Call A Dog Bite Attorney Who Will Fight For You
Colin Scott helps victims get justice
Being attacked by a dog is a frightening experience and can leave people with serious injuries, as well as emotional trauma. But many dog owners deny responsibility, making it difficult to recover compensation. If you or a loved one has been bitten by a dog in Vancouver, WA, you need a personal injury attorney who can fight for your rights. The Scott Law Firm, PLLC serves clients throughout Clark County.
Millions of Americans suffer from dog bites every year. Children, senior citizens and postal carriers are especially vulnerable. Victims of attacks often require medical attention, and they may suffer scarring, nerve damage and PTSD. Symptoms can last a lifetime. Many victims require therapy. Attorney Colin Scott helps dog bite victims recover the compensation they deserve.
"Colin and his team are very professional, communicate well, and make sure they fight to get the best result for your situation. I’m very grateful for their efforts and dedication.” – Gracie F., ⭐⭐⭐⭐⭐
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FAQs About Dog Bite Cases In Washington
- What are the dog bite laws in the State of Washington?
- What damages can I recover from a dog bite claim?
- Are there defenses in dog bite cases?
- Who is the dog's legal owner?
- Can I sue if a dog injured my pet?
- Do leash laws affect liability in dog bite cases?
- Can a landlord be held responsible for a tenant's dog?
- What if I was bitten by a police dog?
- Is there a time limit to file a claim for a dog bite injury?
- What should I do if my child is bitten by a dog?
- In the event of an attack, how do I obtain compensation for my injuries?
- What happens if the dog owner doesn’t have insurance?
- What medical records are needed for a dog bite claim?
- How do I report a dangerous dog in Clark County, Washington?
- Does Washington have a "one-bite" rule for dog attacks?
- What if I was bitten by a stray dog?
- What are some important dog bite prevention tips?
Washington has some of the strictest laws in the nation when it comes to personal injury victims suffering from dog bites. If you or a loved one has suffered a dog bite injury, contact our Vancouver, WA office to schedule a free case evaluation. Dog bite attorney Colin Scott can go over your options and answer your questions. Call 360-718-3640 or contact us online.
What are the dog bite laws in Washington?
The basic law provides that dog owners are liable for dog bites, even if the dog has never bitten anyone (this concept is referred to as "strict liability"). It does not matter whether the attack occurred on public or private party, so long as the victim was there lawfully. See RCW 16.08.040. If a dog has a history of biting people, this liability is expanded. See RCW 16.08.100 (imposing criminal liability where owner was previously aware of dog's dangerous propensities). Dog owners may also be liable if they fail to properly control their dog. See RCW 16.080.090; see also Arnold v. Laird, 94 Wash.2d 867, 871, 621 P.2d 138 (1980) (dog owner liable if negligent in failing to prevent harm).
What damages can I recover from a dog bite claim?
In Washington, victims of dog bites can recover several types of damages, which are generally divided into two categories: (1) economic damages (also referred to as special damages) that include things like medical expenses and lost wages; and (2) non-economic damages (also referred to as general damages) for intangible losses such as pain and suffering. Common examples include:
- Medical expenses: Economic losses that include both past medical expenses that have already been incurred (emergency room visits, surgeries, medications, etc.) and future medical expenses (future medical care needs that are recommended by your doctors). Common examples of future medical care needs in dog bite cases include things like reconstructive surgeries, scar revisions, and fitment of prosthetic devices. Some people who are victims of dog bite attacks may also require months or years of counseling to overcome the trauma resulting from a dog attack, which can cause ongoing mental health issues like anxiety, depression and post-traumatic stress disorder (PTSD).
- Lost wages: Economic losses for income that is lost due to the attack. This includes both past lost income as well as loss of future earning capacity if, for example, the injuries sustained during the attack have negatively impacted your ability to earn money in the future. Future wage loss claims commonly arise when there is some kind of disability resulting from the attack, such as loss of function of fingers/hands/arms or other body parts injured during the attack.
- Pain and suffering: In addition to economic damages result from the attack, Washington law also allows dog bite victims to recover non-economic damages, which are sometimes referred to as “pain and suffering”. These intangible losses are defined under RCW 48.140.010(10) and include “subjective, nonmonetary losses, including, but not limited to pain, suffering, inconvenience, mental anguish, disability or disfigurement incurred by the injured party, emotional distress, loss of society and companionship, loss of consortium, injury to reputation and humiliation, and destruction of the parent-child relationship.” See WPI 30.01.03.
