Dog Bite Injuries in Washington State

Dogs may be beloved pets, but when a dog attacks or bites someone, the results can be physically and emotionally traumatic. Washington State has specific laws that make dog owners strictly liable for bites in many circumstances. Victims of dog bites often face puncture wounds, lacerations, infections, and scarring, not to mention psychological trauma such as fear of dogs or PTSD. In this section, we’ll cover Washington’s dog bite law, steps to take after an attack, and how Church, Page, & Gailan can assist dog bite victims in Eastern Washington.

Washington State has specific laws that make dog owners strictly liable for bites in many circumstances.

Washington’s Dog Bite Law: Strict Liability of Owners

Washington has a strict liability statute for dog bites. RCW 16.08.040 provides that the owner of a dog is liable for damages if their dog bites a person who is in a public place or lawfully on private property, “regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.” . This means that unlike the old “one bite rule” (where an owner might escape liability the first time if they had no reason to know the dog was dangerous), in Washington the first bite can still result in owner liability without the victim having to prove the owner was negligent or knew the dog might bite . In simpler terms, if a dog bites you and you had a right to be where you were, the dog’s owner is on the hook for your injuries.

Key points of RCW 16.08.040:

• It applies to bites specifically (not necessarily other injuries like a dog knocking someone over, though other liability theories like negligence could cover those).

• The person bitten must be lawfully on the premises. This includes invited guests, people performing duties (like mail carriers), or anyone not trespassing. It also includes if you’re on the owner’s property by implied permission (like approaching a front door to deliver mail).

• If the person was a trespasser or provoked the dog, the statute doesn’t apply. Trespassers often have no claim (though if the owner was grossly negligent or set a “guard dog trap,” there could be other issues). Provocation is a defense; if the dog was tormented or provoked by the victim, the owner might escape liability. Provocation could be unintentional too (for example, stepping on a dog’s tail might be seen as provocation).

• Police or military dogs are exempt when biting in the line of duty (RCW 16.08.040(2)) .

Because of this strict liability law, most dog bite cases don’t require proving the owner did anything wrong beyond owning the dog that bit you. It’s a powerful law for victims. We often just need to show:

1. Who the owner is (sometimes an issue if the dog was loose – but usually findable via animal control records or neighborhood knowledge).

2. That you were in a public place or lawfully on private property.

3. That a bite occurred (medical records usually suffice for that).

One should note that Washington’s law covers injuries to people, not other animals. If a dog injures your pet, different rules apply (often treated as property damage).

Beyond the statute, you can also claim common law negligence in some cases. For example, if a dog knocked you down (without necessarily biting) or the owner violated a leash law which led to the incident, you can pursue a claim based on negligence per se (violating an animal control ordinance) or general negligence. But for actual bites, the statute is typically the easiest route.

Another aspect: Multiple dogs / multiple owners. If someone is caring for another’s dog (like dog-sitting) and the bite happens, are they liable? The statute says “owner” which usually means the legal owner. However, a keeper might be liable under negligence if they were careless in controlling the dog.

Steps to Take After a Dog Bite

Victims of dog bites can claim a range of damages

If you or someone you love is bitten by a dog:

• Seek Medical Care Immediately: Dog bites can cause deep puncture wounds, torn flesh, and carry a high risk of infection (including rabies in rare cases or more commonly, bacteria like Pasteurella). Clean the wound thoroughly and get medical treatment. You may need stitches or even surgery if the wound is severe (some bites require plastic surgery, especially on the face or if tendons are damaged). Early antibiotics are often given to prevent infection.

• Identify the Dog and Owner: If at all possible, identify which dog bit you and who the owner is. If the incident happened in a public space, ask bystanders if they know the dog. If the owner is present, get their name and contact info. If the dog is with a handler (like a dog walker), get that person’s info but also find out who the owner is. If the dog ran away, try to remember its appearance and any collar or tag information. This will be important for locating vaccination records (rabies shots) and for your claim.

• Report the Incident: In Washington, dog bites should be reported to the local animal control or health department. They may quarantine the dog or investigate to ensure it’s not a rabies risk, etc. The animal control report can also document the circumstances and any history of aggression. For example, if this dog has bitten before, animal control might declare it “potentially dangerous” or “dangerous” under RCW 16.08.070-.100 , which can support your case that the owner knew of risk. Even if it’s a first bite, having an official report is useful evidence.

