What to Do If a Police Dog Bites You

The reality of police dog encounters is sobering. It's been reported that K-9 units are responsible for approximately 3,600 emergency room visits annually. Police dog bites often cause severe injuries due to bite-and-hold training, leaving victims with medical complications and uncertainty about their legal rights. Because K-9 units are a use of force, deployment must be justified, and excessive bites may entitle victims to compensation.

Our experienced Seattle dog bite attorneys are here to explain what steps you should take after a police dog attack, as this can make a crucial difference in protecting your interests and pursuing a potential claim.

What to Do After a Police Dog Bite in Washington State

Police dog bites in Washington create both medical and civil rights issues. A police K-9 deployment is treated as a use of force under the Fourth Amendment, which means victims may have claims under 42 U.S.C. §1983 if the force was objectively unreasonable.

Washington law also imposes strict liability for civilian dog bites under RCW 16.08.040, but that statute does not apply to police dogs performing law enforcement duties. The steps below help protect medical evidence and potential claims involving excessive force by police dogs.

Seek Justification for K-9 Deployment

In Washington, police may deploy K-9 units for suspect apprehension, narcotics detection, evidence searches, or officer protection. Because deployment is a force decision, it must meet constitutional standards of necessity and proportionality. Understanding why the handler authorized the bite is critical to §1983 police dog lawsuits.

Evaluate Limits on Police Dog Use

In Washington, police dog handlers and agencies generally have immunity from civil liability for dog bites that occur during the "lawful application" of a police dog in the line of duty, per RCW 4.24.410. This immunity applies if the handler acted in good faith, meaning the handler did not use excessive force or act negligently.

Factors that influence the determination of a “lawful application” of a police dog include:

• Severity of the suspected offense
• Immediate threat to officers or others
• Resistance or flight
• Issuance of verbal warnings
• Duration and intensity of the bite
• Availability of less intrusive alternatives
• Whether the person was already subdued or surrendering

Use of a police dog on a compliant or restrained individual, or prolonged biting after surrender, may support a Washington excessive force by police claim. Government defendants often assert qualified immunity, but it does not apply when clearly established law prohibits the conduct at issue.

Record Your Injuries

If you've been bitten by a police dog, taking immediate action to document your injuries is crucial:

1. Seek immediate medical attention, even if injuries seem minor
2. Take clear photographs of all wounds before treatment
3. Continue photographing injuries throughout the healing process
4. Keep detailed notes about pain levels and limitations
5. Save all medical records and bills.
6. Document any work missed due to injuries.
7. Keep a journal about how the injuries affect your daily life

Remember that police dog bites often cause deep tissue damage that isn’t immediately apparent, making thorough medical documentation essential for your case.

Collect Evidence

Securing official documentation is vital for any potential legal action:

• Request a complete copy of the police report
• Obtain incident reports from responding officers
• Collect witness statements and contact information
• Secure any available video footage
• Get copies of the K-9 unit deployment records
• Request the police dog's training and incident history
• Preserve any torn or bloodied clothing as evidence

Don't rely on law enforcement to maintain these records. Request and keep your own copies as soon as possible.

Hire Our Exceptional Dog Bite Attorneys

Don't hesitate to immediately contact a knowledgeable dog bite attorney after a police dog attack. These cases involve complex legal issues that span both civil rights law and dog-bite statutes. Our experienced attorneys can:

• Evaluate whether excessive force was used
• Determine all potential claims and liable parties
• Handle communications with law enforcement
• Preserve crucial evidence
• Calculate full damages
• Navigate governmental immunity issues
• Meet critical filing deadlines
• Negotiate with insurance companies

Washington State Dog Bite Statutes

Washington State law holds dog owners liable for any injuries caused by their dogs (RCW 16.08.040). However, this does not apply to law enforcement agencies unless a police K-9 injures an innocent bystander or, in the circumstances, constitutes excessive use of force.

All states have laws that protect police dogs. In Washington State, harming a police dog is defined as a Class C felony. However, if the police dog is used in a manner deemed “excessive force”, a lawsuit may be filed against the officers, the police department, and the municipality. These lawsuits can seek significant damages for your injuries and the violation of your constitutional rights.

Can I Press Charges for a Dog Bite?

If you've been injured by a police dog, you may have the right to sue the police department under 42 U.S.C. Section 1983. This federal law allows individuals to seek compensation for excessive force, which can include police dog attacks that violate your Fourth Amendment rights. While success is not guaranteed, significant financial awards are possible. You may be able to bring claims against the police department, the K-9 handler, the city or municipality, other involved officers, or the government entities responsible for K-9 training.

How Lehmbecker Law’s Dog Bite Attorneys Can Help You

At Lehmbecker Law, we understand the devastating impact of police dog bites and bring years of experience handling these complex cases. Our Seattle attorneys combine advanced knowledge of civil rights law and dog bite claims to build strong cases for our clients. We begin with a free consultation to understand your situation and outline potential strategies. We work with leading K-9 training experts, thoroughly investigate every aspect of the incident, and handle all communications with law enforcement and insurance companies.

Our legal team is capable of securing fair compensation for:

• Medical costs
• Loss of income
• Pain and suffering
• Wrongful death

You Are Not Alone. Call Today to Get the Protection You Deserve.

If you've been bitten by a police dog, you need comprehensive legal representation to protect your rights. These cases involve complex intersections of civil rights law, dog bite statutes, and governmental immunity. The injuries can be severe, the emotional trauma lasting, and the legal challenges significant.

Lehmbecker Law's Washington State dog bite attorneys understand what you're going through and know how to help. Contact us today for a free consultation to discuss your case and learn about your legal options. Let our experience with dog bite cases work for you while you focus on recovery.