Document all expenses and keep records of your injuries (including photographs) to support your dog bite case. Attorney Colin Scott will work to identify every possible damage category in your case and take appropriate steps to ensure you receive the maximum compensation you deserve. For a detailed discussion of economic and non-economic damages that are available to dog bite victims in the State of Washington, see Washington Civil Jury Instruction WPI 30.01.01, et seq.
Are there defenses in dog bite cases?
Yes, there are two main defenses: (1) provocation; and (2) trespassing. Provocation is a complete defense and must be proved by the dog's owner. See RCW 16.08.060. Trespassing must also be proved by the dog's owner, but is not a complete defense in all cases. See Brewer v. Furtwangler, 171 Wash. 617, 18 P.2d 837 (1933); see also Johnston v. Ohls, 76 Wn.2d 398, 457 P.2d 194 (1969).
Who is the dog's legal owner?
The dog's owner is anyone (whether a person, firm, corporation, organization, or department) who possesses, harbors, keeps, has an interest in, or has custody or control of the dog. See RCW 16.08.070(7).
Can I sue if a dog injured my pet?
Yes, you can pursue a claim if another dog or pet attacks and injures your pet in Washington. The law currently treats pets as personal property, so you can recover the economic value of your pet and things like veterinary and burial expenses related to the attack.
If you were injured during a dog attack and your pet was also injured or killed, attorney Colin Scott can help assess and recover all the damages to which you are legally entitled, including the loss of your pet or injury to your pet and related expenses.
Do leash laws affect liability in dog bite cases?
Many cities and counties, such as Vancouver and Clark County, have local ordinances requiring dogs to remain on a leash in public spaces. For example, Vancouver Municipal Code 8.24.120 requires all dogs to be on a leash “in any public space or property.” However, this may not have any bearing on liability, since dog owners are held strictly liable for any injury caused by their pet, regardless of whether the dog was leashed (except in instances of provocation or trespass).
Can a landlord be held responsible for a tenant's dog?
The truth is that it depends on the facts and, therefore, the answer is “maybe.” Generally speaking, however, the answer is "no" unless the landlord possesses, harbors, keeps, has an interest in, or has custody or control of the dog. See RCW 16.08.070(7) for the definition of “owner” and related definitions under Washington’s dog bite statutes, which are generally covered under RCW 16.08.040 through 16.08.100. Attorney Colin Scott can assess whether the landlord’s actions or negligence created liability and pursue compensation if legal grounds exist under Washington law.
What if I was bitten by a police dog?
Police dogs are exempt under RCW 16.08.040(2). However, this exemption only applies if the police dog was used lawfully when the attack occurred. See, e.g., Finch v. Thurston County, 45792-0-11 (Wash. Court of Appeals, Div. II, 2015).
The Scott Law Firm in Vancouver can investigate the circumstances of the attack and hold the responsible party accountable if the police dog was used unlawfully.
Is there a time limit to file a claim for a dog bite injury?
Yes, the general statute of limitations in Washington is 3 years from the date of injury, but may vary depending on the facts in your situation (such as when a child is injured). Once the statute expires, you can no longer seek compensation for your injuries. Therefore, it is extremely important to speak with an experienced personal injury attorney who can properly identify the applicable statute of limitations in your case.
What should I do if my child is bitten by a dog?
Seek appropriate medical treatment and, in case of emergency, call 911. Then contact your local animal control authorities and tell them everything you remember about the attack including the dog owner's name, when and where the attack occurred, nature of injuries inflicted, physical description of the dog, where the dog was last seen, names of witnesses, and anything else you can think of that will help authorities identify the dog and its owner.
Attorney Colin Scott can assist with the investigation, build a compelling case for compensation, and advocate for your child’s rights through every step of the legal process.
In the event of an attack, how do I obtain compensation for my injuries?
Many homeowner's insurance policies include coverage for dog bites, regardless of where the attack occurred. Depending on your situation there may be additional sources of coverage available. However, insurance policy limits and exclusions can vary, and some insurers may attempt to exclude coverage for specific dog breeds or repeat incidents.
Beyond homeowners’ insurance, other sources of compensation might exist, such as renters' insurance, umbrella policies, personal liability coverage or business liability insurance. Attorney Colin Scott will thoroughly investigate all available coverage options, including overlooked or secondary policies, to maximize the compensation you are eligible to receive.
What happens if the dog owner doesn’t have insurance?
