Dog Bite Laws: Who Is Responsible When an Animal Attacks?
While most dogs are loyal companions, bites and attacks can and do happen. When they do, they can lead to serious injuries and legal action. If you have been bitten by a dog, you might wonder who is legally responsible.
At Gierth-Eddy Law Offices PLLC, our experienced personal injury attorneys are ready to fight on your behalf to get justice and compensation. With offices in Kennewick and Yakima, we proudly serve clients across Washington State, including the communities of Pasco and Richland.
Washington law specifies liability in dog bite cases, making it essential to understand your rights and protections. This guide explains the state's dog bite statute and how liability is assessed.
Washington Liability Law for Dog Bites
While some states follow a "one-bite rule," Washington enforces strict liability when it comes to dog bites. This means that a dog owner can be liable even if the dog has never shown aggressive behavior before. According to RCW 16.08.040, the owner is responsible if:
The victim was in a public place or lawfully on private property: This includes sidewalks, parks, stores, and even someone visiting a home with the owner’s permission. Being lawfully present means the victim wasn't trespassing or illegally entering the property at the time of the incident.
The dog bit the person, causing injury: The law specifically requires that an actual bite occurred, not just a knockdown or a scratch. However, the bite doesn’t need to be severe or require stitches for the owner to be liable.
There’s no need to prove the dog had a history of aggression or that the owner was negligent. The key factor is ownership and the occurrence of a bite. This makes Washington one of the more victim-friendly states in terms of legal recourse.
Does the Size of the Dog Impact Liability?
Being bitten by a smaller dog might lead you to question whether the dog's size affects liability. However, under Washington state law, the dog's size has no bearing on liability.
The law focuses on the fact that a bite occurred, not on the breed, size, or history of the dog. Whether it's a Chihuahua or a Great Dane, if the dog bites someone who's lawfully on public or private property, the owner is typically liable.
That said, size can come into play in a few indirect ways:
Severity of the injury: Larger dogs may cause more serious injuries, which can affect the amount of compensation a victim may be entitled to.
Owner's knowledge and precautions: If a dog is known to be powerful or harder to control, and the owner fails to take proper precautions, it could be used to demonstrate negligence in other types of claims.
However, when it comes to strict liability, size doesn’t change the legal responsibility.
Are There Exceptions to Dog Bite Laws?
While Washington has a strict liability law when it comes to dog bites, there are some exceptions. Dog owners may not be held responsible in certain circumstances, such as:
If the victim was trespassing on private property: A person who enters private property without permission isn't considered to be there lawfully. In this case, the dog owner may have a valid defense and could avoid liability. However, this defense is less likely to hold if the trespasser was a child or someone who had a reasonable belief they were allowed to be there.
If the dog was provoked, either intentionally or recklessly: Provocation can include teasing, hitting, or otherwise antagonizing the dog in a way that would reasonably cause it to bite. The standard is whether a “reasonable person” would consider the dog’s reaction to be expected under the circumstances. If provocation is proven, it can significantly reduce or eliminate the owner's liability.
If the bite occurred while the dog was performing police or military work under specific guidelines: Law enforcement and military dogs are often exempt from liability if the bite occurred during the course of official duties, such as apprehending a suspect. However, this exemption only applies when the dog was under proper supervision and acting within department policy. If the dog was used improperly or excessive force was involved, the agency could still be held accountable.
These defenses can complicate a case, so victims and owners alike should be prepared to provide evidence, whether it’s security footage, eyewitness accounts, or medical reports, to support their claims.
What to Do If You’ve Been Bitten by a Dog
If you're bitten by a dog, taking the right steps quickly can make a big difference in your recovery and any potential legal action:
Seek medical attention immediately: Dog bites can cause serious infections like rabies, tetanus, or cellulitis if left untreated. A healthcare provider can clean the wound, prescribe antibiotics if needed, and give vaccines. Getting treatment also creates a medical record that can serve as evidence if you pursue a legal claim.
Report the incident to local animal control or law enforcement: Reporting helps authorities assess whether the dog poses an ongoing threat to the community. It also creates an official record of the attack, which is valuable in any legal or insurance process. In many Washington jurisdictions, failure to report a bite could hinder your ability to pursue compensation later.
Document everything, including photos of injuries, location of the attack, the dog and its owner, and any witnesses: Clear photos taken immediately after the bite and during recovery can show the extent of your injuries. Try to get the name and contact info of the dog’s owner and any bystanders who saw what happened. The more detailed your documentation, the stronger your case will be.
Consult an attorney to explore your legal options. An experienced attorney can help you understand your rights and what compensation you may be entitled to. They’ll also know how to handle insurance companies and rebut any defenses the dog owner might raise. Many attorneys offer free consultations, so it’s worth speaking to one even if you’re unsure about pursuing a lawsuit.
Victims may be entitled to compensation for medical expenses, lost wages, pain and suffering, and more. On the flip side, dog owners should also be aware of their responsibilities and potential liabilities under the law.
What Happens to the Dog After an Attack?
When a dog bite is reported, animal control will investigate the incident. Depending on the circumstances, the dog may be quarantined, especially if there’s concern about rabies or aggressive behavior.
If the dog is deemed dangerous or potentially dangerous under Washington law, the owner may face restrictions like mandatory muzzling, confinement, higher insurance coverage, or (in extreme cases) euthanasia.
The goal isn’t always punishment; it’s about public safety. Dog owners should cooperate fully with authorities and take steps to prevent future incidents.
Contact Our Dog Bite Attorneys Today
If you or a loved one has been bitten by a dog, and you're unsure about who is responsible, reach out to our experienced dog bite attorneys at Gierth-Eddy Law Offices PLLC. We serve clients throughout Washington, including Kennewick, Yakima, Richland, and Pasco. Contact us today to schedule a consultation.