Dog Bite Liability Laws in Washington

Every year, roughly four million people are victims of dog bites in the United States, and statistics show that approximately 800,000 of these victims will require medical attention. Small children may suffer even more severe injuries because they are on eye level with the animal.

Dog bites can be extremely dangerous in several ways. First, the saliva in a dog’s mouth can cause serious infections. Second, bites can lead to nerve damage or even permanent scarring.

If a dog bites or attacks you, you may have the legal right to significant financial compensation for your injuries. Washington has laws on the books that are friendlier to dog bite victims, making it easier for you to get money for your injuries. The fact that the dog bite happened is often enough for you to get compensation for your injuries.

Before you can receive a settlement check, you need to know the value of your case. Then, you may need to engage in a protracted negotiation with the insurance company that covers the dog’s owner. Hiring a dog bite injury lawyer gives you the best chance to present a strong case. Insurance companies often try to minimize their payouts, but an experienced lawyer can advocate for your rights and ensure you receive the compensation you deserve. They can also represent you in court and present your case before a judge and jury if necessary. You can schedule a free initial consultation by calling a dog bite injury lawyer to discuss your case.

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What to Understand About Strict Liability in Washington

There are several keys to this statute that you must understand when filing a dog bite claim. So long as you are out in public or not trespassing, you should have the legal right to compensation for your injuries. If you were on the property of another with permission, you are not a trespasser. For example, a dog may have bitten you on someone else’s property because you were making a delivery. Here, you are not a trespasser because someone has made an order, expecting you to deliver it. If you were a mail carrier, a person holds their property open to you to provide their mail. Thus, you can receive compensation when you suffer an injury on the property of another, even if they do not call you directly to invite you.

Strict liability only applies to injuries from actual dog bites. You may have suffered an injury in other ways when a dog attacked you but did not bite you. The dog may have charged you, and you fell to the ground before the dog could bite. Here, you have to prove negligence to receive compensation for your injuries. However, as demonstrated by a prior attack, you can bring strict liability into play when you show that the owner already knew that the dog had dangerous propensities. These circumstances include an attack on a human, a pet, or a history of aggressive behavior. If the dog’s owner did not know that their animal was dangerous, then the laws of negligence apply, and you have to show that the animal’s owner failed to use reasonable care to keep the attack from happening.

Nevertheless, you can prove that the dog’s owner was negligent per se if they violated local leash ordinances and let the animal run wild. Certain local jurisdictions have leash laws that require the owner to have the dog restrained when in certain public places with a leash that meets regulations. Further, a criminal state statute prohibits a dog’s owner from allowing an animal with vicious propensities to roam free, regardless of whether the local laws require the owner to leash the animal.

There May Be Some Defenses When the Situation Involves Strict Liability

Strict liability does not always mean you are guaranteed a settlement check for dog bite injuries. Instead, the burden of proof shifts to the dog’s owner to show why they should not be liable for your injuries. There may be defenses that they can argue to strict liability that include:

• The dog bite victim provoked the animal (although adults and children may have different standards when it comes to provocation – a child generally needs to do something extreme).
• You were trespassing at the time of the accident and were not lawfully on the owner’s property (for example, if a dog attacks someone who has illegally entered someone’s home, the owner is not liable).
• You assumed the risk of a dog bite.
• You may not have exercised the proper care to prevent the attack.

If the owner can prove their defense by a preponderance of the evidence, the burden of proof then shifts back to you to show why you deserve compensation. Then, you may need additional evidence to show why the dog’s owner should be liable for your injuries.

Who is Liable for a Dog Bite Injury?

In general, Washington law holds that the “owner” of the dog is strictly liable for the injuries the animal causes. The statute does not necessarily define the word owner, so there may be questions about who you can sue. Usually, unless there are extraordinary fact patterns, you cannot sue a landlord when you suffered an injury from a dog owned by another tenant.

A more complicated set of facts is at play when you suffer an injury from an animal when someone other than the owner is caring for it. Usually, to be liable for a dog bite injury, someone needs to be a “keeper” of the dog. However, you can also hold a walker, groomer, trainer, or veterinarian legally responsible for your dog bite injury (potentially in addition to the owner) if the attack happened when they had possession and control of the animal.

