Know the Law: RCW 16.08.040 — Washington’s Strict Liability Dog Bite Law
What Happens If a Dog Bites You in Washington?
After a dog bite, one of the first questions victims ask is: “Is the owner automatically responsible?” In Washington, the answer is almost always yes. Unlike states that use the “one bite rule,” Washington law holds owners strictly liable when their dog causes injury. This means you don’t have to prove the owner knew the dog was dangerous — the law is designed to protect victims, not excuse negligence.
The Law Itself: Full Text of RCW 4.22.005
Here’s the exact wording of Washington State’s dog bite statute:
RCW 16.08.040 – Liability for Dog Bites:
“(1) The owner of any dog which shall bite any person while such person is in or on a public place or lawfully in or on a private place including the property of the owner of such dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the owner’s knowledge of such viciousness.(2) This section does not apply to the lawful application of a police dog, as defined in RCW 4.24.410.”
Key Components Breakdown
To make sense of RCW 16.08.040, it helps to break the statute down into its core parts. Here are the main points you need to know:
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Strict Liability: The owner is responsible for the dog’s actions, even if the dog has never bitten before.
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Location Matters: The victim must be in a public place or lawfully on private property.
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Exceptions Exist: Owners may defend themselves if the victim was trespassing or provoked the dog.
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Covers More Than Bites: Courts have applied this law to other injuries caused by dog attacks, such as being knocked down.
Plain Language Explanation
Washington’s dog bite law is simple: if you are bitten by a dog while in a public place or lawfully on private property, the dog’s owner is financially responsible for your injuries. You don’t need to show that the owner acted carelessly or that the dog was known to be dangerous. The law ensures that the cost of an injury falls on the dog’s owner — not the victim.
A Simple Example:
Imagine you’re walking on a sidewalk when a dog lunges from a yard and bites your leg. Even if the owner insists the dog has never bitten anyone before, RCW 16.08.040 makes them responsible for your medical bills, lost wages, and pain and suffering.
By contrast, if you climbed into a fenced yard without permission and were bitten, the owner could argue you weren’t “lawfully” on the property — a recognized exception under the statute.
How the Law Protects Accident Victims
Washington’s strict liability statute is designed to put the burden on dog owners, not victims. Rather than forcing injured people to prove negligence or prior viciousness, the law creates a straightforward rule: if a dog causes harm while you are lawfully present, the owner is responsible. This approach increases fairness, strengthens accountability, and helps ensure that victims are not left carrying the costs of an attack.
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No Free Pass for First Bites: Victims don’t lose their rights simply because the dog has no history of aggression.
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Clear Accountability: Owners can’t avoid responsibility by claiming they didn’t know their dog was dangerous.
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Encourages Safety: The law motivates owners to train, supervise, and restrain their pets.
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Covers Delivery Workers & Guests: People lawfully entering property for work (like postal carriers) or by invitation are protected.
Legal Options and What You Can Recover
Dog bite injuries can leave lasting physical and emotional scars. Washington’s strict liability law ensures that victims can pursue compensation without having to prove negligence or prior knowledge of a dog’s aggression. Here’s what you may be able to recover:
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Medical Costs: This covers immediate treatment such as emergency room care, stitches, surgeries, rabies vaccinations, and follow-up appointments. It also includes long-term needs like scar revision, reconstructive surgery, or ongoing medical monitoring.
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Lost Wages and Reduced Earning Ability: If your injuries caused you to miss work, you can claim lost income. If you are unable to return to your prior job or your earning ability is reduced, compensation may extend to long-term vocational losses.
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Pain, Suffering, and Emotional Distress: Dog attacks often cause trauma beyond physical injury. Washington law allows recovery for anxiety, PTSD, depression, loss of confidence, and diminished quality of life following a bite.
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Rehabilitation and Recovery Expenses: This can include counseling for trauma, physical or occupational therapy, and assistive devices that help you heal and regain independence.
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Additional Damages: Courts may award compensation for property damage (such as torn clothing or broken glasses), permanent disability, or other consequences directly linked to the attack.
Your final recovery will depend on the severity of your injuries and the impact on your daily life. An attorney can help ensure that insurers don’t undervalue your claim or overlook future costs tied to your recovery.
Frequently Asked Questions (FAQ)
Dog bite cases raise a lot of practical concerns. Victims often wonder about how the law applies to everyday situations, what defenses owners can raise, and what steps to take after an attack. These FAQs address the most common questions we hear from clients in Western Washington.
Does it matter if the dog never bit anyone before?
No. Washington law removes that defense. The owner is still liable.
What if I was on the owner’s property?
You are protected if you were lawfully there — such as visiting, delivering a package, or performing job duties. Trespassers are not covered.
What if the dog didn’t bite me but caused me to fall and get injured?
Courts often apply the same law to other injuries caused by aggressive behavior (for example, being knocked down).
Can the owner argue I provoked the dog?
Yes. If you hit, taunted, or provoked the animal, compensation can be reduced or denied.
Does comparative fault apply?
Yes. If your own actions contributed to the incident (e.g., ignoring warning signs), your damages may be reduced under RCW 4.22.005.
Why should I hire a lawyer if liability seems automatic?
Insurance companies still try to minimize payouts, question the extent of injuries, or argue provocation. Legal representation ensures your rights are fully enforced.
What should I do immediately after a dog bite?
Seek medical attention right away, report the bite to local animal control or health authorities, and document the incident with photos and witness information.
Can I file a claim if the dog belongs to a friend or family member?
Yes. Claims are typically covered by homeowners or renters insurance, so compensation does not usually come directly from the dog owner’s pocket.
What if the dog was on a leash?
Even if the dog was leashed, the owner is still liable if the bite occurred while you were in a public place or lawfully on private property.
Can children bring claims under this law?
Yes. Children often suffer severe physical and emotional trauma from dog bites. Parents or guardians can pursue claims on their behalf.
How long do I have to file a claim?
Most dog bite claims fall under Washington’s three-year statute of limitations for personal injury. Acting sooner helps preserve evidence and witness testimony.
Can I recover damages for scarring or disfigurement?
Yes. Compensation can include plastic surgery, scar revision, and emotional distress tied to visible injuries.
Your Next Steps: Don’t Let a Dog Bite Go Unanswered
Dog bites can cause serious injuries, both physical and emotional. Washington law is on your side — holding owners accountable and ensuring you aren’t left with the costs. At The Law Offices of Michael Clark, we help dog bite victims across Tacoma and Western Washington pursue justice and fair compensation. Our consultations are free, confidential, and obligation-free.
- Understand Your Rights: Get a clear explanation of your legal options.
- Protect Your Recovery: Don’t let insurers downplay your injuries.
- Act Quickly: Early action strengthens your case and preserves evidence.
If you’re ready to talk or simply want to learn more, contact us today for your free and confidential case evaluation.