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| March 26, 2024

Washington State Dog Bite Laws

Washington State law mandates strict liability for dog owners in cases of bites, whether on public or private property, without the need for the victim to prove the dog's previous aggression or the owner's knowledge of such behavior. Exceptions include provocation by the victim or trespassing.

Washington's Strict Liability Dog Bite Law (RCW 16.08.040)

Washington's Strict Liability Dog Bite Law (RCW 16.08.040) imposes financial responsibility on dog owners for injuries caused by their dogs, regardless of the dog's prior behavior or the owner's awareness of potential aggression. This law applies to incidents on both public and private property and makes the owner liable for any harm caused by their pet. Unlike the "one-bite rule" observed in some states, which allows a dog one incident before the owner is held liable, Washington law requires owners to face consequences from the first bite. This part of the statute is meant to help prevent dog attacks before they happen.

Below are some of the practical applications and implications of the law.

  1. Clarification of "Owner": Under this law, the term "owner" includes anyone who harbors, keeps, or controls the dog, expanding liability beyond just the legal owner. This ensures that all responsible parties can be held accountable.
  2. Scope of Injuries Covered: The law encompasses all injuries related to a dog bite incident, not just the bite itself. This includes injuries that may occur as a result of the incident, such as falls.
  3. Filing a Claim: Victims must document their injuries, report the bite to local authorities promptly, and may need to consult with an attorney to navigate the claim process effectively. Washington State allows three years from the incident to file a claim.
  4. Role of Authorities: Animal control and law enforcement document dog bite incidents, providing essential evidence that supports the application of strict liability laws in these cases.
  5. Defenses Available to Dog Owners: There are defenses available to dog owners, notably if the victim provoked the dog or was trespassing at the time of the incident, which could negate the owner's liability.
  6. Consequences and Insurance Implications: Incidents can have legal repercussions for dog owners beyond immediate financial liability and may impact the owner's homeowner’s insurance policy, including potential rate increases or policy cancellations.
  7. Legal Outcomes: Dog owners may face various legal outcomes after a bite incident, from fines and mandatory dog training to possible criminal charges in severe cases.

Exceptions to Liability (RCW 16.08.050 & RCW 16.08.060)

Washington's dog bite injury law includes exceptions where the dog's owner may not be held liable:

  1. Provoking the Dog: If a victim was provoking the dog or trespassing at the time of the incident, the owner might avoid liability.
  2. Police Dogs: A police dog performing its duties in law enforcement is generally exempt from these liability rules.

Dog Owner Responsibilities in Washington State

In Washington State, dog owners are required to follow local ordinances to ensure their pets do not pose a risk to others. This includes adhering to leash laws and securing pets properly within their property. Non-compliance can result in legal consequences and endanger public safety.

Leash Laws

In Washington state, leash law within WAC 352-32-060 specifies that "All pets or domestic animals must be kept under physical control, on a leash no greater than eight feet in length, or otherwise physically restrained, at all times while in a state park area." There may also be other local leash laws designed to protect the public and local wildlife.

Proper Enclosure Requirements

Enclosures for dogs must provide adequate space for movement and adhere to safety standards to prevent dogs from escaping, especially for pets that are classified as dangerous dogs.

Insurance Coverage

Under Washington dog bite laws, although there's no mandate for dog owners to have insurance, but owners are financially liable for injuries their dogs cause. They should have proper insurance to compensate victims in case their pet injures another person.

Steps to Take After a Dog Bite

After a dog bite, for your own safety, you should dial 911, regardless of whether the bite seems trivial or not concerning at first glance. What appears to be a minor dog bite could lead to significant injuries or infections. The following are steps to take as soon as possible after a bite.

  1. Seek Medical Attention: Get medical treatment right away to prevent infections and start the healing process.
  2. Report the Incident: Inform local animal control authority or public health departments to create an official record of the bite and trigger investigations.
  3. Gather Evidence: Secure contact details of the dog owner and witnesses. Photograph your injuries and the scene of the incident for evidence.
  4. Follow Up on Health Concerns: Follow all medical advice, including obtaining rabies vaccinations if the dog's vaccination history is unknown.
  5. Quarantine or Evaluation of the Dog: Stay informed about actions taken by local authorities regarding the dog's quarantine or evaluation, which can affect your case.
  6. Legal Consultation: Speak with an attorney to understand your legal rights and discuss compensation for your injuries.
  7. Document Your Recovery Process: Keep a detailed log of your medical treatments, the recovery timeline, and how the physical injury affects your daily activities. This information is crucial for insurance and legal claims.

