What Do You Need to Prove in a Dog Bite Claim?

While dogs are often considered man’s best friend, they can sometimes cause devastating injuries. If you have been bitten by a dog, you might assume you must prove the canine has a history of aggression or that the owner knew it was dangerous. Although this is true in many states, Washington takes a different approach. Please continue reading to learn what Washington dog bite laws actually require you to prove and how our knowledgeable Dog Bite Lawyers can help you understand your options. 

Is Washington a “Strict Liability” State? 

Washington Statute RCW 16.08.040 dictates that an owner is held accountable for any bite-related harm their dog inflicts, regardless of the animal’s past behavior or whether the owner knew there was a risk. This is defined by strict liability, which varies significantly from the “one bite” rule followed in other jurisdictions, which requires evidence of the owner’s prior knowledge of the dog’s propensity for violence.

Within this state, legal responsibility for bite-related harm is triggered regardless of a clean record for the dog or the owner’s personal belief that the pet was harmless. Washington simplifies the path to recovery by removing the requirement to prove the owner’s state of mind, focusing on the harm suffered by the individual instead. 

What Do You Need to Prove?

Under Washington law, you need to establish the following elements for a successful dog bite claim: 

• Ownership or Control: You must demonstrate that the defendant was the legal owner of the dog or was otherwise responsible for the animal at the time of the incident. 
• Actual Bite Injury: The injury must have been caused by a bite to invoke Washington’s strict liability statute. Non-bite injuries, such as being knocked down or scratched, are usually evaluated under standard negligence rules rather than strict liability. 
• Lawful Presence: The victim must have been in a public space or legally permitted to be on private property (including the owner’s residence) when the bite occurred. 

What About Leash Laws?

In Washington, there is no statewide leash law. Instead, these regulations are established at the local city or county level. While proving a leash law violation is not a mandatory component of a strict liability claim, such evidence can support your case. 

If you’ve suffered a dog bite, the law is on your side. However, winning your case still comes down to having the right evidence and knowing how to navigate the legal process. Contact the team at Calbom & Schwab Law Group, PLLC, today for a consultation. Our attorneys are ready to safeguard your interests and help you fight for the compensation you need to get your life back on track.