Marc Spurlock: Holy shit dude. Hope she's gets better soon. Whose dog was it?
Brian Squires: Give u one guess
Marc Spurlock: Oh boy. Is it still alive?
Brian Squires: at the moment it is. Hospital contacts animal control & they told me to call to follow up on it & they said they take the dog for 10 days to observe its behavior & if it comes back it's Gonna die, real simple
Brian Squires: U know I'm an animal lover but this is bullshit. I'd do the same if it was my dog.
Sherry Deaton: Wow....that's terrible
Cliff Fox: How awful! Hope your baby girl heals quickly. What kind of dog?
Brian Squires: ?? Half pit bull I think
Brian Squires: But this is a mean dog. There has been complaints on it before but has never bitten til today. Bite once bite again. This problem has to be eliminated & will. Believe that!!!
Paul Williams: My God, if that dog had attacked the right body part it could have killed her. I can't believe county officials have not picked this animal up yet.
Brian Squires: They said they can't do anything about it.
Paul Williams: why?
Brian Squires: Humane society said they can't do anything cause it happened in there yard. And haven't heard from the health dept yet
Brian Squires Paul Williams I was told by NFPD that since the dog hasn't bitten before not much can be done. Even though it has chased & scared everyone on the street & they have had complaints on the dog before
Teresa Squires- Gouer: How is she doing tonight? How do the bite marks look, much bruising?
Brian Squires: She's very sore. Her back us covered & I haven't seen it today myself. Yes she's pretty bruised
UPDATE #1: "My baby on day three after the irresponsible dog owners vicious animal attacked her. Didn't get pictures today of her arm. She wants to go back to school tomorrow so she's Gona try."
Kelly Fontaine: Omg Brian, have they put the dog down
Brian Squires: Nope. Not a damn thing has been done yet. I'm on the hunt for the nastiest attorney there is!!!
Jennifer Marchionna: What kind of dog
Brian Squires: Labeled as an Australian Shepard
[I wonder if it's a Pit Aussie mix?... he described it as a pit bull type dog earlier. A full-blooded Australian Shepherd would not be mistaken for a pit bull type dog.]
UPDATE #2: "Wanna give a big shout out to my neighbors Art & Libby Rohrbough up the street for sending my daughter Sarina a get well card after being attacked by the dog across the street. There really are still great people in this world. Very much respect for them & greatly appreciated!!!!!!!"
"Things you need to know about West Virginia's dog bite law"
West Virginia has a strict liability dog bite statute which is limited to dogs running at large (§19-20-13).
West Virginia is a limited strict liability state. This means that the “One Bite Rule” will be applied to dogs that bite but were not running at large at the time of their attack.
The “One Bite Rule” is very much what it sounds like. Essentially, this rule states that the owner of a domesticated animal such as a dog can only be held strictly liable for any injuries that were sustained by their canine if he or she knew of the animal’s potential to attack. Knowledge of this sort usually stems from a past attack or previous vicious behaviors on the part of the animal. When the “One Bite Rule” is applied to a case, it will be the responsibility of the injured person to establish burden of proof.
Based on the aforementioned stipulations of West Virginia’s dog bite statute, there are specific factors that the courts must see in order to prove owner negligence, and thus be held liable.
The components that are necessary to establish dog owner liability can include proving that the dog owner was acting negligently; proving that the dog was running loose (on the streets, in a park, or in any other area outside of the owner’s property); and proving that the dog is responsible for at least one previously reported attack or bite. -- Mani Ellis & Layne attorneys website
