Your Rights After a Dog Bite in Washington

Washington’s strict liability statute could help you recover damages

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:

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:

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:

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:

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.

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:

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.