Seattle Lawyer Accident & Legal News Blog

Washington State's Dog Bite Statute l Seattle Injury & Dog Bite Attorney

Historically, a person could only recover damages against a dog owner if he could prove that the owner had prior knowledge of the dog’s viciousness or propensity to bite.  This law was called the “One Bite Rule” because it meant that every dog owner had one “free bite” before civil liability could be imposed (i.e., damages could be collected against the dog owner).  This turned out to be an unjust rule because there were no mandatory reporting requirements when a dog injured a person.  Consequently, a dog bite victim had difficulty proving that the dog had previously injured someone else.  If a dog owner denied having knowledge that his dog had previously injured another person, it was virtually impossible for the dog bite victim to prove otherwise and the claim would fail.

               Fortunately, the Washington State Legislature recognized the difficulties dog bite victims faced by having to prove the dog owner’s prior knowledge of the dog’s viciousness.  As a result, the legislature supplemented the “One Bite Rule” law by enacting a specific statute that addressed the proof problems associated with that rule.  Now, Washington State has its own “Dog Bite Statute,” which removed the requirement of proving that the dog owner had prior knowledge of the dog’s propensity to bite. That statute states as follows:

The owner of any dog which shall bite any person while such person is in or on a public place or lawfully in or on a private place including the property of the owner of such dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the owner's knowledge of such viciousness.  See RCW 16.08.040.

 As written, the law effectively holds dog owners strictly liable for any injuries or bites the dog inflicts on others.  This means the owner is liable for a dog bite injury even if the dog has never bit another human being and even if the dog has never previously acted in an aggressive manner.  However, there are certain facts that must be present before a dog owner can be held legally responsible under Washington’s dog bite statute.  These facts will be discussed in later posts.

           If anyone does have more questions about Washington's Dog Bite Law, please contact the lawyers at Davis Law Group 206-727-4000.

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