If the dog owner doesn’t have insurance, you may still have options to recover damages. Many homeowners' and renters' insurance policies cover dog bites, but not all dog owners carry this type of coverage. When insurance isn’t available, you can file a personal injury lawsuit against the dog’s owner directly. If the court rules in your favor, the owner will be responsible for paying your medical bills, lost wages, and other damages (financial losses) out of pocket.
Some owners may try to claim they can’t afford to pay. However, Washington law may allow you to collect damages through wage garnishments or other legal methods if you receive an enforceable judgment in your favor.
Colin Scott can explore all available legal avenues, including wage garnishment or other collection methods when appropriate, to recover damages from a dog owner who lacks insurance coverage.
What medical records are needed for a dog bite claim?
To build a strong dog bite claim, you’ll need thorough medical records documenting your injuries and medical care. Such records often include:
- Ambulance records if someone called 911 or EMT responded to the scene of the attack and you were transported to the hospital by ambulance.
- The emergency room or urgent care records: These may provide initial details about the bite, such as wound severity, complications, and treatment provided. If you needed stitches, surgery, or antibiotics, it is important that you receive proper medical care and any treatment or medical procedures you undergo are clearly documented.
- Follow-up records from your primary care physician or specialists: These track your recovery and any complications.
- Photos of your injuries: Take photos of your injury as soon as possible after the attack and throughout the healing process to strengthen your case.
- Psychological treatments: Keep records of any counseling or therapy records if the bite caused emotional trauma.
- Medical costs: Keep a list of all the medical care providers you saw related to the attack and their addresses so your attorney can obtain all of your medical records and bills.
- Doctor’s notes: If you miss work due to your injury, doctor’s notes recommending rest or work restrictions can be used to help support a claim for lost wages.
Colin Scott can ensure your claim is supported by detailed medical documentation, coordinating with healthcare providers to secure the records necessary to maximize your compensation.
How can I report a dangerous dog in Clark County, Washington?
In case of emergency, call 911. You may also contact your local animal control services, sheriff's office, or police department to report a dog at large that you suspect may be dangerous.
- Clark County Animal Control Services: 360-397-2488
- Clark County Sheriff's Office: 360-397-2211
- City of Washougal Police Department: 360-835-8701
- City of Battle Ground Police Department: 360-342-5100
- City of La Center Police Department: 360-263-2745
- City of Ridgefield Police Department: 360-887-3556
When reporting, provide as much detail as possible about the dog’s physical characteristics (size, gender, coloring, breed, etc.), behavior, the owner (if known), and the location of the incident to assist authorities in addressing the situation effectively and immediately.
Does Washington have a "one-bite" rule for dog attacks?
No, Washington doesn’t follow the “one-bite” rule that is used in some other jurisdictions. Instead, Washington imposes strict liability on dog owners whose dog injures someone else (provided the person isn’t trespassing and the dog wasn’t provoked). This means the owner is responsible for any injuries their dog causes, regardless of whether the animal had a previous history of aggression.
Under Washington law, you don’t need to prove the owner knew the dog could be dangerous to recover damages. As long as you were lawfully on public or private property when the bite occurred, and you didn’t provoke the attack, the owner is going to be held liable under Washington law.
Colin Scott can use Washington’s strict liability laws to hold dog owners accountable. This means you don’t need to prove the dog’s previous behavior to win your case. Leave the hard work to our legal team.
What if I was bitten by a stray dog?
If a stray dog bites you, recovering compensation can be more challenging unless you or someone else can somehow identify the stray dog’s owner. Even if you’re unable to identify the dog’s owner, you may still have coverage under your own health insurance to cover medical costs.
If the bite occurred in an area where local authorities were aware of the stray dog problem and failed to act, in certain cases it may potentially be possible to hold someone else accountable – but this is something you should discuss with an attorney. It’s also important to report the incident immediately to animal control and/or the proper authorities.
An experienced dog bite attorney in Vancouver can help you explore other potential sources of compensation and make sure you receive proper medical care and legal support after a stray dog attack.
What are some important dog bite prevention tips?
Dog bites can be prevented by following these safety and training tips:
- Pick a dog that is a good match for your home.
- Socialize and train your dog.
- Neuter or spay your dog, and make sure they are vaccinated against rabies and other diseases.
- Never leave a baby or small child alone with a dog.
- Never disturb a dog that is sleeping, eating or caring for a litter.
- Avoid aggressive breeds.