Washington’s strict liability statute could help you recover damages
Whether you’re a dog owner or dog bite victim, it’s important to understand Washington’s dog bite statute, defenses to dog bite lawsuits, compensation, and insurance considerations.
The relationship between humans and their canine companions is usually one of mutual respect and love. However, not every interaction goes as planned.
Imagine an autumn afternoon in Seattle’s Green Lake Park. Jennifer is taking a peaceful stroll when an unrestrained dog darts away from Eric and bites Jennifer, causing not only a physical injury but also emotional distress.
Can Jennifer sue Eric for damages? What if the dog has never shown any signs of aggression before? What if Eric isn’t the owner of the dog but was only dog-sitting?
Let’s clarify Washington’s dog bite laws.
Dog bite statistics in Washington
Washingtonians love dogs. The state ranks 7th in the nation when it comes to dog ownership.
According to estimates, 42.8 percent of Washington households own a dog. In fact, the average household owns 1.5 dogs.
Dog bite statistics are not well maintained in Washington. However, across the country, the Centers for Disease Control and Prevention (CDC) estimates that approximately 4.5 million people are bitten by dogs each year. Of the people bitten, more than 800,000 receive medical attention.
One area in which Washington does maintain dog bite statistics is with respect to United States Postal Service (USPS) workers. Out of all 50 states, Washington ranks 11th for most dog attacks against USPS workers in 2022, the most recent year for which data is available, with 136 reported bites.
Washington’s dog bite statute
When it comes to dog bites, most states apply one of two laws:
- Strict liability: In states that apply strict liability, an owner is liable for a dog bite regardless of whether or not the dog has displayed aggressive or violent tendencies in the past.
- One-bite rule: In states that apply a one-bite rule, an owner is only responsible for a dog bite if the owner knew or should have known about their dog’s violent tendencies.
Washington applies a strict liability rule, meaning a dog owner is liable for the injuries caused by their dog if the injured person can prove that their injury was caused by the dog bite.
That’s it.
It doesn’t matter whether the dog bit anyone before or whether the dog was on a leash.
Here’s the Washington statute in full:
RCW 16.08.040
Dog bites - Liability.
(1) The owner of any dog which shall bite any person while such person is in or on a public place or lawfully in or on a private place including the property of the owner of such dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the owner's knowledge of such viciousness.
(2) This section does not apply to the lawful application of a police dog, as defined in RCW 4.24.410.
Defenses to Washington dog bite lawsuits
Because Washington has taken a strict liability approach to dog bite claims, there are very few defenses. Dog owners are mostly limited to the following defenses:
- The victim wasn’t bitten: In some cases, a person might claim to have been bitten when, in fact, the injury was caused in another manner, such as being scratched or knocked down by the dog. The distinction is important because Washington’s strict liability law specifically applies to injuries caused by dog bites. If the injury was not a result of a bite, the strict liability statute would not apply, and the victim would need to prove negligence on the part of the dog owner to recover damages.
- The victim was trespassing at the time of the injury: Strict liability for dog bites applies when the victim is “in or on a public place or lawfully in or on a private place, including the property of the owner of such dog.” In other words, if the victim was unlawfully on the property, the owner may not be held strictly liable under the dog bite statute. However, the owner might still face negligence claims if it’s found they did not take reasonable steps to prevent foreseeable harm.
- The victim provoked the dog: Proving provocation requires evidence that the victim’s actions directly contributed to the aggressive response from the dog. The challenge in these cases lies in demonstrating the nature of the provocation and establishing a direct link to the dog’s response.
Damages and insurance considerations
Dog bites can result in a wide range of injuries, some of which are severe and life-altering.
The most common dog bite injuries include:
- Broken bones
- Nerve damage
- Puncture wounds
- Lacerations
Additionally, psychological trauma, such as post-traumatic stress disorder (PTSD), fear of dogs, and anxiety may result following a dog attack.
Fortunately, dog bite victims in Washington can recover economic and non-economic damages:
- Economic damages represent the monetary losses caused by your accident (e.g., medical expenses, lost wages, property damage).
- Non-economic damages represent the non-monetary losses caused by your accident (e.g., pain and suffering, loss of consortium).
Most states allow punitive damages to be awarded for the purpose of punishing defendants for malicious, intentional, or reckless conduct. However, Washington, with few exceptions, does NOT allow plaintiffs in personal injury cases to recover punitive damages.
Will homeowners’ insurance policies cover dog bites?
Most homeowners' insurance policies cover dog bite liabilities up to a certain limit, typically ranging from $100,000 to $300,000. However, if the claim exceeds this amount, the dog owner might be personally responsible for the difference.
Here are some things to keep in mind:
- Some homeowners’ policies exclude certain breeds. It’s always a good idea to check your policy (if you’re a dog owner) or request a copy of the dog owner’s insurance policy (if you’re a dog bite victim).
- The medical payments coverage in a homeowner’s policy pays the medical bills of people hurt on the homeowner’s property. It may also pay for some injuries that occur away from home, like at a park.
- An optional umbrella policy kicks in if an owner’s homeowners’ insurance doesn’t cover dog bite injuries or doesn’t pay enough.
What should I do if I’m bitten by a dog in Washington?
If you’re bitten by a dog in Washington State, taking immediate steps can help protect your health and legal rights.
First, seek medical attention, even for minor bites, as dog bites can lead to infections and more severe health issues.
Second, report the bite to local authorities and gather information, such as the dog owner’s contact details and any witness statements. It’s also a good idea to take photographs of your injuries. Documenting your injuries and the circumstances surrounding the dog bite can be crucial for any legal action.
Third, consult an experienced dog bite attorney to explore your legal options. Most initial consultations are free, and personal injury lawyers take cases on a contingency fee basis.
Washington dog bite FAQs
Still have questions about dog bites in Washington? Let’s see if we can get them answered:
Yes, in Washington, criminal charges can be filed in cases where a dog bite results from the owner's negligence or if the dog has been previously declared dangerous and the owner fails to take the necessary precautions to prevent the bite. Under RCW 16.08.100, owners of dangerous dogs are required to take specific measures to restrain their dogs, and failure to comply can lead to severe penalties, including criminal charges.
Yes, dog bites should be reported in Washington State. According to the Washington State Department of Health, anyone who has been bitten by a dog should report the incident to their local health department. Reporting is crucial for public health monitoring and can help prevent future bites by identifying potentially dangerous animals.
In Washington, the statute of limitations for filing a dog bite lawsuit is generally three years from the date of the bite, as per RCW 4.16.080. This means victims have three years to initiate legal action for injuries suffered from a dog bite. Failing to file within this period can result in the loss of the right to sue.
In Washington, if you're injured by a dog without being bitten, such as being knocked down or scratched, you may still have the right to seek compensation. These cases may fall under the broader category of personal injury, where the victim must prove negligence on the part of the dog owner. Essentially, the victim would need to demonstrate that the owner failed to exercise reasonable control over the dog, leading to the injury.
For more detailed guidance and to ensure your rights are fully protected, consulting with an experienced personal injury attorney who specializes in dog bite cases is recommended. They can provide legal advice tailored to the specifics of your situation and help navigate the complexities of Washington's laws regarding dog bites and other related injuries.
See our guide Choosing a personal injury attorney.