Warm weather and longer days mean more dog owners, sitters, and walkers enjoying life outdoors. Some dogs stay leashed while enjoying a walk or playtime, while others are allowed off-leash. Open areas such as school playfields, parks, and trails provide lots of opportunities for dogs and their humans to interact with one another, whether intentionally or otherwise. As the PNW remains an area with a high number of homes with dogs, it’s important to know what a dog owner’s legal responsibilities are should a dog attack occur. More knowledge can help us keep other people and our dogs safe.
Dog Owners Are Liable For Injuries Caused By Their Dog
If a dog causes harm to another person, that dog’s owners are liable for the injuries and harm done. A dog owner is responsible for the injuries to the other person (or dog) during a dog attack or bite, regardless of whether a dog has been aggressive before, or even whether the dog was on leash when it happened. While this article addresses civil liability, there can also be penalties imposed by Animal Control.
The law holds the dog owner liable for the injuries just by being the dog’s owner. This is referred to as “strict liability”. The dog owner can still disagree about the extent of the harm caused by the attack, but the owner is on the hook for any damages caused by the attack. The breed of dog is also not legally significant – even a 5-pound chihuahua can cause damage that its owner would be responsible for just like a larger breed.
This is different from situations where a person is harmed due to someone else’s negligence, such as car accidents. For example, when someone is harmed in a motor vehicle collision, the person harmed (and their attorney, if applicable) must prove certain legal elements in order to have a successful case. These elements include the following: establishing a duty to drive carefully, a breach of that duty by the opposing driver, the breach of duty caused harm to the victim, and injuries were the result.
There are, of course, exceptions to the rule of strict liability. There are circumstances where Washington state law holds that a dog’s owner or controller may not be liable for the attack. One example is when someone trespasses on private property, and is attacked by a dog. Another example is when the injured person provoked the dog’s attack. Lastly, landlords are not held liable when a dog attack takes place on land that is being rented or leased to the dog owner.
What If The Dog’s Owner Was Not Present At The Time Of The Attack?
One question commonly asked has to do with situations where the dog’s owner was not present when the attack occurred, but instead, a professional dog walker or sitter. What happens then? The answer varies depending on the facts of the situation, but in some instances, both the dog sitter or walker and the owner may be held liable for the attack. For example, if the dog sitter is a contractor working for a booking service, such as Rover, the booking service may not be held directly liable. The service may claim it has no control over the actions of independent contractors that use the service. In other instances, the contracts with dog sitters and/or the companies they work with may contain language that excludes paying for any damages caused by a dog when it harms another person. It is important to carefully read these contracts in advance to know where a dog owner’s risk lies.
How about situations where a dog attacks someone else while the dog is under the care and control of a minor (someone under 18 years of age)? In those situations, the minor’s parents may be held strictly liable for what happened while the dog was with the minor. The parent’s homeowner’s insurance (if applicable) may be called upon to pay for the damages caused.
What about when a dog attacks another dog? The same rules will likely apply. However, as dogs are legally considered “property”, the injured dog’s owners would have a property damage claim against the at-fault parties.
What Should I Do If I Am Attacked By A Dog?
The most important thing you can do if attacked and injured by a dog is to seek medical attention for your injuries. It is important to also:
- Document what happened and your injuries (with pictures if possible!)
- Get the contact information for the dog’s owner
- Collect any witness information
- Find out whether the dog is fully vaccinated and get proof
- Report the incident to Animal Control by calling 206-386-7387 (Seattle) or 911 in other areas
Given the complexities of these situations, if you, a family member, or pet are injured as a result of a dog attack or dog bite, it’s always best to consult with an attorney that has experience with these types of cases.
Here at Adler Giersch, we value every client relationship. Our core mission revolves around supporting your healing process, empowering you to regain control over your life, and ultimately restoring your quality of life. We prioritize your health and well-being above all else, taking into consideration both your immediate and future requirements, while also ensuring the most comprehensive recovery of your personal injury losses. If you would like a free consultation, contact us online, by phone, or email.
