A 2023 study from Our World In Data reports that dogs are the fourth most dangerous animals in the world based on the number of humans they kill. Accordingly, Washington imposes strict liability on dog owners, meaning bite victims do not need to prove the owner knew the dog may be predisposed to biting. Herschensohn Law, PLLC has fought for Seattle dog bite victims since 2003, recovering damages like a $57,000 settlement for a dog bite victim sent to the ER. Seattle dog bite lawyer Zach Herschensohn is a member of Public Justice and the Washington State Bar. To get help with a dog bite injury, call (206) 222-9553 now.
Summary of Dog Bite Victim Rights in Washington State
Washington's strict liability dog bite law gives victims a clear legal path to financial compensation without the burden of proving prior dangerous behavior by the animal.
- Under Washington's strict liability statute, dog owners are responsible for bite injuries regardless of the animal's history.
- Victims can recover medical costs, lost wages, pain and suffering, and damages for permanent scarring or disfigurement.
- Washington's dog bite laws are among the strongest in the country for protecting injured victims, and understanding those rights is the first step toward recovery.
People injured in dog attacks across Seattle, Kent, Chehalis, and the surrounding areas of Washington state can seek representation through Herschensohn Law, PLLC.
Washington Dog Bite Laws to Know
Washington's dog bite statute, RCW 16.08.040, holds dog owners “strictly liable” for injuries their pets cause in public places or on private property where the victim had legal permission to be. Strict liability means an owner is legally responsible for injuries their dog causes, regardless of whether the animal was thought to be dangerous in the past. To clarify, the law does not require proof that the dog had bitten before. This is a significant departure from the old "one free bite" rule that historically protected unsuspecting dog owners.
Victims have three years from the date of the attack to file a personal injury lawsuit according to RCW 4.16.080, Washington's general personal injury statute of limitations. Additionally, W 4.22.005 mandates a pure comparative fault, meaning a victim's compensation can be reduced if a court finds they contributed to the dog biting them, such as by provoking the animal.
Understanding the Full Impact of a Dog Bite
According to the Insurance Information Institute, over 4.5 million people are attacked by dogs in the United States annually, and roughly 800,000 of those dog bites require treatment from a doctor. The CDC's National Vital Statistics System recorded 468 dog bite-related deaths between 2011 and 2021, with fatalities rising sharply in recent years.
On top of the puncture wound itself, dog bites carry a serious risk of infection from bacteria, including Pasteurella, Staphylococcus, and Capnocytophaga, not to mention Rabies. Deep puncture wounds can damage tendons, nerves, and bones, sometimes requiring reconstructive surgery and leaving permanent scarring. Facial bites are particularly devastating, especially for children, and can result in lifelong disfigurement.
Furthermore, many bite survivors develop post-traumatic stress disorder, anxiety disorders, and a lasting fear of dogs that affects their daily lives. These psychological injuries are just as legally valid as physical injuries under Washington law and should be documented by a mental health provider as early as possible.
Who Is Legally Responsible for a Dog Bite in Seattle?
In most Seattle dog bite cases, the dog's owner bears primary legal responsibility under RCW 16.08.040. However, liability can extend to others in certain circumstances. A property owner who knew a dangerous dog was present on their premises and failed to warn or protect visitors can share liability.
Similarly, a property manager who allowed a tenant to keep a known dangerous dog on the property can potentially be held responsible. A dog sitter or dog walker, other than the owner who had custody and control of the animal at the time of the bite, may also be responsible. Identifying all responsible parties matters because it affects the total financial compensation available to the victim.
Homeowners Insurance and Dog Bite Claims
Most Seattle dog bite insurance claims are resolved through the dog owner's homeowners or renters insurance policy. According to the Insurance Information Institute, dog attack injury claims make up more than 30% of homeowners’ liability claims paid out annually, with the average claim exceeding $64,000.
Insurance companies treat dog bite claims differently depending on the breed involved. High-risk dogs, such as Pit Bulls, Rottweilers, and Doberman Pinschers, often result in policy exclusions or significantly higher premiums for the owner. In some cases, the owner's insurer will deny coverage entirely based on the breed. When that happens, a lawsuit against the owner personally becomes the primary avenue for recovery.
The Legal Process After a Seattle Dog Bite
For public health purposes, report all dog bites to the Seattle Animal Shelter or King County Animal Control, as they create an official record of the incident. See a doctor right away at an urgent care clinic or ER to get treated and generate medical documentation that becomes critical evidence. Photographs of the wound, the location of the attack, and the dog should be taken as soon as possible as well.
The legal process typically begins with an insurance claim against the dog owner's homeowners or renters policy. If the insurer disputes liability, undervalues the injury, or denies coverage based on dangerous breed exclusions, a personal injury lawsuit filed in King County Superior Court becomes necessary.
A Seattle Dog Bite Lawyer Can Protect You and Others
Insurance adjusters are trained to ruthlessly minimize payouts. Common tactics include requesting unnecessary recorded statements that can later be used to dispute the severity of injuries, offering quick, low settlements before the full scope of treatment is known, and disputing the victim's account of events to introduce comparative fault. A Seattle dog bite attorney who regularly handles these cases knows how to counter each of those tactics.
Additionally, a dog that has bitten once will bite again, meaning there is also a broader public safety dimension to pursuing a dog bite lawsuit. Under RCW 16.08.100, a court can order a dog that has bitten two or more people to be put down. Holding an owner legally and financially accountable creates pressure to take better care of the animal with proper exercise, fencing, obedience school, or muzzling a disobedient dog before it potentially kills a child.
Call Herschensohn Law, PLLC After a Seattle Dog Bite
Attorney Zach Herschensohn has been practicing personal injury law in Washington since 2003 and has appeared in numerous published appellate decisions, such as Coulter vs. Asten Group, Inc and Lunsford vs. Saberhagen Holdings. With offices in Seattle, Kent, and Chehalis, the dog bite attorneys at Herschensohn Law, PLLC can help you fight back after a canine attack. Call (206) 222-9553 today to get started.
Common FAQs About Seattle Dog Bites, Personal Injury Law, and Insurance Implications
Read further for answers to common questions regarding dog bites and legal compensation for injuries.
Can a Victim Still Recover Financial Compensation If the Bite Happened at the Owner's Home?
Yes, RCW 16.08.040 applies on private property as long as the victim had lawful permission to be on-site. A social guest, mail carrier, or repair worker bitten on the owner's property can typically recover full compensation.
What If the Dog Owner Does Not Have Homeowners Insurance?
A victim can still file a personal injury lawsuit directly against the owner. If a judgment is won, it can be collected through wage garnishment or liens on property under Washington civil enforcement rules.
Does Washington Law Cover Dog Attack Injuries Beyond the Biting Itself?
Yes, Washington courts have extended strict liability to injuries caused by a dog's dangerous behavior beyond biting, such as knocking someone down, under certain circumstances.
Can a Child's Parent File a Dog Bite Lawsuit on the Child's Behalf?
Yes, a parent or legal guardian can and should file suit on behalf of a minor child. The filing time limit for a child's dog bite lawsuit does not begin running until the child turns 18 under RCW 4.16.190.
What Role Does King County Animal Control Play After a Bite?
King County Animal Control investigates reported bites, quarantines the animal to check for rabies, and maintains records that can serve as important evidence in a personal injury lawsuit.
