Dog Bites and Owner Liability: What Are Your Rights as a Victim?
June 4, 2025
Dog bites can cause serious physical harm, emotional trauma, and unexpected financial burdens. In Washington, victims of dog bites are protected by specific laws that outline who is liable and what compensation may be available.
Whether the injury is minor or severe, understanding your rights as a victim is essential, especially when filing a personal injury claim.
Here, I'll explore Washington’s dog bite laws, the legal responsibilities of pet owners, and your options for pursuing compensation as a victim.
Washington’s Dog Bite Law
According to Washington State’s strict liability rule regarding dog bites, under RCW 16.08.040, a dog owner is liable for injuries caused by their dog biting another person, regardless of the animal’s prior behavior or the owner's knowledge of any aggression.
Some key elements of RCW 16.08.040 include:
The dog bite must occur in a public place or lawfully in a private place, including the dog owner's property.
The victim doesn't need to prove that the dog had a history of viciousness or that the owner was negligent.
The law applies even if the dog has never bitten anyone before.
In essence, if a dog bites you in Washington and you were legally present where the bite occurred, the dog’s owner is typically liable for the damages.
Exceptions to Strict Liability
Although Washington’s laws favor victims in most cases, there are exceptions where the dog owner might not be held liable:
Trespassing: If the victim was unlawfully on private property at the time of the bite (i.e., trespassing), the dog owner might not be liable.
Provocation: If the dog was provoked, such as being hit, teased, or otherwise antagonized, the owner may argue that the victim contributed to the incident.
Police or military dogs: Bites from police or military dogs engaged in official duties are generally exempt, provided the dogs were performing lawfully and with appropriate supervision.
These expectations may be harder to win a case for, and should be considered before following through with the necessary steps of filing a suit.
Personal Injury Claims for Dog Bite Victims
A dog bite injury typically falls under the category of a personal injury claim, which is designed to compensate victims for harm caused by another party’s actions—or in this case, their pet.
Some common damages in dog bite personal injury cases include:
Medical expenses: Including emergency treatment, surgeries, medication, follow-ups, and therapy
Lost wages: If the injury prevents you from working or reduces your earning capacity
Pain and suffering: Physical discomfort, mental anguish, and diminished quality of life
Disfigurement or scarring: Permanent changes to appearance may warrant additional compensation
Emotional distress: Especially relevant in cases involving children or attacks causing PTSD
Property damage: If personal items (like clothing or electronics) were damaged during the incident
The physical damage isn’t the only toll taken on a dog bite victim. A bite can do more harm than many realize.
Steps to Take After a Dog Bite in Washington
If you or someone you know has been bitten by a dog, it’s critical to take immediate and strategic steps to protect both your health and your personal injury claim:
Seek medical attention: Even seemingly minor bites can become infected. Prompt medical care assures proper treatment and also provides documentation for your injury.
Report the incident: Report the bite to your local animal control or health department. This creates an official record and may trigger an investigation into the dog’s behavior.
Identify the dog and the owner: Obtain contact information for the dog’s owner, as well as any witnesses to the incident. Note any distinguishing features of the dog if the owner is unknown.
Document everything: Take photos of your injuries, the location of the attack, and any torn clothing or damaged items. Keep a diary of your pain, medical appointments, and emotional effects.
Consult a personal injury attorney: An experienced personal injury lawyer can evaluate your case, explain your rights, and help you recover the full compensation you deserve.
Taking these steps promptly can significantly strengthen your case and assure your rights and well-being are fully protected after a dog bite in Washington.
Liability Beyond the Dog Owner
While the owner is typically the primary liable party, there may be others who share responsibility for the dog bite:
Landlords: If a landlord knew of a tenant’s dangerous dog and failed to act, they might be held liable in some cases.
Dog sitters or walkers: If someone other than the owner was responsible for the dog at the time of the bite, they might be held liable for negligence.
Property owners: If a business owner allowed a dangerous dog on the premises, they could share liability.
Each situation is unique, so a personal injury lawyer can help identify all potentially responsible parties.
Comparative Negligence in Washington
Although Washington has strict liability for dog bites, the concept of comparative negligence can still apply. If the victim is found to have partially caused the incident (e.g., provoking the dog), their compensation could be reduced in proportion to their fault.
For example, if a jury finds that you were 20% at fault, and the damages total $100,000, your compensation would be reduced to $80,000.
Dog Bites Involving Children
Children are often the victims of dog bites and tend to suffer more severe physical and emotional consequences. Washington law provides strong protection for child victims. Notably, children under the age of 6 are typically presumed not capable of provoking a dog, which strengthens their claim.
Parents or guardians can file a personal injury claim on behalf of a minor, and any settlement typically requires court approval to make sure the child’s best interests are served.
Insurance Coverage and Compensation
Most dog bite claims are paid out through the dog owner’s homeowner’s or renter’s insurance policy. These policies often include personal liability coverage, which can cover medical expenses, lost wages, and other damages resulting from a bite.
However, not all insurance policies cover dog bites, especially if:
The policy specifically excludes dog-related injuries.
The dog is a breed considered “high risk” (e.g., pit bulls, rottweilers), and the insurer has breed restrictions.
The owner failed to notify the insurer about having a dog.
If insurance is unavailable or the coverage is insufficient, a lawsuit against the dog owner may be necessary to recover damages.
Statute of Limitations for Dog Bite Lawsuits in Washington
Victims of dog bites in Washington must act within a specific time frame. The statute of limitations for filing a personal injury lawsuit is three years from the date of the bite.
Failing to file within this period typically means you lose your right to seek compensation in court. Exceptions may apply in cases involving minors or delayed discovery of injury, but it’s best to act quickly.
Criminal Charges vs. Civil Liability
A dog owner can face criminal charges if their animal is considered “dangerous” or if they violate leash laws or containment regulations. These charges are separate from a civil personal injury claim, which is focused solely on compensating the victim.
Even if the owner isn’t criminally charged, you can still pursue a civil case for damages.
Dangerous Dog Designations in Washington
Washington law defines a “dangerous dog” as one that has:
Inflicted severe injury on a person without provocation
Killed a domestic animal while off its owner’s property
Previously declared potentially dangerous and attacked again
Owners of dangerous dogs must comply with strict containment and insurance requirements. Violations can lead to hefty fines, removal of the dog, or criminal liability.
Emotional and Psychological Impact of Dog Bites
While physical injuries are often the focus, the emotional impact of a dog bite is just as serious. Victims may develop phobias, anxiety disorders, depression, or PTSD. These conditions can affect daily life, relationships, and mental health long after the physical wounds have healed.
Compensation in a personal injury case can and should include the cost of psychological treatment and emotional suffering.
Contact Us Today
If you've been bitten, reach out to The Law Office of Dan Fiorito. I serve clients throughout Western Washington, including the Puget Sound Area, Bellevue, Tacoma, and Everett. Contact me to schedule a consultation today.