Strict for Bites, Negligence for the Rest in Washington

By the FigureMyTax Editorial Team · How we calculate

Washington has a statutory strict liability rule, and it covers bites.

The statute

RCW 16.08.040 provides that the owner of any dog that bites any person while the person is in or on a public place, or lawfully in or on a private place including the owner's property, is liable for such damages as the person bitten may suffer, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness. It does not apply to the lawful application of a police dog.

No one-bite rule for bites

A summary says the statute abrogated the common-law one-bite rule for owners, and that the old rule matters mainly to extend liability to keepers and harborers.

Bites only

Summaries explain that strict liability covers actual bites only; knockdowns, scratches and chases require proving negligence.

Lawful presence

You are lawfully on private property when there with the owner's express or implied consent, which is not presumed when the property is fenced or reasonably posted.

Deadline

Dog bite claims are injury claims with three years to sue.

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.