These steps help manage the situation effectively and mitigate risks after a dog bite occurs.

The Dog Bite Claim Process

After a dog bite in Washington State, the claim process begins once initial reports and medical documentation are in place. This process helps your attorney obtain the best possible compensation for injuries and damages sustained. Here’s what it entails:

Drafting the Demand Letter

The process starts with your attorney drafting a demand letter to the dog owner's insurance company. This letter outlines the specifics of the incident, your injuries, and the compensation you're seeking.

Settlement Negotiations

  • Negotiation Phase: Negotiations start based on the demand letter. Your attorney and the insurer discuss to reach an agreeable compensation amount.
  • Review Offers: Any offers received are evaluated by your attorney, who will advise you on their fairness in covering your damages and injuries.
  • Making a Decision: If an offer adequately compensates for your injuries, accepting it settles the case. Otherwise, the next step is to prepare for trial.

Preparing for Trial (If Necessary)

If negotiations don’t lead to a satisfactory settlement, preparing for trial is the next step. This includes:

  • Evidence Collection: Gathering all necessary evidence, including medical records, witness statements, and any other documentation that supports your claim.
  • Legal Filings: Your attorney handles the filings and respects court deadlines to ensure your case moves forward without delay.
  • Trial Strategy: Developing a strategy to present your case effectively in court to aim for the best possible outcome.

This structured claim process is necessary to secure the maximum compensation for your injuries, with your attorney guiding you through each step.

Psychological Impact on Victims

Beyond the physical injuries that demand immediate attention, dog bites can leave deep psychological scars. Victims may experience a newfound fear of dogs, which can their ability to enjoy public spaces or interact with pets they once loved. The trauma from a dog bite can also manifest as anxiety, nightmares, and even post-traumatic stress disorder (PTSD) and have a significant impact on quality of life.

This emotional distress following a dog bite can be as debilitating as physical injuries, sometimes more so, as it affects victims' sense of safety and comfort in their everyday environments. Children, in particular, are susceptible to long-lasting fear and anxiety after a dog attack, which can influence their social development and interactions with animals for years to come.

Legal claims for dog bites should cover all damages, including emotional distress. Effective legal help goes beyond just physical injuries to also get victims compensation for mental health care, such as therapy. Our attorneys work to be sure that dog bite victims get the full support they need to heal from a dog bite's trauma.

Reporting a Dog Bite to Local Animal Control

Reporting a dog bite to a local animal control officer is important because it is part of the legal process for victims. It includes details about the dog, its owner, and exactly what happened, supported by evidence like medical records of the injuries, photographs, and witness statements.

Reporting a dog bite officially documents the incident, which is necessary for victims to seek compensation or legal remedy. It makes sure that the incident is formally recognized, which can help in resolving any claims related to injuries or damages caused by the dog.

Quarantine and Euthanasia

Once a dog bite has been reported and the victim has received medical care, the focus shifts to the fate of the dog involved. Animal control will make decisions regarding quarantine or euthanasia and weigh factors such as the severity of the bite and the dog’s history. These decisions, while difficult, are made with the intent of safeguarding the public and preventing further harm.

Quarantine is often the first step, particularly if the dog’s rabies vaccination status is uncertain, allowing for observation and assessment of any potential health risks. In more severe cases, such as when an attack is fatal or the dog is a repeat offender, euthanasia may be considered. These decisions are carried out by balancing the need to protect the public and treat the dog in a humane manner.

Defenses and Exemptions in Dog Bite Cases

When a dog bite case is brought to court, the narrative isn’t always black and white. There are shades of grey that Washington State law recognizes, offering specific defenses and exemptions to dog owners. These defenses are not to shield the irresponsible but a consideration for those rare instances where the circumstances may absolve an owner from liability. Below are a few of these exceptions.

Provocation Defense

The provocation defense is an important aspect of Washington State’s dog bite laws. Should a dog owner demonstrate that an attack was a direct result of the victim’s provocative actions, the law may side with the owner. Actions perceived by a dog as threatening or enticing could potentially be argued as provocation, but the burden of proof lies with the owner.

