Dog attacks are sudden, and yet they can have a lasting impact on victims. You may feel overwhelmed by pain, fear, and uncertainty, especially about who is responsible for the accident. You might be asking yourself, “Who is responsible for this? Who is going to make this right?” These feelings are real, valid, and deserving of clear answers.
In Washington state, determining responsibility for dog attacks can be complex. Understanding Washington's laws and the responsibilities of dog owners can help you take the necessary steps to seek justice and secure the support you need.
Responsibility Under Washington State Law
Washington state has clear laws intended to protect people from dog bites. The state follows a “strict liability” rule when it comes to dog attacks. This means that, in most cases, the owner of the dog is held responsible for attacks, regardless of whether the dog has a history of aggression.
What Does “Strict Liability” Mean?
Under Washington Revised Code RCW 16.08.040, a dog owner is legally responsible if their dog bites or attacks someone in:
- A public place, such as a park or sidewalk.
- A private place, provided the victim was lawfully on the property, including the dog owner’s home or yard.
Unlike some other states, Washington does not require victims to prove that the dog owner was negligent or that the dog had a history of dangerous behavior. Simply put, if a dog bites you, the owner is usually liable, even if the dog has never shown aggressive tendencies before.
Exceptions and Additional Considerations
While dog owners are often held responsible, there are certain circumstances where responsibility can become more nuanced. Here are some examples:
Trespassing
If the victim was trespassing on private property when the attack occurred, the dog owner may not be held liable. However, there are exceptions to this, especially if the property was not clearly marked or if the circumstances of the trespass are unclear.
Law Enforcement and Service Dogs
If you were bitten by a police dog or a service dog while it was carrying out its duties, liability may work differently. However, even in these cases, you could still be entitled to compensation if the attack was unwarranted or excessive.
Shared Responsibility
In rare cases, a third party could share responsibility for a dog attack. For example, if a landlord knew about a tenant’s dangerous dog and failed to take action to protect neighbors or visitors, they might be partially liable. Similarly, a dog walker or caretaker could share responsibility if they were negligent in handling the dog at the time of the attack.
The Dog Owner’s Duty
Dog owners have a legal and moral duty to take reasonable steps to prevent their pets from causing harm. This means ensuring their dogs are properly restrained, well-behaved in public, and secure within their property. If a dog owner fails to uphold this responsibility and someone is injured as a result, they can and should be held accountable.
Some ways dog owners can fulfill their duty include:
- Using a secure leash in public areas.
- Properly enclosing their yards to prevent dogs from escaping.
- Addressing aggressive behavior through training and professional assessments.
- Warning visitors if a dog may pose a potential threat.
When dog owners fail to fulfill these responsibilities and an attack occurs, victims have every right to hold them accountable.
Your Rights as a Victim
If you’ve been attacked by a dog, it’s important to understand that you have legal rights and options to pursue justice and compensation. Dog bites can have serious physical, emotional, and financial consequences. From medical bills to lost wages and the emotional trauma of the incident, the impact can be lasting.
By pursuing a claim, you may be able to recover damages for:
- Medical Expenses: This can include emergency treatment, follow-up care, surgeries, or physical therapy.
- Lost Wages: If your injuries prevent you from working, you may be entitled to compensation for lost income.
- Pain and Suffering: Emotional distress, scarring, or permanent disfigurement caused by the attack can also be factored into your claim.
An experienced attorney can help assess your case, explain your rights, and guide you through the process of seeking the compensation you deserve.
What to Do After a Dog Attack
The moments following a dog attack can be confusing and overwhelming. Here are some steps you can take to protect yourself and your rights:
- Get Medical Attention
Your health and safety should always come first. Even minor dog bites can lead to infections or other complications, so seek medical attention immediately.
- Identify the Dog and Its Owner
If possible, try to determine who owns the dog. Ask neighbors or witnesses for information, and take note of anything that helps identify the animal or its owner.
- Report the Incident
Contact your local animal control or law enforcement agency to report the attack. They can investigate the incident and check if the dog has prior history of aggression.
- Document Everything
Take photos of your injuries, the location of the attack, and any related evidence. Write down as many details as you can remember, including the time, date, and circumstances surrounding the incident.
- Consult an Attorney
Speaking with an experienced attorney is one of the most important steps you can take. A lawyer can help you understand your legal options, negotiate with insurance companies, and build a strong case on your behalf.
Washington State Dog Bite Attorneys Ready to Help
If you or someone you love has been the victim of a dog attack in Washington state, know that you don’t have to face this alone. At Becker Franklin Rovang, we understand the pain and uncertainty you’re experiencing, and we are here to provide the compassionate guidance and advocacy you need.
Our team has helped countless dog bite or dog attack victims recover the compensation they deserve. Whether your injuries are minor or severe, we’ll fight to hold the responsible parties accountable and help you rebuild your peace of mind.
Contact us today at (360) 800-3009 to schedule a free consultation. We’re ready to listen to your story, explain your rights, and help you take the first step toward justice.
