A Primer on Dog Bites in Washington
In Washington State, dog bite and dog attack cases are governed by strict liability provisions. Under these laws, when the dog owner’s breach of their responsibility leads to the injury or death of a victim, the victim may be able to pursue compensation for his or her damages. Washington State does not have a leash law that requires all dog owners to keep their dogs on a leash at all times. Rather, Washington law provides that any person who keeps a dog has a duty to exercise ordinary care to prevent his or her dog from injuring others.
In addition to the general duty of care to keep a dog from harming others , Washington State dog laws also provide limitations on what happens to a dog after an incident. Under these laws, when a dog bites a person or another animal, the victim is able to request that the dog be apprehended and confined. Additionally, if a dog is in a public place and kills or injures an animal, the owner of that animal may file charges against the owner of the attacking dog. If the dog is apprehended, the dog owner is able to apply to the court for an order to allow them to reclaim their animal, but only if they can provide proof that they are able to satisfactorily confine the dog.
Legal Ramifications for Dog Bites in Washington
Whenever a dog is known to have bitten someone, he may face a number of social and legal consequences. The first and most important consideration is whether the owner has property insurance or a homeowners policy to cover the costs of damages caused by the dog.
If the owner has property coverage through the insurance company, he will need to notify his carrier of the bite and the policy should pay for coverage with regard to some aspects of the injuries sustained by the victim, provided the dog’s behavior meets the criteria for fault under those circumstances. If not, or if the owner or property without the coverage, he may face liability here personally. Also, if the owner has assets (real property, investments, etc.) this may be vulnerable to attack by the victim and his attorneys seeking to recover for the injuries that occurred.
In addition to possible liability for damages to the victim, civilly the owner of the dog is responsible for damages sustained. This responsibility has two parts. If the dog has ever bitten anyone before, the owner is strictly liable for the injuries. There is no defense here and the injured person is entitled to recover the "full measure" of the value of the injuries, pain, suffering, injuries caused, and so forth. However, if the dog has not bitten anyone before, then the owner can defend the criminal component of the consequences.
The third area of consequences may occur in a situation in which the dog has previously bitten someone. If the animal is revealed to be dangerous and has continued the attacks after being issued an order to bite no more, then the authorities may take preliminary steps here to hold the dog and/or the owner liable because of the dog’s behavior. Whenever a dog bites someone in Washington State, the matter is first referred to the Department of Animal Services as a potential case of rabies. If the Department clears the dog inside that 10 day period, then the case can move to the next level. If the dog is reported as "potentially dangerous," this is a step below "vicious," but if it is in that category, the Department of Animal Services may order the owners to post statutes or bills making required payments, compliance with certain orders regarding handling and fencing, and so forth. Failure to comply can lead to further legal action and additional penalties against the owner.
When Does a Dog Get Euthanized Following a Bite?
When a dog is euthanized after a dog bite, it usually falls into one of two categories. First, the bite was very severe, causing significant injuries or resulting in a fatality. In those cases, animal control will usually quarantine the animal to assess the animal for rabies. If rabies is suspected, euthanasia may be necessary for public safety reasons. Second, if the animal has a prior history of aggression and the injuries caused by the bite are more minor, then animal control will often require the animal to be euthanized as a result of the prior history of aggression. In this latter scenario, it is important to know that prior bad acts by the animal, by themselves, are not sufficient proof of aggression needed to meet the legal definition of aggression as defined under Washington State law. Accordingly, a prior history of aggression must be considered together with other evidence of current aggression, such as the bite itself, in order to be used against the owner in the adjudication of the case. If an animal does not have prior bad acts, animal control will usually require the animal to be quarantined for a period of time to monitor the animal for rabies. This quarantine can vary from one week to up to several months, depending on the situation. If the animal is verified, there will not need to be any further action. If the animal is not verified, a quarantine period will be required to ensure public safety.
In so far as penalties are concerned for a bite from an animal, an animal has a defense to liability if an animal has been provoked.
Euthanizing a Dog in Washington: Legal Process
Hearing
If the dog that has been accused of a bite incident has been quarantined, then a hearing will be held by the local health officer no sooner than 10 days after the quarantine. While hearings are generally informal and nonadversarial, they are not always open to the general public. In rural areas, these hearings are generally held at the health department itself. In large metropolitan areas, hearings may be held in special courts dedicated to the hearings process. Hearings are often scheduled well in advance, and the dog owners are given notice in writing of the scheduled date.
At the hearing the owner or keeper of the dog is given the opportunity to present evidence as to whether or not the dog is a potential threat to public safety. Any bite victim and witnesses may also be allowed to present their evidence. Doctors or veterinarians may also provide opinions as to the possible risk to public safety. After hearing all of the evidence, the health officer should close the hearing and make a written determination as to the appropriate action.
The dog owner or keeper must follow any additional quarantine or confinement orders pending receipt of the decision following the hearing. Even if the owner or keeper disagrees with the order, they must follow the order until the time to appeal expires. Upon making a determination, the health officer must provide notice to the individual who was served with the initial order. This notice, sometimes called a "finding," is in writing and may be hand-delivered or sent by certified mail.
The dog’s owner or keeper may obtain an interpreter for use at the hearing, if necessary, and the health officer must also permit an interpreter to be provided at the hearing to translate for any other person attending or participating in the hearing if necessary .
In order to give business owners, depositors and financial institutions an opportunity to address the local health department in advance of any hearing, the local health department is required to make it known to the public that a hearing has been scheduled. Under limited circumstances these hearings may be postponed.
