Washington is a strict-liability state for dog bites. Under RCW 16.08.040, a dog owner is liable when their dog bites someone who is lawfully in a public place or lawfully on private property, regardless of whether the dog had ever bitten anyone before.
No 'One Free Bite' in Washington
Some states protect owners from liability for a dog's first bite unless the owner knew the dog was dangerous. Washington rejects that approach for bite injuries. Under RCW 16.08.040, the owner is liable for the bite even if the dog had never shown aggression.
This makes Washington dog bite claims more straightforward than in many states — the victim does not have to prove the owner's prior knowledge of viciousness.
Where and When the Law Applies
The strict-liability statute applies when the victim is in a public place or lawfully on private property, including the owner's property if they were invited or had a lawful reason to be there. Trespassers are generally not covered.
Provocation can be a defense — RCW 16.08.060 — so insurers often claim the victim provoked the dog. Documentation and witness accounts matter.
Damages and Children
Dog bite injuries can be severe, especially for children, who are most often bitten on the face and head. Recovery can include medical costs, scarring and disfigurement, reconstructive surgery, and the psychological trauma that frequently follows an attack.
If you or your child was bitten in Washington, a free case review can explain how strict liability applies to your situation.
Have questions about your own situation? Get a free, confidential case review. You pay no fee unless you win. Call 973-566-5599.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Washington attorney.