Author: Richard H. Adler

Dogs hold a special position of affection and importance in the hearts and minds of most members of the community, and have earned the well deserved reputation as "man's best friend". Over the years, however, particularly in the Puget Sound and other urbanized communities around Washington State, laws and policies have developed regarding the care and control of dogs in order to protect innocent bystanders and children. Children are the victims of the majority of dog bite wounds. On average about 14 people die every year from dog attacks, and about 10 of these fatalities are children. Larger dogs like Pit Bulls, Rottweilers, and German Shepards are most community associated with dog bites, but it is important to remember that any dog may bite and can inflict serious bite wounds.

The laws of Washington State have established dog owners shall be held responsible when their dog bites an innocent party. Specifically RCW 16.08.040 providers for a standard of "strict liability" on the dog owner as follows:

"Liability. 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."

The law is straight forward - when the owner's dog bites someone else when that person is lawfully in a public place or on the dog owner's land, the dog owner is liable for any injuries or damages related to that dog bite. The policy and intention of the "strict liability" is to hold dog owners to a higher standard of responsibility as a matter of law because of the potential for significant traumatic injuries when a dog bites a person.

The strict liability laws do not apply in all dog caused injury situations. For example, when there is evidence the dog was provoked leading to the person's injury, the owner is not strictly or automatically liable for those injuries. RCW 16.08.070 provides a complete and affirmative defense when provocation of a dog is involved:

"Provocation as a defense. Proof of provocation of the attack by the injured person shall be a complete defense to an action for damages."

Moreover, the strict liability statute addresses only dog bites and not other injuries which may occur when a dog is involved. An owner may be liability for his/her dog's actions if the dog causes injury by knocking somebody to the ground. In these circumstances, the traditional common law negligence in Washington State may apply if the finder of fact determines the dog owner was negligent by not keeping the dog under control or restraint. As stated by the Washington Supreme Court in Arnold vs Laird, 94 Washington 2nd 867 (1980):

"It (is) clear a negligence cause of action arises when there is ineffective control of an animal in a situation where it would reasonably be expected that injury could occur."

Here are some tips on preventing dog bites.

1. Don't pet a dog that is behind a fence, tied with a rope or chain, or in a parked car.
2. Don't try to intervene when two dogs are fighting.
3. Don't approach stray dogs.
4. Don't stare at a dog: dogs see this as a challenge.
5. Don't make sudden movements, especially towards a dog's face.
6. If a dog is with its owner, always ask if it's alright before petting the dog.

If you, your child or someone you know is attacked by a dog:

1. Try to block the dog from biting by allowing it to chew on your backpack, jacket, or anything else other than yourself.
2. If knocked down, curl into a ball and wrap your arms around your head and neck to protect
   them.
3. Seek medical attention from a doctor, don't treat the wound yourself. Even what appears to be a minor bite wound can have serious consequences: there could be severe tissue damage under the skin from the dog's teeth, or the wound could easily become infected.
4. Ask your child any information they can remember about the dog. Rabies is rarely transmitted by dogs as vaccination is common, but there is always a possibility of this fatal disease. If the dog is located, it's vaccine history can be checked.
5. Report the bite to animal control.
6. Consult a personal injury attorney who will assist you in understanding your rights, working with the insurance companies to get treatment paid for and compensation from the responsible dog owner.