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In Washington State, dog owners are legally responsible for managing their pets and can be held strictly liable for injuries caused by their animals. Strict liability means that if a dog bites you, the owner is automatically responsible, provided you can show two key elements:
- You were in a public place or lawfully on private property when the bite occurred.
- You did not provoke the dog to attack.
If these conditions are met, the dog owner is liable for the attack, regardless of their efforts to restrain or control the animal.
It’s important to note that strict liability applies only to dog bites. Other injuries caused by dogs, such as being knocked down, scratched, or mauled, fall under negligence law. In these cases, you must prove that the dog’s owner failed to take reasonable steps to prevent harm. This involves showing:
The owner had a duty to manage their dog responsibly and take precautions to avoid injuries.
They failed to fulfill this duty.
Their failure directly caused your injuries.
You suffered damages as a result.
If you’re able to prove the key elements of your dog bite claim, you could recover the compensation you deserve for your losses. In these cases, your losses generally fall into two main categories, both rooted in the legal concept of damages:
Economic Damages
These include the costs of medical treatment for your injuries, such as hospital bills, doctor’s visits, and ongoing therapy, as well as any income you lose from being unable to work during your recovery.
Noneconomic Damages
These refer to your subjective losses, which encompass pain and suffering, the impact on your personal relationships, and emotional distress caused by the accident and your injuries.
Estimating the right amount of compensation can be complex, but an experienced dog bite lawyer in Yakima knows exactly how to handle it. For instance, our team will request copies of all your medical bills and receipts, and if you’re self-employed, we’ll review your paystubs or profit-and-loss statements to understand the full scope of your financial losses. This helps us accurately calculate your economic damages.
When it comes to noneconomic losses, we rely on our experience. Having represented countless clients, we know how a jury evaluates claims related to pain and suffering or emotional distress. In many cases, our clients are able to secure several times the amount of their economic damages in pain and suffering compensation.
Common Dog Bite Questions
What should I do immediately after being bitten by a dog?
After a dog bite, the first step is to stop any bleeding by applying pressure with a clean towel or cloth. Elevating the affected limb above your heart can also help slow the blood flow. Once the bleeding stops, gently clean the wound with soap and warm water. After cleaning, cover the wound with a sterile bandage. It’s essential to monitor the bite for signs of infection, such as redness or pus. If you notice any signs of infection, seek medical attention right away. Regardless of the severity of the bite, it’s recommended to visit a doctor or hospital for professional care. You may need a tetanus booster or rabies vaccine, especially if the dog has not been vaccinated.
Can I still recover compensation if I was bitten while breaking up a fight between my dog and another dog?
In situations where you were bitten while trying to break up a fight between your dog and another, recovery can be complicated. If you provoked or antagonized the dog in any way, it may limit your ability to recover compensation. However, circumstances like this are often gray areas. If you’re unsure whether you provoked the dog, it’s best to consult with an attorney who can investigate the situation and determine whether you’re eligible for compensation.
How long do I have to file a lawsuit for a dog bite in Washington State?
In Washington State, there is a statute of limitations for dog bite claims, meaning you must file a lawsuit within three years of the injury. If you fail to file within this timeframe, you may lose the opportunity to pursue compensation. It’s crucial to consult with an attorney as soon as possible to ensure that your claim is filed in time and that your rights are protected.
What if the dog’s owner claims I provoked the attack? Can I still file a claim?
If the dog owner claims that you provoked the dog, this could impact your ability to recover compensation. