Dog Bite Defenses: Provocation and Lawful Presence

By the FigureMyTax Editorial Team · How we calculate

Washington lists one complete defense in the statute, and it is provocation.

Provocation

RCW 16.08.060 provides that proof of provocation of the attack by the injured person is a complete defense to an action for damages.

Lawful presence

The statute protects a person in a public place or lawfully on private property. Consent is not presumed when the property is fenced or reasonably posted.

Police dogs

The statute does not apply to the lawful application of a police dog.

Comparative fault

Summaries say your compensation can be reduced in proportion to your fault even under strict liability, for example by teasing the dog; provocation that caused the attack is a complete defense, while lesser fault only reduces damages.

Insurance

Dog bite claims are often paid under the owner's homeowner's or renter's insurance.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Washington's rules apply to your specific case with a licensed Washington attorney.