While most dogs make wonderful pets and loving companions, not every dog is friendly. When a dog bites or attacks, it does not only cause physical wounds — but a victim may also experience emotional scars and financial consequences. Washington follows the doctrine of strict liability when it comes to dog bites, and an owner may be held accountable for the harm their dog caused to another, even if it is the first bite.

What is Washington State Strict Liability Dog Bite Law?

Washington state dog bite laws impose strict liability on dog owners for injuries their dog causes to another, regardless of the dog’s previous behavior — or whether the owner knows that the dog has vicious propensities. Additionally, liability for a dog bite in Washington can extend beyond the animal’s owner. Under the law, anyone who keeps, harbors, or controls the dog can be held responsible for an attack. This can include any temporary caretakers of the dog, such as dog walkers, pet sitters, or family members who were in control of the dog at the time the incident occurred.

What Injuries are Covered Under the Washington State Dog Bite Laws?

Washington state dog bite laws cover a wide range of injuries — not just the bite itself. It also applies to injuries that may be sustained as a result of falling in a dog attack, or infections caused by harmful bacteria in the dog’s mouth. Injuries that are commonly sustained in a dog bite accident can include the following:

• Puncture wounds
• Bone fractures
• Nerve damage
• Bacterial infection
• Lacerations
• Abrasions
• Tissue loss
• Sprains and strains
• Soft tissue injuries
• Emotional trauma
• Crush injuries
• Permanent scarring

The above injuries can result in medical bills and a need for time off work. In addition to physical injuries, dog bites can also cause a victim to experience emotional suffering. Depending on the type of injury sustained, the impact of a dog bite can be long-lasting or even permanent.

Exceptions to Washington’s Strict Liability Dog Bite Law

There are certain exceptions to the strict liability imposed by the Washington dog bite law. For example, if the dog owner can prove that the animal was provoked by the victim, they may be able to avoid liability. This is a high standard to meet and requires demonstrating that the victim acted intentionally to provoke the dog. The law also does not apply to police dogs acting in the line of duty.

Another exception to the Washington dog bite law concerns trespassing. If the dog’s owner can establish that the victim was unlawfully present on their property at the time the incident occurred, they may be entitled to use the defense of trespassing. Notably, this defense is not applicable in cases where a person was invited onto the property or was there for a lawful reason.

What Damages Can a Dog Bite Victim Recover?

Under the Washington dog bite laws, a victim may be entitled to recover both the economic and non-economic damages that they incurred due to the attack. Economic damages can include the monetary expenses related to the dog bite, such as medical bills, lost wages, out-of-pocket costs, and any other pecuniary losses. A victim might also be eligible to receive compensation for property that was damaged because of the dog attack, such as torn clothing or broken glasses.

Non-economic damages that may be recovered after a dog attack refer to compensation for the emotional trauma and physical pain suffered by a dog bite victim. This category of damages is also called “pain and suffering.” In addition to being compensated for the physical and emotional harm they suffered, a victim may also be eligible to receive monetary recovery for their loss of enjoyment of life, disfigurement, mental distress, and scarring.

It is essential to be aware that the Washington dog bite laws generally require a victim to file a lawsuit for their damages within three years from the date of the accident. However, there are certain exceptions to this statute of limitations, such as for minors. If a victim was under 18 at the time of the dog attack, the statute of limitations may be tolled until they reach the age of majority — at which time, they would have three years to commence a suit.

Contact an Experienced Washington Dog Bite Attorney

If you were injured due to a dog bite, it is important to hold the owner accountable. The Bellingham personal injury attorneys at Robinson & Kole offer experienced representation to dog bite accident victims throughout Washington State. We provide personalized time and attention in each case as we work toward obtaining the maximum monetary recovery available to you under the law for your injuries.

We welcome you to contact us for a free consultation by calling 360-671-8112 or by using our online contact form. Se habla Español.