Can I Sue for a Dog Bite in Washington?

According to the American Veterinarian Association, there are more than 89 million dogs in the United States. Of these dogs, 4.5 million, or 6 percent, bite or attack people, leading to over 800,000 hospital visits annually. Sadly, many of these dog bite victims incur significant losses because of their injuries, and many wonder, "Can you sue someone for a dog bite?"

The answer is yes. You can seek compensation for a dog bite. But suing for a dog bite can be complicated and result in zero compensation without a professional dog bite attorney in Seattle representing you.

Dog Owners Face Strict Liability for Dog Bites in Washington

When a dog bites or attacks someone in Washington, dog owners and handlers are held liable under a theory of strict liability. Under this theory, dog bite victims don't need to prove that the owner did anything wrong when they sue for a dog bite. Certain other states, however, require the dog bite victim to demonstrate that the owner was negligent in some way, leading to the dog attack.

But according to the Revised Code of Washington (RCW 16.08.040), a dog's owner is liable for damages if their dog bites a person who is in a public place or lawfully on private property, regardless of the dog's previous behavior or the owner's knowledge of such behavior. Victims only need to show that the dog, in fact, caused an injury. Even minor dog bites count. However, many victims of minor dog bites are unaware that they, too, have the option of filing a minor dog bite lawsuit. Many feel that their trauma is too light to count.

However, the truth is that Washington's dog bite laws allow victims of minor dog bites to seek compensation even if the dog bite does not cause permanent damage or break the skin. The mental and emotional distress a victim experiences due to a dog bite can be crippling enough to cause significant losses, even when no blood is drawn.

Washington also doesn’t follow the "one-bite rule". So, even if the dog has never shown aggression before, the owner can still be held responsible for any injuries caused by their dog's bite.​

Exceptions to Dog Bite Liability

While Washington's strict liability statute favors dog bite victims, there are notable exceptions:

• Trespassing: If the victim was unlawfully on private property when the bite occurred, the dog's owner may not be held liable.​
• Provocation: If the victim provoked the dog, such as by teasing or harming it, the owner might not be responsible for the resulting injuries.​
• Police or military dogs: Bites inflicted by K-9 dogs performing official duties for law enforcement or the military are generally exempt from liability under this statute.​

Dog Bite Characteristics

Dog bites exhibit various characteristics depending on how they occur and their seriousness. The most severe can lead to serious health conditions and even death, while the least severe may still cause some level of emotional distress without drawing blood.

The six general levels of dog bite severity are:

• Level 1: Characterized by aggressive behavior, such as barking and growling at someone or jumping on them; the bite does not break the skin at this level.
• Level 2: The bite is more intense and likely leaves a mark but does not break the skin of dog bite victims.
• Level 3: The dog behaves aggressively, and its bite causes a slight puncture or breaks in the skin.
• Level 4: Level 4 bites include puncture wounds and bruising in multiple places.
• Level 5: Dog bites at this level are serious, deep, and typically involve broken bones, nerve damage, and internal injuries.
• Level 6: Level 6 attacks cause dog bite injuries that are fatal.

All six levels involve frightening violence that no person should have to experience.

Is There a Leash Law in Washington?

One of the most effective ways of keeping a dog from harming others is to keep the dog on a leash. However, outside of state parks, Washington State does not require dog owners and handlers to keep their dogs on a leash.

That said, various counties and municipalities have enacted local leash laws. For example, Seattle has a leash law requiring dogs to be on a leash unless in an off-leash dog park. Failure to follow these restrictions can lead to a fine.

What Do I Do If a Dog Has Bitten Me?

If you are ever bitten by a dog, there are certain steps you should take to properly address your injuries and preserve your claim for compensation. In no case should you ever panic, nor should you brush the dog bite incident off as a non-event.

1. Get Medical Care

If you have been attacked by a dog, you should seek medical attention as soon as possible. Doing so will help prevent your injuries from getting worse and will allow medical staff to quickly treat any potential diseases or infections that have been transmitted from the dog.

Additionally, getting prompt medical care is important for your compensation claim. You need evidence of the existence and cause of your injuries to prevail in a demand for fair and full compensation. Without an adequate medical record of your injuries prepared by a competent professional, the defense could cast doubt on the origin and severity of your injuries.

2. Identify the Dog and Dog Owner

If you do not know who they are, take the time to identify the dog and the owner before you or they leave the scene. You may need information about the dog to aid with medical treatment, and relevant laws may require the dog to be quarantined.

Identifying the dog owner is important because the owner of the dog will be the target of your claim for compensation. Additionally, if there was any malice involved on the part of the dog's owner, or if the injuries are serious enough, the police may want to get involved.

