Who Pays for My Injuries After A Dog Bite?

A sudden dog attack can leave you struggling, both physically and emotionally. As you grapple with injuries, medical bills, and potential long-term consequences, one pressing question may be on your mind: who is responsible for covering these unexpected costs?

Liability in dog bite cases establishes legal responsibility for the incident and its aftermath. In Washington, dog owners are strictly responsible for paying for any damages that occur if their pet bites someone. If you have been attacked by a dog, you have the right to file a lawsuit with or insurance claim and secure the compensation that you need to recover.

Understanding Dog Bite Liability Laws in Washington

Across the United States, dog bite liability laws fall into two categories: strict liability and the one-bite rule. In states that apply the one-bite rule, dog owners are only liable for their animals’ attacks if they knew or should have known that the animal was dangerous. Essentially, the owners receive one free bite before the victim can pursue financial compensation.

Washington, like many other states, follows a strict liability standard:

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.

This statute places a clear responsibility on dog owners for injuries caused by their pets. Unlike states with a one-bite rule, Washington doesn’t give owners a free pass for their dog’s first offense. Even if the dog has never shown aggression before, the owner is still liable for damages.

Types of Damages You Can Claim in a Dog Bite Case

By filing a dog bite lawsuit, you can claim both economic and non-economic damages to compensate for the severity of your injuries and the impact that the bite has had on your life. Depending on the facts of your case, these damages can include:

Medical expenses related to treating your injuries, such as emergency room visits, surgeries, medications, and follow-up appointments
Lost wages if you missed work due to your injuries or recovery, as well as a reduction in your earning potential
The physical pain and emotional distress caused by the dog bite and its aftermath, such as disfigurement, anxiety, and post-traumatic stress
Damage to any of your personal property, such as clothing, accessories, or electronic devices

Homeowners’ Insurance Claims Versus Dog Bite Lawsuits

Most homeowners’ insurance policies include liability coverage for dog bites, which can help cover medical expenses and other damages. Filing an insurance claim may be a quicker and less adversarial process compared to filing a lawsuit. To secure compensation, you will need to prove that you were bitten by the dog while you were in public or lawfully on private property.

However, if the insurance company denies your claim or offers an inadequate settlement, you may need to file a dog bite lawsuit to pursue the compensation you deserve. A lawsuit may also be necessary if the dog owner does not have insurance or if the damages exceed the insurance policy limits.

Litigation can take longer than an insurance claim, but with an an attorney’s support, you can navigate the process with confidence. A Kirkland dog bite attorney can help you gather evidence, build a strong case, and negotiate with the insurance company or the owner’s legal counsel to secure the compensation you deserve.

Common Defenses in Dog Bite Lawsuits

Some dog bite owners accept responsibility for their animals’ actions, but others can fight back against their financial liability. An owner may employ a range of common defenses that can complicate your case and reduce the amount of compensation that they owe. These may include:

Provocation: The dog owner may argue that you provoked the dog, causing it to attack. However, they will need to submit strong evidence of the actions in question, such as teasing or harming the dog.
Trespassing: Washington’s strict liability statute applies only if you were in public or lawfully on private property. If you were trespassing at the time of the attack, the owner may claim they are not liable for your injuries.
Comparative Negligence: In some cases, the dog owner may claim that you were partially at fault for the incident, which could reduce the amount of compensation you receive.

Steps to Take Immediately After a Dog Bite in Washington

After a dog bite in Washington, taking the right steps can help protect your health and strengthen your future legal claim. These include:

Getting to a Safe Place: Immediately after the attack, distance yourself from the dog to prevent further injuries.
Performing First Aid on the Wound: Clean the bite wound with warm water and mild soap, then apply a clean bandage to protect the area from infection.
Seeking Medical Attention: Even if the bite seems minor, have a medical professional assess and treat your injuries to prevent complications and ensure proper healing.
Reporting the Incident: Contact your local animal control agency or police department to report the dog bite. This creates an official record of the incident.
Gathering Information: Obtain the dog owner’s contact information, insurance details, and any witness statements. Take photos of your injuries and the scene of the incident, if possible.
Contacting a Dog Bite Lawyer: A dog bite attorney can help you understand your legal rights, gather evidence, and pursue the compensation you deserve for your injuries and losses.

Schedule a Free Consultation to Discuss Your Dog Bite Case

If you are struggling with medical bills, lost wages, or emotional trauma from a dog attack, you deserve experienced and knowledgeable legal support. At Colburn Law, we focus on dog bite cases in Washington and can help you pursue the compensation that you deserve.

Our Washington dog bite attorneys can help you investigate your case, identify liable parties, and work tirelessly to secure the resources you need for recovery. Contact us today at (206) 919-3215 to schedule a consultation and take the first step toward resolving your dog bite claim.