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The West Virginia Supreme Court has overturned a decision ordering the destruction of a pit bull that bit a child.
The court says the Wayne County Circuit Court erroneously adopted a presumption that pit bull breeds are vicious, dangerous or a public health hazard.
Tuesday’s ruling says West Virginia’s law regarding vicious dogs doesn’t contain a breed-specific assumption.
The decision came in the case of a pit bull named Tinkerbell that bit an 8-year-old boy on March 31, 2014.
The Supreme Court says facts in the case don’t support the circuit court’s conclusion that Tinkerbell is vicious or dangerous.
A circuit judge acquitted Tinkerbell’s owners of charges that they knowingly owned or kept a dog they knew was vicious or dangerous. But the judge later ordered Tinkerbell’s destruction.