3. Identify Any Witnesses

Identify anyone who witnessed the dog bite incident. Their testimony will be helpful in building your case. Make sure to get the full contact information for every potential witness, including name, address, email, and phone number. It may also help to get a preliminary statement from witnesses while the memory of the dog attack is still fresh.

4. Collect Relevant Photos

Photos make for great evidence when suing for a dog bite. Collect as many photos of the scene as possible. Make sure to get shots of the aggressive dog, the dog's owner, and your injuries. Video footage can also be quite helpful in dog bite cases. In addition to taking footage with your phone, you might also find footage from cameras belonging to businesses and residences.

5. Report the Incident

After a dog attack, you will want to report the incident to the authorities, such as police and animal control. A report is an official record of the incident, which you will need for your injury lawsuit. Reporting the accident will also help keep the rest of the community safe by identifying and potentially removing a dangerous dog.

6. Contact a Personal Injury Attorney

If you want the best chance of securing compensation for your dog bite case, consult with our experienced dog bite lawyers. Without legal representation, you’ll have to deal with the insurance company alone. These adjusters work hard to pay you as little as possible or nothing at all. Dog bite victims without attorneys often receive significantly less than those with a knowledgeable and skilled Seattle personal injury attorney who can help them pursue legal action and win the most money possible for medical bills, lost income, and emotional distress.

What Legal Actions Can I Pursue After a Dog Bite in Washington?

If you have been bitten or attacked by a dog in Washington, you have two principal options for recovering compensation for your losses — filing an insurance claim against the dog owner's insurance company or filing a dog bite lawsuit directly against the owner.

• File a claim with the animal owner's insurance company: This means your attorney will be demanding compensation from the dog owner's homeowners or renters insurance policy. After fruitful negotiations, the insurance company should pay an agreed-upon settlement.
• File a lawsuit in civil court against the animal owner: If the dog's owner does not have insurance, you can file a lawsuit for dog attack against them.

Generally, it is less common to see someone with a dog bite sue the defendant instead of filing an insurance claim.

What Is a Dog Bite Lawsuit?

A dog bite lawsuit is a civil action that seeks compensation for losses caused by a dog bite or dog attack. In most dog bite cases, victims typically file claims against dog owners' insurance companies. Rarely will a victim pursue an actual lawsuit against the dog's owner or the insurance company handling the claim. However, if an insurance company refuses to pay, it may have to answer to a lawsuit. Or if the owner has no insurance, the owner may face a lawsuit.

What Compensation Can You Get from a Dog Bite Lawsuit?

Victims of dog bites in Washington may be entitled to various forms of compensation, including:

• Medical expenses: Costs for any medical bills or the care and treatment you require, be it emergency care, surgeries, medications, or ongoing treatments.​
• Lost wages: Income lost due to time off work during recovery.​ You can also claim compensation for lost future earning ability.
• Pain and suffering: Compensation for physical pain and emotional distress, disfigurement, and loss of ability to enjoy life. Damages may also be available for post-traumatic stress disorder (PTSD) due to the violent nature of many dog attacks.
• Property damage: Reimbursement for personal items damaged during the incident, such as clothing or glasses.

There are a lot of factors that affect the final dog bite settlement amount. The best course of action is to contact our dog bite injury lawyers to understand what’s at stake and develop a plan to get the compensation you deserve.

Should I Report a Dog Bite Incident?

Yes. If you or someone you care about is bitten by a dog, you should report it to the authorities. Doing so protects your community and helps down the line if you are suing someone for a dog bite.

In addition to the police, report any dog bite incidents to:

• Pierce County Animal Control: File online or over the phone at (253) 798-7387.
• King Animal Control: File online or call (206) 296-7387.
• Thurston County Animal Services: Call (360) 352-2510 or file online.
• Kitsap County: Call 911.
• Spokane County: Report to Spokane County Regional Animal Protection Service (SCRAPS) at (509) 477-2533 or you can fill the dog bite form to SRHD online.

For more animal control departments, contact your county.

In Washington, you have three years from the date of the dog bite to file a lawsuit seeking compensation. If a child was attacked, that child (or their parents or guardians) has until 3 years after their 18th birthday to file a lawsuit for damages. However, we do not advise waiting that long. The sooner you let our decades of experience work for you, the better.

Trust Our Dog Bite Lawyers to Fight for You

Our Washington dog bite attorneys have helped many dog bite victims access the resources they need to cover their losses, whether from the dog owner’s homeowner’s insurance policy or directly from the owner.

We can potentially help you recover maximum compensation for your injuries. Whether you've experienced a minor dog bite or a severe attack, feel free to contact us anytime for a free consultation and case review.