Seek legal counsel to assist you in choosing the proper court and in presenting your case. In West Virginia, if any dog out of the enclosure of the owner has killed or assisted in killing, wounding, or worrying any sheep, lambs, goats, kids, calves, cattle, swine, show or breeding rabbits, horses, colts, or poultry, the owner or keeper of the dog shall be liable in the amount of damages sustained to be recovered in an action in any court or magistrate having proper jurisdiction. Knowledge by the owner that he knew the dog was accustomed to worrying, killing, or wounding is not required to be proved in order to bring the legal action. If the owner or keeper of the dog cannot be found nor is financially responsible, then an alternative procedure is to file a claim with the county commission of the county where the loss was sustained. Both remedies are not available to the owner of livestock, but if an action is maintained and the total amount cannot be recovered, then the difference may be sought from the county commission.
Legal assistance is advised before choosing which remedy to use to recover the loss sustained.
If you see a dog chasing, worrying, wounding, or killing any sheep, lambs, goats, kids, calves, cattle, swine, show or breeding rabbits, horses, colts, or poultry, outside the enclosure of the owner of the dog, you may kill the dog unless the owner of the dog is directing the dog to chase or worry the livestock. Harboring, secreting, or helping to secrete a dog that you know or have reason to know has worried, chased, or killed livestock, not belonging to the owner of the dog is a misdemeanor or criminal act, and every day constitutes a separate offense. It does not appear that damaging flowers is a crime included in this statute, but recovery may be had under the law of trespass for civil damages if they are destroyed. The West Virginia legislature adopted a Plant Pest Act in 1967. The act and its enforcement is the duty of the commissioner of agriculture of West Virginia.