Cases Involving Children: There is, however, a line drawn when it comes to children. In Washington, children under the age of six are presumed incapable of provoking a dog in a manner that would justify an attack.

Trespassing

Another defense that dog owners might resort to is the claim of trespassing. If an individual is bitten while unlawfully on the owner’s property, the owner may have a solid defense against liability. This provision is in place to protect property rights and ensure homeowners feel safe on their own property.

However, not everyone on a property is considered a trespasser. Delivery personnel, utility workers, or even guests may have implied consent to be on the premises, and in these cases, the trespassing defense would not apply.

Police and Service Dogs

Police and service dogs have a special consideration under Washington State law. A service animal, trained for specific duties, might bite or injure in their line of work. The law often exempts them from liability due to their role in public safety and assistance to people with disabilities. However, this exemption isn't absolute for every action they take and is meant to fairly consider the nature of their work while properly addressing any incidents involving these dogs.

Penalties and Consequences for Dog Owners

In Washington State, dog owners can face more than civil liability if their dog bites someone; they might be subject to fines or criminal charges, based on how serious the bite is and the dog's past behavior.

The state's dog bite laws are designed to provide justice for dog bite victims by enforcing penalties on owners who don't meet their legal responsibilities, like not registering a dangerous dog or lacking proper insurance. The ultimate purpose of these penalties is to actively prevent dog bites in the first place.

Fines and Criminal Charges

The financial toll on dog owners for their pets’ actions can be substantial, with fines influenced by the severity of the bite and the dog’s prior behavior. In some cases, these fines can escalate to class C felony charges, especially if a dog declared dangerous previously causes injury or death. These penalties are not just monetary but can carry a criminal mark that can have lasting effects on the owner’s life.

Loss of the Dog

The loss of a pet is painful for any dog owner, but in cases where a dog has been deemed dangerous and the owner has not complied with legal requirements, confiscation or even euthanasia may be justified. When it is determined that a dog poses a risk to the public, the law may require these types of outcomes.

A dog may be labeled dangerous for reasons including:

  • Lack of proper registration
  • Insufficient insurance coverage
  • Inadequate enclosure
  • Failure to maintain physical restraint when outside the owner’s property

Dog bite laws in Washington state are in place to prevent these types of extreme measures.

Breed-Based Regulations

Washington State's RCW 16.08.110 directly addresses breed-based dog regulations and prioritizes behavior over breed in determining a dog's potential risk. Under this law, local jurisdictions are restricted from enacting bans or specific requirements solely based on a dog's breed unless they meet comprehensive conditions that focus on individual dog behavior.

To comply with the state law, cities and counties that wish to enforce breed-specific legislation must:

  1. Implement a fair process allowing dogs of any breed to be exempt from such regulations if they pass a behavioral assessment, such as the American Kennel Club Canine Good Citizen test or an equivalent test determined by the local government.
  2. Ensure dogs that pass these behavioral assessments are exempt from breed-based restrictions for a minimum of two years, with opportunities for retesting to maintain their exempt status.
  3. Provide dogs that initially fail the behavioral test a chance to retest within a reasonable timeframe set by the local authority.

The behavior-over-breed approach is fairer to both dogs and their owners, and allows for more accurate assessments.

Compensation and Legal Assistance for Dog Bite Victims

Victims of dog bites in Washington State can pursue compensation for various damages, including medical bills, lost wages, and pain and suffering. Success in claiming these damages depends on proving the dog owner's liability, the extent of insurance coverage, and having effective legal representation. A knowledgeable and experienced dog bite attorney can guide victims through this process, helping them obtain the compensation they are entitled to.

Recoverable Damages After a Dog Bite

In Washington State, individuals bitten by dogs have the right to seek compensation for their injuries. This may include medical expenses, lost wages, and pain and suffering. A skilled attorney can maximize the compensation received in a dog bite case.

Victims of dog bites may be eligible to claim for:

  1. Medical Expenses: Medical treatment and rehabilitation
  2. Lost Wages: Earnings lost due to recovery time
  3. Pain and Suffering: Compensation for the emotional and physical distress suffered from the attack.

