Unprovoked dog bites can be particularly jarring because they occur without any known reason. You might be walking down the street in Tacoma or visiting a public park, and a dog could suddenly bite you. Washington law generally holds the dog owner liable in these cases, given that the victim was neither trespassing nor committing a crime at the time of the bite. The law expects dog owners to have adequate control over their animals to prevent such incidents.
Provoked bites are complex because the dog was somehow threatened or agitated before biting. In these situations, Washington law will examine the circumstances carefully. Was the dog being teased, threatened, or abused? Or was it a less obvious form of provocation? The degree to which the victim contributed to the incident might affect the outcome of a lawsuit or claim.
Defensive bites generally occur when dogs feel that they have no choice but to protect themselves, their territory, or their human family members. This kind of bite can overlap with provoked bites but tends to have an additional element of perceived danger from the dog’s perspective. Washington law can sometimes view these types of bites differently, especially if the dog was acting in defense of its owner during a criminal act.
Playful bites usually happen during play but can sometimes escalate, leading to serious injury. Children and the elderly are particularly susceptible to being harmed by playful bites. While these bites might appear innocent, they can still result in a dog bite lawsuit or claim under Washington law.
An untrained or neglected dog can become unpredictable and may eventually bite someone. In Washington, the onus is generally on the dog owner to make sure that their pet is well-trained and properly cared for. Poor training or neglect could significantly impact the owner’s liability in a lawsuit or claim.
Dogs are territorial creatures. They may bite to defend what they think is their territory, whether that’s a house, a yard, or even a car. In spite of this, Washington law holds dog owners responsible if their dog bites someone within the owner’s property.
We often forget that dogs can be as startled as humans by sudden movements or loud noises. Such situations could lead to a dog bite, which Washington law may regard as a provoked action, affecting the owner’s degree of liability.
Underlying health conditions like pain or illness can cause a dog to bite. While some may argue that the dog was not at fault, Washington law generally does not distinguish between bites caused by health issues and other types of bites. Dog owners could still be held liable, making it important for them to monitor their pet’s health carefully.
A dog that has not been adequately socialized may feel uncomfortable or threatened around people or other animals, increasing the likelihood of a bite. This is an often-overlooked aspect that Washington law considers when determining a dog owner’s liability in a bite case.
According to Washington law, a dog owner is strictly liable for any damages their dog causes by biting someone. This liability exists regardless of whether the dog had a prior history of aggression or whether the owner was aware of the dog’s potentially dangerous behavior. The bite must occur in a public place or while the victim is lawfully on private property, which includes the dog owner’s property.
The law specifies that a person is considered lawfully on private property if they have either express or implied consent from the property owner. However, this consent cannot be assumed if the property is fenced or adequately posted with signs.
If you provoked the dog before it attacked you, the dog owner could use this as a defense against your claim. In this case, the burden of proof will be on the dog owner to show that you provoked the animal.
Washington law differentiates between “potentially dangerous dogs” and “dangerous dogs.” A “potentially dangerous dog” is one that has shown a tendency to be aggressive, either by biting or approaching people in a menacing manner. A “dangerous dog” is one that has either inflicted severe injury on a person or killed a domestic animal when unprovoked. Severe injuries are defined as those resulting in broken bones or disfiguring lacerations that require multiple sutures or cosmetic surgery.
Owners of dangerous dogs are required to keep them within a secure enclosure. When taken out of this enclosure, the dog must be muzzled and restrained by a strong chain or leash, and under the control of a responsible adult.
If a dangerous dog is not kept as per the rules or if the owner does not have the required liability insurance, the dog can be confiscated by animal control authorities. The owner is responsible for the costs related to the dog’s confinement and could also be charged with a gross misdemeanor or even a class C felony under certain circumstances.
In Washington, the dog’s owner is automatically liable for any damages caused by a dog bite, irrespective of whether the dog had shown aggressive tendencies before or not. This eliminates the need for you, as the victim, to prove that the dog owner was negligent or that they knew their dog was dangerous.
In Washington, the statute of limitations for filing a personal injury lawsuit, including dog bite cases, is three years from the date the injury occurred. Failing to file a lawsuit within this period could result in your case being dismissed.
Many dog owners have homeowner’s or renter’s insurance policies that cover dog bites. Filing a dog bite insurance claim can often be a quicker and less stressful way of obtaining compensation. However, insurance claims may have their own limitations in terms of how much you can recover.
The priority after experiencing a dog bite is to seek medical attention right away. Even if the wound appears minor, getting it professionally examined is important to avoid any risk of infection or complications down the line.
According to Washington law, the dog owner is usually liable for the damages sustained in a dog bite incident. Washington follows a “strict liability” rule, which means the dog owner is responsible regardless of whether the dog has a history of aggression. Exceptions to this rule may include if you were trespassing on private property or intentionally provoking the dog.
In Washington, you have three years from the date of the dog bite to file a lawsuit. Missing this deadline could severely impact your ability to claim damages.
Many homeowners’ insurance policies in Washington cover dog bites. However, insurance companies will often try to settle for the least amount possible. Having a lawyer can help you negotiate a fairer settlement.
While not a legal requirement, dog bite injury victims having a lawyer familiar with Washington’s dog bite laws can dramatically improve victims’ chances of a successful claim. Legal representation can help you understand the complexities of the law, gather necessary evidence, and represent your best interests throughout the process.
If you or someone you care about has been the victim of a dog bite or dog attack, it’s important to act quickly. At Freeman Law Firm, Inc., we focus on personal injury cases, including dog bites. We understand the physical and emotional toll that dog bite injuries can take on you and your family, and we’re here to provide the legal guidance and representation you deserve. Don’t wait—every moment counts in building a strong case. Contact us today at (253) 383-4500 or send us an email to set up a consultation. Let us help you take the first step towards securing the compensation you rightfully deserve.
