In 2026, the Centers for Disease Control and Prevention reported that children experience the highest rate of dog bites nationwide. Accordingly, Washington law holds dog owners responsible for these injuries regardless of a dog's prior behavior. Herschensohn Law, PLLC has represented dog bite victims in Kent and throughout Western Washington, resolving one case for $57,000. Kent dog bite lawyer Zach Herschensohn has handled personal injuries in Washington for over 20 years. Families who want to discuss a child's dog bite injury should call Herschensohn Law, PLLC at (206) 222-9553 now.
Summary of Dog Bite Cases Involving Minors and Small Children
Washington's strict liability dog bite law creates a clear path to financial compensation for children and their families, though several factors can make these cases more complex.
- Washington's strict liability statute, Revised Code of Washington (RCW) 16.08.040, holds dog owners responsible regardless of the animal's bite history.
- Under RCW 4.16.190, the normal three-year legal time limit for filing a personal injury lawsuit is paused until the child turns 18.
- Insurance adjusters often evaluate child dog bite cases differently due to scarring and psychological impact.
Herschensohn Law, PLLC serves families throughout Kent, Seattle, and Chehalis who are pursuing financial compensation after a child sustains a dog bite injury.
What Is Strict Liability? How Does It Apply to Child Dog Bite Victims?
Strict liability means a dog owner is always responsible for injuries caused by their dog. This means the owner does not need to have knowledge that their dog may be dangerous to be held responsible. Likewise, it does not matter if the dog owner was behaving irresponsibly or not. The owner of a trained, leashed dog who has always had a calm disposition is just as responsible for injuries their dog causes as someone with an unleashed, dangerous breed. Furthermore, under RCW 16.08.040, Washington holds an owner liable when a dog bites a person in a public place, or someone lawfully present on private property (delivery driver, trick-or-treater, mail carrier).
In Beeler v. Hickman, 50 Wn. App. 746, 750 P.2d 1282 (1988), the Washington Court of Appeals addressed who can legally be considered a dog owner. The court held that a person who merely keeps or cares for a dog does not automatically qualify as an owner. This distinction matters for children, since a child is often attacked by someone else’s dog. Under RCW 16.08.040, a child visiting a friend’s house or playing in a public park is therefore covered if they are attacked by a dog.
How Long Does a Family Have to File a Lawsuit for a Child Victim?
Washington's general filing time limit, or “statute of limitations,” for a personal injury lawsuit is three years. When the injured victim is underage, this deadline is paused under RCW 4.16.190 until the child turns 18. This means the victim would have until their 21st birthday to sue the dog owner. As a result, families may opt to wait if the extent of the child’s injuries is unknown. On the other hand, if money is needed to cover the child’s medical bills immediately, it is also possible to demand compensation immediately. Again, waiting until a child turns 21 is allowed, but it is not always practical. Evidence fades, and witnesses move out of the area, pass away, and forget details. Old animal control reports or medical records can become harder to dig up over time.
Does a Child's Age Affect an Insurance Company's Settlement?
Insurance adjusters typically evaluate child dog bite cases differently than adult cases. A child's face and body continue to develop, so a scar that appears minor today can change over time. Insurance companies should account for future dental work, plastic surgery, or counseling. Pain and suffering damages can increase when a child develops a lasting fear of dogs, anxiety, depression, or post-traumatic stress. These symptoms do not always manifest immediately in child victims.
Furthermore, Washington law adds another layer of protection for child victims. Under RCW 4.08.050, a minor must appear in a lawsuit through a guardian, and Washington court rules require any settlement to receive court approval. This process helps ensure insurance companies do not take advantage of young victims. King County Superior Court reviews settlements like these before funds can be released.
Can a Child Be Blamed for Provoking the Dog?
Provocation is a recognized defense under RCW 16.08.060. This law requires proof that the injured person provoked the dog that attacked them. This defense often raises difficult questions when the injured victim is a young child who did not intend any harm and likely did not understand that dogs can and do kill children year-round.
Because young children lack the judgment of adults, Washington courts apply a special standard of care when evaluating a child's possibly negligent behavior. In Graving v. Dorn, 63 Wn.2d 236 (1963), the Washington Supreme Court established that children under six cannot be guilty of contributory negligence. The Court reaffirmed its ardent protection of minors in Bauman v. Crawford, 104 Wn.2d 241 (1985), which strictly limited when adult standards can apply to children. As Kent dog bite lawyers, Herschensohn Law, PLLC applies this same reasoning to counter potential provocation arguments against young children.
Medical Issues Over Time for Children Recovering from Severe Dog Bites
Serious dog bites for children often create medical needs extending well beyond emergency treatment. Because children’s faces are closer to the height of a dog’s head, bites for minors frequently occur on the face, head, or neck—this increases the risk of scarring. Plastic surgeons at Seattle Children's Hospital or Mary Bridge Children's Hospital may recommend multiple procedures as a child grows. Likewise, conditions like PTSD can endure for years or even a lifetime. Because children have developing immune systems and animal bites carry harmful bacteria, infection risk is another concern. Providers typically monitor for infection and often recommend tetanus boosters or rabies evaluation.
Need a Kent Dog Bite Lawyer for Your Child? Call Us!
Zach Herschensohn has been a litigator since 2003, representing families that have endured personal injuries throughout Kent, Seattle, and Chehalis. Furthermore, Herschensohn Law, PLLC is a member of the Washington State Trial Lawyers Association and the American Association for Justice. Again, because dog bites involving children require careful legal and medical attention, speaking with a Kent dog bite lawyer sooner rather than later can help ensure a brighter future. Call Herschensohn Law, PLLC now at (206) 222-9553 to schedule a free consultation.
Important FAQs about Dog Bites, Severe Injuries, and Legal Liability for Children Injured by a Dog
Learn more about Washington dog bite law with these helpful frequently asked questions.
Does Homeowners Insurance Typically Cover a Child's Dog Bite Injury?
Most homeowners and renters insurance policies in Washington include liability coverage for dog bites. Financial compensation is often handled through this coverage rather than coming out of a dog owner's pocket.
What Happens If the Dog Has Bitten Someone Before?
A history of previous attacks can lead to a dog being designated as dangerous under RCW 16.08.070, allowing local authorities to restrict the animal. This history can also strengthen a family's position in a lawsuit or insurance settlement talks.
Will a Child Need to Testify in Court?
Most dog bite lawsuits settle before trial, so a child victim rarely testifies. However, when testimony becomes necessary, Washington courts generally allow special accommodations for a young witness.
What Should a Parent Do Immediately After Their Child Is Bit By a Dog?
Take your child to the doctor right away. This creates a documented record of the injury and ensures an optimal recovery. Also, reporting the attack to Regional Animal Services of King County creates a paper trail and helps protect other families in the future.
Is the Dog Owner Still Liable if the Owner Is Related to the Victim?
Strict liability under RCW 16.08.040 applies regardless of the relationship between the injured child and the dog owner. Families are not barred from pursuing financial compensation simply because the owner is a family member, friend, or neighbor.
