Does Washington Follow a One-Bite Rule?

When a dog bites, the consequences can be severe. Victims may suffer physical injuries, emotional trauma, and significant financial burdens. However, many states allow victims of dog bites to file lawsuits against the animals’ owners and recover compensation to help pay for these losses.

The grounds for filing a claim will depend on the rules of the state where the attack occurred. State laws on dog bite liability typically fall into one of two categories: strict liability and the one-bite rule.

If you or a loved one are bitten by a dog, an Auburn dog bite attorney can provide valuable assistance.

What Is the One-Bite Rule for Dog Bite Liability?

The one-bite rule is a legal doctrine that protects dog owners from liability for their pet’s first aggressive act. Under this rule, owners are generally not held responsible for injuries caused by their dog unless they knew or should have known about the animal’s dangerous behavior. Essentially, dogs get one free bite before their owners are liable for future attacks.

Washington Follows a Strict Liability Standard for Dog Bites

Unlike states that adhere to the one-bite rule, Washington operates under a strict liability standard for dog bites. According to this law, dog owners are held responsible for injuries caused by their pets, regardless of the animal’s previous behavior.

RCW 16.08.040. Dog bites—Liability.

(1) 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.

(2) This section does not apply to the lawful application of a police dog, as defined in RCW 4.24.410.

Under the strict liability standard, you do not need to prove the owner’s negligence or prior knowledge of the dog’s dangerous behavior. Instead, the fact that you were bitten is sufficient grounds to pursue a lawsuit.

Potential Owner Defenses to the Strict Liability Standard

While Washington’s strict liability standard provides strong protection for dog bite victims, dog owners do have some potential defenses. For example, the owner may claim that you provoked the dog to attack or were trespassing on private property and therefore they are not liable for your injuries. In certain circumstances, police or military dogs performing official duties are exempt from liability.

These defenses are limited, and the burden of proof typically falls on the dog owner to demonstrate that an exception applies. A Washington dog bite lawyer can help you counter these claims and maintain your strong position for financial compensation.

Protect Your Rights with a Washington Dog Bite Lawyer

After a dog bite in Washington, you deserve justice for the harm that you suffered. Filing a dog bite lawsuit can help you rebuild and recover from the attack, but these claims can be more complex than they initially appear.

An attorney will have a deep understanding of the state’s dog bite laws and the evidence that you will need to provide to secure compensation. They can help negotiate with insurers, assess your damages, and guide you through every stage of the legal process. To learn more about your options, contact a Washington dog bite lawyer today and discuss your case.