These recoverable damages offer a measure of relief and acknowledgment of the hardship faced by dog bite victims.

Insurance Coverage

In Washington State, the law's emphasis on owner liability for dog bites means insurance often plays a critical role in compensation. In Washington, homeowner’s or renter’s insurance policies typically include coverage for dog bites and provide a financial buffer for both the victim and the dog owner. However, the extent of this coverage is not without limits.

In Washington, insurance coverage limits for dog bites can vary, including caps on payout amounts and exclusions for certain breeds or circumstances. This information is needed to realistically assess potential compensation. Your attorney can work through these details to maximize compensation in your claim within the confines of the owner’s policy.

Hiring an Attorney

Dog bite cases are rarely straightforward. Freeman Law Firm, Inc. specializes in dog bite cases, providing support and skilled legal expertise to victims. Our experienced dog bite attorneys are experts in determining liability, collecting evidence, and negotiating with insurance companies to ensure you receive the compensation you deserve.

Freeman Law Firm, Inc. offers representation on a contingency basis, meaning clients only pay if their claim is successful. This allows you to access high-quality legal representation without worrying about initial costs, focusing instead on your recovery and obtaining fair compensation. With our extensive experience in dog bite law, Freeman Law Firm, Inc. significantly improves the likelihood of a positive case outcome.

Balance in Dog Bite Laws

Washington state dog bite laws are designed to provide victims of dog bites clear paths for seeking compensation and to remind dog owners of their obligations to prevent harm, as well as the potential penalties for failing to adhere to the law. Ultimately these laws provide balance for victims and owners and aid in dog bite prevention.

Frequently Asked Questions

What is the statute of limitations on a dog bite in Washington state?

You have three years to file a lawsuit for dog bite injuries in Washington State, or you may lose your right to recover compensation for your damages.

Does Washington state have a one-bite rule?

No, Washington State does not follow the "one-bite rule." Instead, it enforces a strict liability law regarding dog bites. Under RCW 16.08.040, dog owners are held liable for any injuries their dogs cause by biting, regardless of the dog's previous behavior or the owner's knowledge of such behavior. This means a dog owner can be responsible for damages even if the dog has never shown aggression or bitten someone before. This law applies to bites occurring on public or private property, emphasizing owner responsibility for their pet's actions.

Can a dog owner be held liable for a bite even if their dog has never shown aggression before?

Yes, dog owners can be held liable for a bite even if their dog has never shown aggression

To prove provocation, a claim will need to provide sufficient evidence, such as witness statements, video footage, or expert testimony about the dog's reaction to specific actions can be used. It must show the victim's actions directly provoked the dog's aggressive response.

What criteria classify a dog as 'dangerous' in Washington?

A dog may be deemed dangerous if it has severely injured a person without provocation, killed another domestic animal, or been previously identified as potentially dangerous and then aggressively bites a person or causes a severe injury.

Does Washington State consider specific breeds as more dangerous?

No, Washington State's RCW 16.08.110 prohibits breed-based discrimination. A dog's behavior, not its breed, is the focus for determining risk and liability.

What should I do if my insurance does not cover dog bites?

If your insurance policy excludes dog bites, consider purchasing a separate liability policy or umbrella insurance that includes coverage for dog bites.

Can I seek compensation if bitten by a dog while working?

Yes, if bitten on the job, you may be eligible for workers' compensation benefits. Additionally, you might have a separate personal injury claim against the dog owner.

What is the quarantine process for a dog after a bite incident in Washington?

A dog may be quarantined by local animal control for a period to observe for rabies and assess the danger it poses. The duration and conditions depend on local regulations and the specific circumstances of the bite.

How are pain and suffering calculated in a dog bite claim?

Pain and suffering damages are subjective and determined by considering the severity of injuries, the recovery process, and the impact on the victim's life. Documentation and testimony can support these claims.

What documentation is helpful when filing a dog bite claim?

Useful documentation includes medical records and bills, photographs of injuries, a detailed account of the incident, witness contact information, and any communication with the dog owner or their insurance company.

If you've been bitten by a dog in Washington State, Freeman Law Firm, Inc. can help. We specialize in helping dog bite victims get the compensation they deserve. You don't pay us anything unless we win your case. Contact us to get a free consultation.

 

 


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