Who is liable if a dog bites me in Washington?

1. Liability Standard

Washington is a strict-liability state under RCW 16.08.040. The owner is liable for bites occurring in a public place or while the victim is lawfully on private property, regardless of viciousness or scienter.

2. Statutory Elements

Plaintiff must show: (a) defendant owned the dog; (b) the dog bit the plaintiff; and (c) plaintiff was in a public place or lawfully on private property (express or implied invitee).

3. Common-Law "One-Bite" Doctrine

Common-law negligence remains available for non-bite injuries and circumstances outside the statute.

4. Trespasser Defense

The statute protects only lawful entrants. Trespassers must rely on common-law theories.

5. Provocation Defense

RCW 16.08.060 expressly provides that provocation is a complete defense.

6. Comparative Fault

Washington applies pure comparative fault under RCW 4.22.005. Provocation that is not a complete defense reduces recovery proportionally.

7. Landlord Liability

A landlord is liable only with actual knowledge of the dog's vicious propensities and the ability to remove or evict (Frobig v. Gordon).

8. Homeowner's Insurance

Washington homeowner's policies typically cover dog bites; breed exclusions are common.

9. Damages

Medical bills, lost wages, scarring, disfigurement, future surgeries, and pain and suffering. Punitive damages are generally not available in Washington except by statute.

10. Criminal Liability

Under RCW 16.08.100, owners of dangerous dogs that cause severe injury or death face Class C felony charges.

This is legal information, not legal advice.