• Document Your Injuries: Take photographs of your wounds as soon as you can (ideally before and after any treatment like stitches). Continue to photograph the healing process, especially if there is scarring. Also keep track of any other effects – for instance, if you develop an infection, note the symptoms; if you have psychological trauma (nightmares, fear), consider keeping a journal or notes to later convey the emotional impact.

• Gather Witnesses: If anyone saw the attack, get their information. A witness might describe that you were just walking by and the dog lunged unprovoked, which is powerful testimony. Or a neighbor might attest this same dog chased someone else last month – indicating a known issue.

• Avoid Provoking Discussions: Do not discuss fault or provoke arguments with the owner. Some owners become defensive or angry. It’s often best to limit conversation. Certainly don’t agree to any quick compensation or sign anything. Sometimes an owner might try to get you to say you did something to provoke the dog (like “You were teasing it, right?”). Just stick to facts: you were bitten, it hurt, you needed medical help.

• Preserve Evidence: If, say, the dog tore your clothing, keep those bloody, torn clothes – they are evidence of the force of the attack. If the attack happened on the owner’s property due to a broken fence or gate, photograph that (though careful of trespassing – you can take photos from public vantage or have authorities do it).

• Follow Medical Advice and Aftercare: This includes attending any follow-up appointments to check wounds, possibly getting rabies shots if the dog’s vaccination status is uncertain (Washington law requires dogs to be vaccinated for rabies, but if the dog’s owner can’t prove it, you might undergo prophylactic shots). Also, if you suspect any nerve damage or scarring issues, see specialists like a neurologist or plastic surgeon.

• Consult an Attorney: Dog bite cases, while aided by strict liability, can sometimes encounter issues like disputes over whether you provoked the dog or whether you were lawfully on the property. An attorney will handle communication with insurance (often homeowner’s or renter’s insurance covers dog bites) and ensure your rights are protected. The owner’s insurance might quickly offer to pay medical bills – but your pain, scarring, and trauma are also compensable. We ensure you seek full damages, not just out-of-pocket expenses.

Compensation for Dog Bite Victims

Victims of dog bites can claim a range of damages:

• Medical Expenses: This includes emergency care, stitches, surgery (such as wound debridement or reconstructive surgery), hospitalization if needed, infection treatment, medications (antibiotics, tetanus shots, rabies shots), psychological counseling if needed, and future medical treatment (for example, scar revision surgery later on).

• Lost Wages: If you miss work due to the injury or recovery (or psychological trauma), those lost earnings can be recovered. For children (who often are bite victims), there might not be wage loss, but a parent might miss work to care for the child – that could potentially be claimed in some cases.

• Pain and Suffering: Dog bites are very painful. The recovery (bandage changes, risk of infection) can be painful and stressful. Additionally, emotional distress is significant: many people develop a fear of dogs, anxiety, or nightmares after an attack. Especially children may suffer long-term fear. Compensation should account for this mental anguish and loss of sense of security.

• Scarring and Disfigurement: Dog bites frequently leave scars. Scars on the face, arms, or legs can be permanent and have a psychological impact (self-consciousness, etc.). Washington law allows recovery for disfigurement and the impact on your life (for example, a scar on a child’s face could subject them to teasing or require later cosmetic surgery).

• Loss of Enjoyment of Life: If the bite caused lasting damage (nerve damage, limited use of a hand, etc.) or even if it just changed your lifestyle (like you no longer feel comfortable jogging in your neighborhood), those are quality-of-life damages that we would include.

• Punitive Damages: Generally, Washington does not allow punitive damages in civil cases . However, if a dog owner’s conduct was egregious (like intentionally siccing a dog on someone), they could face criminal charges and it strengthens the civil case on liability and maybe enhances the perception of the harm. But monetarily, we focus on compensatory damages.

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Usually, the dog owner’s homeowners' or renters' insurance will cover a dog bite claim (unless the policy has a specific breed exclusion or the owner didn’t bother with insurance). We’ll negotiate with the insurance company for a settlement. Our demand typically includes all the above damages, backed by medical records and sometimes expert statements (e.g., a plastic surgeon’s report on likely scar revision costs, or a psychologist’s evaluation if emotional trauma is significant).

If an insurance adjuster tries to argue you provoked the dog, we counter with witness accounts or demonstrate that simply existing near a dog is not provocation. Washington courts have held things like petting a dog or moving near a dog in a non-threatening way are not provocation.

The strict liability means we don’t have to show the owner was negligent, but if the owner was negligent in addition (like violating leash laws), we might mention that to further solidify the case (though with strict liability, it’s often not necessary legally, it can help narrative).

