Washington Dog Bite Laws

It's a safe bet that you didn't have "be a dog bite victim" on your daily to-do list, but that doesn't change the fact that you suffered a dog attack. It happens over 4.5 million times a year in the United States, according to the Centers for Disease Control (CDC), and injury payouts exceeded $1 billion in 2022.

Those statistics don't mean much to you in the aftermath of a dog attack when you're in pain and wondering who's liable for your dog bite injury. If you're the owner of the dog who bit someone, they're probably meaningless to you as well. Whichever side of the dog bite incident you find yourself, one of your concerns is how the dog bite laws in the state of Washington apply to your dog bite case.

As either a dog bite victim or the dog owner, it's important for you to understand Washington state dog bite laws. In this article, we'll show how to determine who is liable for medical expenses, what dog classifications signify, and what to do if a dog bite injury happens.

Washington Dog Bite Liability

Washington recognizes strict liability for dog bites. According to RCW 16.08.040, if your dog bites someone in a public place or someone invited onto your private property, you are liable for their medical bills. Some states have a one-bite rule that waives liability if your dog has no bite history or hasn't previously shown aggressive behavior, but there is no such provision in Washington. You don't need to be aware of your dog's potential viciousness to be liable.

While there is no explicit one-bite rule in Washington, others can be liable besides the owner. The dog owner's homeowners' insurance usually covers dog bite injuries. If you're unsure about your coverage, check your insurance policy or speak with your insurance company.

While strict liability applies to all dog bite wounds in Washington, it does not cover other dog attack-related injuries. For example, if a dog is chasing you and you break your ankle while leaping to safety, your medical expenses won't get covered under strict liability.

For non-bite injuries, you'll have to prove the owner was negligent in preventing the dog attack. This is easier to do if they knew the dog had dangerous propensities. If the dog has a vicious classification, the owner faces criminal charges, and you'll have a strong negligence per se case.

The laws can be confusing, so if you have any questions, consider meeting with a dog bite lawyer.

Washington Dog Classifications

Washington uses different classifications for dogs that threaten public safety. These are below, with the elements specific to each grouping.

Potentially Dangerous Dog

A dog is a potentially dangerous dog if they are guilty of any of the following acts:

• Inflicts bites on a domestic animal or a human on public or private property
• Approaches or chases a person on the sidewalks, streets, or any public grounds in a menacing fashion or apparent attitude of attack
• Displaying a known tendency, propensity, or disposition to attack unprovoked, to cause injury, or to cause injury or otherwise to threaten the safety of domestic animals or humans

Potentially dangerous is the least serious of the classifications.

Dangerous Dogs

Having a dog declared dangerous brings added responsibilities and restrictions for the dog's owner. The owner must keep the dog inside a secure enclosure unless muzzled and firmly leashed. A canine faces dangerous dog classification if it:

• Without provocation, kills a domestic animal while off the owner's property
• Without provocation, inflicts severe injury on a human being on public or private property
• Has been found to be potentially dangerous because of injury inflicted on a human and again aggressively bites, attacks, or endangers the safety of humans

A dog can avoid getting classified as a dangerous dog if any of the following defenses apply to the dog attack:

• The injured person was willfully trespassing on the dog owner's private property
• The injured person abused, assaulted, or tormented the dog or had a history of doing so
• The injured person was committing a crime on the dog owner's private property

A local animal control authority makes the classification, and it is subject to appeal. Police dogs can't be classified as dangerous dogs.

If a dangerous dog attacks or bites a person or a domestic animal, the dog's owner is guilty of a Class C felony. If the attack takes place on the owner's private property, the owner must prove that the dog bite victim was either trespassing or provoking the properly restrained dog.

Producing a preponderance of evidence is a heavy task for a non-lawyer. If you find yourself in this situation, speaking with a criminal defense attorney or a personal injury attorney with experience in dog bite defense might be a good idea.

When a Dog Attacks: What To Do Next

Dog attacks are brutal and traumatic for the dog bite victim. In the heat of the moment, it can be confusing to know what to do. Having an idea of your next steps can be helpful.

1. Get to safety: Get away from the attacking dog by any means possible.
2. Address your injury: If possible, tend to your wounds as best you can. If the bite broke your skin at all, delay the other steps and seek medical attention immediately.
3. Get contact information: Only do this if your injury is minor. Get personal and insurance information from the dog's owner. Get contact information from any witnesses.
4. If you haven't done so already, seek medical attention. Let a doctor decide how serious the wound is. Keep copies of all medical bills.
5. Report the dog bite injury to the animal control authorities in the county where it happened. The dog may face quarantine.
6. File a dog bite report with local authorities. You'll need the official documentation for any future actions.

If you own a dog that bit someone, alert your insurance company immediately. Your dog faces quarantine to be observed for any possibility of rabies.

Washington Dog Bite Laws: The Basics

Whether you are the attack victim or the dog's owner, trying to wade through the legalese in Washington State's dog bite laws is an added hassle you don't need. The summary provided below is in plain English to help you better understand the law.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Common Questions About Washington Dog Bite Laws

There's a lot to know about dog bites in Washington. Here are helpful answers to frequently asked questions that weren't covered above.

Does Washington have a statewide leash law?

There's no official state law about keeping dogs on leashes. Washington allows counties and municipalities to set codes about leash requirements. For example, in Seattle, it's illegal for dogs to be off a leash unless they're in a designated leash-free area, like a fenced-in dog park.

While there is no statewide law, you are responsible for what your dog does while at large.

Is breed-specific legislation allowed in Washington?

State law says that a dog can't be deemed dangerous just because of its breed and that all dogs get judged by their actions. Any dog is capable of biting and causing an injury. Despite opposition, municipalities can pass breed-specific restrictions. But dogs and their owners can ignore these restrictions if they pass a behavior test like the AKC Canine Good Citizen Test.

How do I know how severe a dog bite is?

The best answer is to let a medical professional decide how bad the wound is. The Dunbar Bite Scale gives you an idea of the severity and what that means for the dog that caused it. But if the bite broke your skin at all, see a doctor.

Research the Law

• Washington Code — FindLaw's hosted version of the Revised Code of Washington and Constitution.
• Washington Laws — FindLaw's summaries of select Washington laws, including criminal, injury, employment, family, and small business laws.

Washington Dog Bites: Related Resources

• Animal Attack and Dog Bite Claim Resources
• Does the Type of Animal Affect a Bite Injury Case?
• Animal Bites: FAQ

More Questions About Dog Bite Claims in Washington State? An Attorney Can Help

A dog bite injury is a misery for all involved. While the strict liability statutes in Washington will likely see your medical bills covered by the dog's owner, what about the wages you lost or your pain and suffering? A Washington animal bite injury attorney can explain your options and help you win your negligence suit.

If your beloved family pet is in trouble over an alleged dog attack, having an experienced dog bite defense attorney in your corner increases your chances of getting the best outcome possible.