Washington State Dog Bite Laws – What You Need To Know

Did you know that dog bite victims in Washington State have legal rights? If you or a loved one suffers harm from a dog bite, you need to understand the dog bite laws in Washington State to be able to protect your legal rights. At Schauermann Thayer, we have achieved thousands of dollars in compensation for our clients personal injury cases, including a $250,000 settlement for dog bite injury. Our experienced personal injury attorneys have helped countless clients receive the compensation they deserve. Call us today at (360) 695-4244 and schedule a no-cost initial consultation to review your dog bite case and discuss your individual needs.

Are Dog Bites Strict Liability in Washington State?

In Washington State, dog bites are governed by RCW 16.08.040, a strict liability law. Under the terms of strict liability laws for animal control, a domesticated animal’s owner is generally considered responsible for damages caused by their pet, such as bite injuries, even when the animal in question has no history of aggressive behavior. By contrast to states in which an owner’s liability for dog bites is tied to their awareness of the dog’s potential to bite, if a dog bites someone in Washington State, the owner cannot escape liability by claiming they did not know their dog was likely to bite, or that they were unaware that their dog might exhibit a propensity toward aggressive behavior. In Washington, knowing or not knowing about the dog’s potential to bite is irrelevant in determining the owner’s liability.

Potential Damages Under Strict Liability

The strict liability rule can make it easier for victims of dog bites to seek compensation for their injuries in Washington State than might be the case in states where an owner’s liability is connected to their awareness of a dog’s potential to bite because it reduces the bite victim’s need to prove negligence on the part of the owner in order. If a dog bites a person in Washington, the bite victim does not have to prove negligence on the part of the owner in order to pursue a claim to cover damages such as:

• Medical expenses incurred during treatment for the bite injuries
• Trauma, both emotional and psychological
• Scarring and disfigurement
• Physical injuries
• Other damages, such as damage to personal property sustained during the attack

Exceptions to Strict Liability

Some exceptions do apply to strict liability law in Washington State. These include the following:

• Trespassing: If the person bitten by the dog was trespassing on the owner’s property at the time of the incident, strict liability may not apply. In such cases, the dog’s owner may argue that the person was unlawfully present on their property.
• Provocation: If the person who suffered the dog bite provoked the animal somehow, the dog owner may use evidence of this behavior in their defense and in defense of their dog. Provocation can be considered actions such as teasing, tormenting, or intentionally agitating the dog, thus precipitating an animal bite. In general, owners are unlikely to be held liable for bite injuries in which their pets were responding to provocation.
• Working dogs: Strict liability laws typically may not apply to dogs engaging in specific work tasks at the time of the incident. Police dogs in particular have a special working exemption: Under Washington Statute RCW 4.24.410, police dogs that bite while working in a law enforcement capacity are exempt from the strict liability rule.

What Rules Should You Follow in Case of a Dog Bite?

In the unfortunate event of a dog bite, you should prioritize your safety and take appropriate steps to protect your legal rights. Here are some important steps you should follow:

• Seek medical attention: Treating the injury is always the first step. Seek immediate medical attention to assess your injuries and receive necessary treatment. Even seemingly minor bites can lead to infections or other complications.
• Gather information: Obtaining as much information as possible about the dog and its owner can be helpful to medical professionals treating your injuries, and may also make it easier to pursue a claim for damages to cover the costs of that treatment. Up-to-date vaccination records for the dogs may be useful to medical personnel in assessing your risks and determining whether to administer post-exposure prophylaxis for dangerous or even deadly infections, such as rabies. As soon as possible, take photographs of your injuries and the location of the incident, and document any relevant details that may help your case.
• Report the incident: Contact local authorities to report the dog bite incident, such as Pierce County Animal Control or Thurston County Animal Services. Involving local authorities helps to establish a “paper trial” documenting the incident, and ultimately making it easier to ensure the responsible party is held accountable. In addition, some dogs may have a documented history of attacks or negligence prior to your injury, or some dog owners may have a history of maintaining violent animals; in that instance, the local animal services are likely places to maintain the relevant records.
• Document your expenses: Keeping detailed records of all medical expenses related to the dog bite incident lays the groundwork for negotiations with the dog owner’s insurance company, if they are insured, or with the owner themselves if insurance is not an option. In order to pursue compensation for financial damages, you will need to provide an estimate of their total cost. Medical bills, prescriptions fees, and other costs resulting from your injuries should all be carefully documented and gathered together.
• Consult an experienced dog bite attorney: To get help navigating the legal complexities surrounding dog bite cases, consider consulting with a knowledgeable dog bite lawyer in Washington. A personal injury attorney with expertise in dog bite laws and related cases may be able to provide you with the guidance and representation you need to pursue your claim.

Act Promptly: Similar to the filing limits for other personal injury cases, the statute of limitations for filing a dog bite claim in Washington State is three years. Realistically, however, sooner may be better when it comes to pursuing compensation that will cover your medical expenses. Even if you are well under the three-year limit for dog bite cases, the attorneys at Schauermann Thayer recommend consulting with a personal injury lawyer as soon as possible to ensure you meet all necessary deadlines and take advantage of potential legal remedies.

Contact a Dog Bite Lawyer for Help

Understanding Washington state dog bite laws can help you protect yourself and your loved ones in case of a dog bite. Sound legal representation may help you recover damages through effective navigation of the complexities of dog bite liability laws. Call the dog bite attorneys at Schauermann Thayer today at (360) 695-4244 to schedule your free case evaluation.