A dog bite lawyer can gather evidence to support your claim. They can help collect medical records, witness statements, and other evidence to strengthen your case. Additionally, an attorney can work with experts, such as animal behaviorists or medical professionals, to establish the severity of your injuries and their impact on your life.

How to Receive Full Compensation for Your Dog Bite Injuries

Proving that someone is liable for your injuries is only part of the story when a dog bites or attacks you. The real victory in your case comes when you receive a settlement or award that fully compensates you for your injuries. Given the strict liability laws in Washington, this process can involve far more of a battle than the initial phase when you have to prove legal responsibility.

You almost always have to fight to get the insurance company to compensate you for your injuries fully. The dog owner’s homeowner’s insurance policy should cover dog bites; thus, you will deal with the owner’s insurance company at every step of the legal process. Insurance companies know full well that they need to pay you something for your dog bite injuries, and their efforts may shift to lowering the amount they owe you.

Filing a Claim or Lawsuit for Dog Bite Injuries

You may receive compensation for a dog bite or attack injury in two ways. The first involves filing a claim directly with the homeowners’ insurance company, and it will evaluate your presented evidence. Since there is strict liability, you must prove that the dog bite occurred and that you had a right to be on the property during the attack. You need to present additional evidence if you suffered an injury in an attack (but the dog did not bite you) to prove that the dog had a propensity for viciousness and the owner was negligent.

You can also file a lawsuit against the dog’s owner in court, which the insurance company will have a duty to its policyholder to defend. You have the right to file a lawsuit at any time, although a dog bite injury lawyer may generally advise you to begin with the claims process to see if you can reach a settlement agreement.

How Much Is My Dog Bite Case Worth?

Insurance companies aggressively publish information about the average dog bite settlement in every state. You should disregard this information because it does not pertain to your case. You should not even use it as a frame of reference because your dog bite injuries are unique to you.

The last thing that you want is to be under-compensated for your injuries because someone told you it is an appropriate payment. Your case may be worth substantially more than “average,” and you have the right to get paid every dollar for which you deserve compensation.

Your dog bite compensation will generally consist of the following:

• Medical expenses (including the cost of any reconstructive plastic surgery that you may receive at the site of the wound)
• Lost earnings (if the dog bite victim was a child, parents might even receive lost earnings for the time that they needed to take off from work to care for their child)
• Pain and suffering
• Scarring and disfigurement (your compensation can be even more if you have scars in visible places)
• Emotional distress (if the dog bite victim was a child, the amount of emotional distress damages can be considerably higher)

How a Dog Bite Injury Attorney Can Help Your Case

You may be wondering why you need a dog bite injury lawyer if liability may be readily apparent in your case. Liability is only part of the equation when seeking dog bite injury compensation, and a settlement check is not worth much if it does not adequately pay you for your injuries. However, that is the exact situation you may find yourself in if you try to approach the insurance companies independently. They will likely not give you a fair shake, and you will lack the legal firepower to take them on without an experienced dog bite injury attorney.

Your lawyer will help determine the value of your case. Then, they will do everything they can to work for you to get that exact amount. If the insurance company is giving you the runaround, your dog bite injury attorney can file a lawsuit on your behalf, and a jury will decide how much you get in compensation. In the meantime, your dog bite injury attorney can negotiate a settlement, fighting to secure you every dollar you deserve.

Your dog bite injury attorney will not charge you a retainer, nor will they send you hourly bills during your case. They will work for you on a contingency fee, meaning they only receive money for their time and services if they successfully secure a settlement or monetary award from the jury. If your attorney does not win your case, you do not have to pay them.

If you have been in a dog bite incident in Washington, consulting with a lawyer with experience in dog bite cases is imperative. They can guide you through the legal process, gather evidence, and advocate for your rights. Remember, having a lawyer on your side can significantly increase your chances of receiving fair compensation and moving forward from the incident. Do not hesitate to reach out to a skilled personal injury attorney who can help you deal with this challenging situation.

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