Dog Bite Injury Attorneys

While dogs are referred to as “man’s best friend”, dogs can be unpredictable and unfriendly.

The Centers for Disease Control and Prevention (CDC) reports that approximately 4.5 million people are bitten by dogs annually with over half of these victims being children.

Dog bites accounted for over one third of all homeowner’s insurance liability claim payouts during 2013. The cumulative amount of these payouts amounted to $483 million according to a study conducted by the Insurance Information Institute (III) and State Farm®. The average cost of insurance claims from dog bites has increased by 45 percent during the last decade.

At the Washington Law Center, our experienced dog bite attorneys recognize that dog attacks can result in severe physical injuries and deep lasting emotional scars. We have represented many dog bite cases involving bites, mauling incidents, and falls caused by dogs.

The basis for imposing liability can depend on the type of injury, identity of the dog and the surrounding circumstances. Our state’s dog bite statute is Revised Code of Washington Statute 16.08.040.

This provision imposes strict liability on dog owners without regard to any history of viciousness of the dog or the owner’s knowledge.

Although this law eliminates the need to establish that the owner’s dog is dangerous (referred to as the “scienter” requirement), the scope of the statute is limited.

When a dog attack does not fall within the auspices of the Washington dog bite statute, our knowledgeable dog bite lawyers explore other potential theories of liability including:

Common Law (Scienter): When the person handling the dog is not the owner, the dog bite statute is inapplicable. The common law provides a basis for imposing liability based on the keeper of the dog if the individual should have reasonably known of the dog’s vicious propensity.

Although this rule is often referred to as the “one bite rule”, the victim of the attack does not need to prove that the dog has previously bitten someone. Evidence that the person taking care of the dog knew the dog engaged in lunging, growling or an attempted bite might be sufficient.

This theory of liability also can be based on a broader range of injuries, such as knocking over a bicyclist.

Negligence: If someone charged with the care or possession of a dog fails to exercise reasonable care to control the dog, negligence can provide a basis for imposing liability in a dog bite lawsuit.

For example, a neighbor who is house sitting might leave the gate to the yard open and allow the dog to bite someone walking on the sidewalk.

Leash Laws: Local municipalities or counties frequently enact ordinances that require dogs be kept on a leash when in public. Some city codes require that a dog be kept on a leash and imposes liability on a dog “owner, custodian or other competent, authorized person” for a dog attack.

The law is considered a public safety statute, so a violation justifies strict liability (liability without fault) based on the legal doctrine of negligence per se.

This can change depending on the details of the dog bite injury case.

• Insurance may cover damages resulting from dog bites which occur on the homeowner’s property.
• If the dog bite injury was sustained in a car, the owner’s automotive insurance may be held liable.
• If the dog owner has pet/animal insurance, they may also cover your injuries.

If you fear that you may not be eligible for legal claim against the dog owner because they don’t have coverage, our attorneys will determine whether the owner has a supplemental insurance policy that will cover the incident and grant you compensation for your losses.