Evaluation
If the local health officer does determine that the dog involved in a bite incident is potentially dangerous or dangerous, the dog is classified as either potentially dangerous or dangerous. Therefore, if it is later determined that a dog must be euthanized, the dog can be killed by the local animal control authority, the police department, and a veterinarian licensed to practice in Washington State. However, the dog cannot be killed until several procedures have been followed.
The animal control authority must first physically take custody of the dog that is subject to the local health officer decision. The local health authority must then notify the dog’s owner or keeper that the dog is in the custody of the animal control authority. The notice must be provided in person or by mail, to the owner’s different mailing or residence address if known. At this time, the owner or keeper has three days to appeal the local health official’s decision to the superior court, but not weekends or federal holidays.
The animal control authority will hold the dog for the appeal period. If no appeal is made, the animal control authority may euthanize the dog after the end of the appeal period. However, if an appeal is filed, the animal control authority must continue to hold the dog (and the dog must not be euthanized) until a decision is reached by the superior court.
Proactive Measures and Owner Liability
A proactive approach to preventing dog bites and avoiding potential legal repercussions involves consistent training, secure confinement, and a thorough understanding of the animal’s behavior. In Washington, dog owners must take what steps they can to minimize the potential for their dog getting involved in a bite incident.
Positive reinforcement training is an effective method for teaching dogs basic obedience commands that can help avert potentially dangerous situations. Commands such as "sit," "stay," and "leave it" are common and can be taught during the crucial early months of a dog’s life. Formal obedience classes can provide further training opportunities and help establish good socialization skills with both people and other animals. Puppy Kindergarten classes are relatively inexpensive, and many are available through local humane societies.
In addition to basic commands, advanced behavioral training, such as aggression therapy programs, may be required in more serious circumstances. Such programs can help dog owners modify their animal’s undesirable behaviors and are typically undertaken under the supervision of a certified animal behaviorist or a licensed veterinarian certified in behavioral medicine.
Regardless of the degree of training, however, a dog owner must remain intelligent and aware of their pet’s behavioral patterns in everyday situations. Owners should be observant when in public in order to avoid circumstances that could lead to a bite incident. This is especially true around young children, small animals, or other aggressive dogs, as these situations can trigger fearful and aggressive reactions in an otherwise well-behaved dog.
In addition to training, an owner should also confine their dog in a safe and secure manner when not supervised. Fencing can provide necessary security; however, any system must fully enclose the animal and be high enough to prevent a heavy or determined dog from jumping or climbing over. If left unattended outdoors for long periods, a dog may dig or tunnel its way under a fence or jump over. In such situations, an inside dog run with overhead and unlatchable restraints may be safer.
In the home, a crate or kennel may be used when the owner is not able to supervise their dog. A crate should be comfortable and secure and should never be used as punishment. Dogs in these situations should be checked periodically for water and bathroom breaks.
If a dangerous or aggressive dog is not able to be adequately contained, an animal control agency may be able to assist the dog owner with properly screening and confining an animal in a safe manner.
By implementing these preventative measures when appropriate, a dog owner can provide their pet with long-term health and happiness while also helping to protect the safety of others.
Sources and Legal Options for Dog Bite Issues
Dogs can be loving, safe, and well-mannered companions. In Washington State, however, dog owners are responsible for the actions of their pets. Children and other vulnerable members of society are often particularly at risk, facing danger from aggressive dogs in private residences, on school grounds, or strolling through parks. Maybe you are the parent of a child who was bitten or someone who suffered a bite or attack while walking past an aggressive dog. When seeking help for a dog bite injury, here are some important resources:
• 509-494-7274
• 800-676-8388
Pierce County Animal Control (PC Animal Control) provides animal control services for Pierce County, including Pierce County cities that have contracted with PC Animal Control. Just ask us how. PC Animal Control works closely with law enforcement, public health departments, animal welfare organizations, and veterinary hospitals to provide education, resources, and affordable services so that we can all enjoy safe and happy relationships with our companion animals.
Department of Justice/Office of Violence Against Women
Phone: 202-307-6026
The mission of the Department of Justice Office of Violence Against Women (OVW) is to provide federal leadership in developing the Nation’s capacity to reduce violence against women and to secure justice for victims. A limited number of OVW grants are designated for programs addressing the civil needs of victims, including civil legal assistance for victims of sexual assault, domestic violence, dating violence and stalking; education , training and services to end violence against women with disabilities; legal assistance for victims of domestic violence with housing-related legal problems; tribal government special domestic violence criminal jurisdiction; and enhancing judicial expertise to aid survivors the prosecution of cases of sexual assault, domestic violence, dating violence and stalking against women. These programs include services that help victims in civil matters, such as divorce, child custody, protection orders, and other avenues of legal justice.
Washington State Bar Association
Phone: 800-945-9722
If you find yourself in need of legal assistance due to a dog bite or other harsh injustice, and cannot afford to hire an attorney – whether it be for financial reasons or because you can’t find a lawyer who will take your case – The Washington State Bar Association may be able to help. Call the help line to speak with an attorney about your situation. If the attorney says you need a new lawyer, they may then refer you to a number of resources – both free and low cost – that are available in Washington State.
For many dog bite victims, the prospect of needing legal assistance can be daunting. You want to focus on recovering and healing, not hiring a lawyer. We help our clients navigate the legal system and pursue compensation after dog bites. Our dog bite attorneys understand the impact of your injuries, how those injuries affect your daily life, and what you need to recover financially, physically, and emotionally. That’s why we’re here: To be your advocates and your support system.