Washington Does Not Give a Dog One Free Bite

Many states follow a “one bite rule” — the owner escapes liability the first time because they had no reason to know the animal was dangerous.

Washington is not one of those states.

Under RCW 16.08.040, a dog owner is liable for damages when their dog bites someone who is in a public place or lawfully in a private place — including on the owner’s own property — and liability applies “regardless of the former viciousness of such dog or the owner’s knowledge of such viciousness.”

That is strict liability. You do not have to prove the dog had bitten before. You do not have to prove the owner was careless. The statute’s only listed exception is the lawful use of a police dog under RCW 4.24.410.

What You Must Establish

The claim is straightforward compared to most injury cases:

  1. The defendant owned the dog.
  2. The dog bit you.
  3. You were in a public place, or lawfully present on private property.

“Lawfully in or on a private place” covers invited guests, delivery drivers, postal carriers, contractors, and anyone else with permission or legal right to be there. Trespassers generally fall outside the statute’s protection.

Injuries These Cases Involve

Dog bite claims are frequently undervalued by claimants because the initial wound looks manageable. The medical reality is often different:

  • Infection. Puncture wounds carry bacteria deep into tissue. Infection risk drives treatment cost well beyond the emergency visit.
  • Scarring and disfigurement. Facial injuries are common in bites to children and may require staged reconstructive surgery over years.
  • Nerve and tendon damage. Hand and forearm bites — typical defensive injuries — can cause lasting functional loss.
  • Psychological injury. Lasting fear of dogs, anxiety, and PTSD are genuine compensable harms, particularly in children.

Washington places no cap on noneconomic damages, and scarring and psychological injury are compensated as part of that category.

Where the Money Usually Comes From

Most dog bite claims are paid by the owner’s homeowners or renters insurance, not out of pocket. This is worth understanding early, because people are often reluctant to bring a claim against a neighbor, friend, or relative. In practice, the claim is typically against an insurance policy that exists for exactly this purpose.

Deadlines and Reporting

The three-year limit under RCW 4.16.080(2) applies. Claims involving a government-owned animal or a bite on government property may require a tort claim form and a 60-day wait under RCW 4.96.020.

Practical steps: seek medical attention promptly, photograph the injuries as they heal, report the bite to Tacoma-Pierce County Health Department animal control, and identify the owner and the animal’s vaccination status.

Related: Personal Injury · Tacoma office