The CDC's Morbidity and Mortality Weekly Report found that dog bites killed an average of 43 people yearly between 2011 and 2021, a sobering figure that underscores why Washington State enacted strict liability protections for dog bite victims. Liability in dog bite cases is outlined in the Revised Code of Washington (RCW) 16.08.040. Herschensohn Law, PLLC has fought for injured victims in Kent, Seattle, and Chehalis since 2003, recently recovering a $57,000 settlement for a dog bite victim. To discuss your dog bite case with a Kent dog bite lawyer, call (206) 222-9553 now.
Summary of Dog Bite Cases in Washington State
Dog bite cases in Washington State are governed by what is known as “strict liability,” which removes the burden of proving owner negligence.
- Washington's strict liability law holds dog owners responsible for bites regardless of the animal's prior behavior or the owner's knowledge of any danger.
- The location of the dog bite and the victim's lawful presence on the property are questions that determine which legal theory applies.
- Homeowners' insurance, not the victim's own medical coverage, is typically the primary source of financial compensation in these cases.
As of 2026, Herschensohn Law, PLLC serves dog bite victims in Kent, Seattle, Chehalis, and surrounding Washington communities.
How Dog Bite Liability Works in Washington
Washington's dog bite statute, RCW 16.08.040, imposes strict liability on dog owners when a bite occurs in public or while the victim is lawfully on the owner’s land. “Strict liability” is a legal standard that holds someone responsible for harm they ultimately caused, regardless of intent or any lack of negligent conduct. The plaintiff does not need to prove the defendant was careless or knew of a danger. This means the dog owner is liable regardless of whether the dog had ever bitten anyone before, was on or off a leash, went to obedience school or not, or any other variable.
Additionally, in 16 states, there is a "one bite rule” that shields dog owners from liability the first time their dog bites someone. In other words, this common law doctrine applies when dog owners have prior knowledge of their dog's dangerous tendencies and allow a situation in which their dog can bite again. Washington does not adhere to this “one bite rule.” In the Evergreen State, strict liability in dog bite cases “activates” the moment a dog attacks (under qualifying circumstances, such as the victim was not egging the dog on).
Note that Washington’s statute covers dog bites only, not other types of dog-related injuries like being knocked down or scratched. Those injuries would be legally pursued under general negligence principles, which require showing the owner knew or should have known the dog posed a risk. In other words, strict liability does not apply unless an actual bite occurs.
Does It Matter Where the Bite Happened?
The location where the dog bite occurred has a significant impact in Washington dog bite cases. RCW 16.08.040 applies when the victim was in a public place or lawfully on private property at the time of the bite, such as trick-or-treating or delivering mail. A trespasser bitten on private property, however, falls outside the scope of this statute. Generally speaking, guests qualify as being lawfully present on the dog owner’s land.
Get Familiar with Washington's Strict Liability Law
Again, Washington's strict liability standard (RCW 16.08.040) is favorable to dog bite victims compared to the laws of many other states. The dog owner cannot escape liability simply by claiming ignorance of the dog's aggressive temperament or claiming the dog has not been known to be aggressive in the past.
For dog owners, trespassing and the victim provoking the dog are the primary defenses available. The burden of proving provocation falls on the dog owner. Courts examine whether a reasonable person would consider the victim's actions to have provoked the bite. Furthermore, contributory fault principles governed by RCW 4.22.005 can reduce the amount of financial compensation a victim can recover if a court finds that he or she was partially at fault. For example, a victim who reached over a fence to pet a dog despite posted warning signs could expect their settlement to be reduced. This reduction applies proportionally based on the percentage of fault assigned to each party.
Litigating a Washington Dog Bite Lawsuit
Most dog bite cases in the Kent and Seattle areas are resolved through insurance negotiations before reaching trial in King County Superior Court. However, when insurers dispute liability, undervalue injuries, or deny coverage, suing the dog owner becomes necessary. A lawsuit begins with filing a complaint that identifies the dog owner, the circumstances of the bite, and the damages sustained. Under RCW 4.16.080, the legal time limit for filing a personal injury lawsuit in Washington is three years. Missing that deadline forfeits the right to sue the dog owner unless you meet one of a few narrow exceptions, such as being a minor at the time of the dog attack.
During the lawsuit, medical records will be relied on to document the extent of the bite injuries. Interviewing witnesses under oath (deposition) helps establish both liability and how much money can be demanded from the owner. Dog bite victims can pursue financial compensation for emergency care, follow-up medical treatment, scarring, lost wages, and mental injuries such as pain and suffering. The severity and permanence of scarring or disfigurement carries substantial weight in determining non-economic damages, such as pain and suffering.
Medical Insurance or Homeowners' Insurance: Who Pays?
In Washington in 2026, homeowners' insurance policies of dog owners are the most common source of financial compensation in dog bite cases. Most standard homeowners' policies include personal liability coverage that extends to dog bites occurring on and off the insured person’s land. Renters' insurance policies can also provide this coverage for dog attacks. When a dog bite occurs and the owner carries either homeowners or renters insurance, that will be the first source to demand financial compensation for the subsequent injury.
A victim's own health insurance can cover immediate medical expenses. However, health insurers often put a special type of lien against any lawsuit settlement the victim may recover to reimburse their expenses. Unfortunately, if a dog owner carries no insurance and has limited assets, collecting on a lawsuit judgment is difficult. A smart Kent dog bite lawyer will identify all available insurance coverage early in a case.
Call an Experienced Kent Dog Bite Lawyer Today
Attorney Zach Herschensohn of Herschensohn Law, PLLC has recovered $57,000 for a client whose dog bite required an emergency room visit. Additionally, Zach, practicing since 2005, is also a member of Public Justice and the Washington State Trial Lawyers Association. To speak with a dedicated and compassionate Kent dog bite attorney, call (206) 222-9553 now.
Important Frequently Asked Questions About Washington Dog Bite Cases
Learn more about dog bite law and liability allocation in Washington State with these FAQs.
Can a Victim Still Recover Damages If the Dog Had Never Bitten Anyone Before?
Yes, Washington's strict liability statute under RCW 16.08.040 makes prior bite history irrelevant. A dog owner is liable upon the first bite if the victim, regardless of the dog having been aggressive before or not.
What If the Dog Owner Claims the Victim Provoked the Dog?
Provocation is a recognized defense under Washington law, but the burden falls on the dog owner to prove it. Courts evaluate whether a reasonable person would consider the victim's conduct to have provoked an attack.
How Long Does a Dog Bite Victim Have to File a Lawsuit in Washington State?
The legal filing deadline, or “statute of limitations,” for personal injury lawsuits in Washington is three years according to RCW 4.16.080. Active military duty can affect this timeline. Ask your Kent dog bite attorney for details.
Can a Victim Recover Financial Compensation for Scarring?
Scarring is considered a legitimate dog bite injury damage in Washington. While scarring does not generally rack up medical bills or require doctor’s visits, it falls under non-economic losses like pain and suffering.
What Happens If the Dog Owner Has No Insurance?
Without insurance, recovery becomes more difficult but is not automatically impossible. A knowledgeable Kent dog bite injury lawyer can investigate whether other liable parties with insurance exist, such as a property management company.