Why Church, Page, & Gailan for Dog Bite Cases

Call us today -- 509-638-1414 -- let us handle the legal side while you focus on healing.

Our firm is highly suited to represent dog bite victims:

• Mastery of Dog Bite Law: We are very familiar with RCW 16.08.040 and related statutes. We know how to swiftly establish the elements of strict liability. We also know the nuances: for example, what constitutes being “lawfully” on premises. We will preempt any defense by showing exactly why you had a right to be where you were (be it a public park, sidewalk, or with invitation on private property). Our attorneys have successfully handled many dog bite cases and understand typical defense tactics (like claiming you provoked the dog or weren’t severely hurt).

• Experience with Serious Injuries: Some dog attacks are minor nips, but many we see are severe. Our experience with serious personal injury means we know how to document and prove extensive damages. If you require plastic surgery in the future for scars, we’ll work with medical experts to include the projected costs . If a child is bitten on the face, we might involve a child psychologist to articulate the trauma’s impact. We don’t treat a dog bite as a small case – we give it full attention to ensure you get every dollar you deserve for the full scope of injury.

• Investigative Approach: Identifying the dog and owner is crucial. Our local presence in Eastern Washington helps; we can make inquiries in the neighborhood, obtain animal control records (which might list the owner and any prior incidents), and even use private investigators if needed for elusive owners. In one case, for instance, if an owner tried to evade responsibility by claiming the dog was someone else’s, we have the tools (like licensing records or microchip info via a subpoena to a vet) to establish ownership.

• Negotiation and Insurance Knowledge: We know that many dog bite claims ultimately involve negotiating with insurance adjusters. Our attorneys are skilled negotiators who rely on evidence and a firm grasp of the law to push for maximum settlement. Because we have taken cases to trial, insurers know that we won’t hesitate to litigate if they lowball. We also understand homeowners insurance policies and can navigate issues like if the policy has a limit (most have at least $100k, often $300k or more for liability). If the injuries warrant more than the policy, we may pursue the owner’s personal assets or other avenues (though often policy limits suffice).

• Compassionate Client Care: We handle dog bite cases with sensitivity. We know they can be especially traumatic – many of our clients develop a fear to even go for a walk in their neighborhood. Children might have nightmares. We take the time to understand how the incident affected you or your child beyond the physical wounds. By truly understanding your pain and anxiety, we can better advocate for comprehensive damages. Moreover, we often help clients find support, such as recommending therapists experienced in trauma or support groups for dog bite victims, as part of our holistic approach.

• Local Eastern Washington Focus: We have represented clients in communities across Eastern Washington – from city parks in Spokane where off-leash dogs caused harm to rural areas where loose dogs attacked a passerby. We are familiar with local animal control procedures, city leash ordinances (for example, many cities require dogs to be leashed in public except designated off-leash areas), and even common breeds in the area. Our local insight can sometimes help, e.g., knowing if a certain area has had multiple incidents. And when we present your case, we can relate it to local community standards: Eastern Washington jurors, for instance, often respect responsible dog ownership and may be outraged by an owner’s failure to control a dangerous pet.

One success story: Church, Page, & Gailan once handled a case where a client was bitten by a neighbor’s dog that had a known history of snapping at people. We gathered witness statements from other neighbors who had been chased by the same dog (though not bitten) and used the strict liability statute to obtain a settlement that covered our client’s surgery and left a significant amount for pain and suffering and scar treatment.

The client was grateful not just for the compensation but for the sense of safety restored knowing the dog was declared dangerous and properly restrained going forward – in part due to our involvement and insistence with animal control.

We aim for outcomes that provide both compensation and sometimes conditions that make the community safer (like requiring the owner to fence the yard or euthanize the dog if it’s extremely dangerous, which authorities may do after our report).

Call to Action: Dog bites can be devastating, but you have powerful rights under Washington law. If you or your child has been bitten by a dog, call Church, Page, & Gailan at 1-509-638-1414 for a free consultation. 

Our compassionate and knowledgeable team will review your case, advise you on the next steps, and fight for the justice and compensation you deserve. We have helped many dog bite victims across Yakima, Kennewick, Wenatchee, and beyond, and we’re ready to help you. Visit www.churchpagegailan.com or call us today – let us handle the legal side while you focus on healing. With Church, Page, & Gailan on your side, you’ll have Eastern Washington’s best advocates working to hold the dog’s owner accountable and to secure the resources you need to recover.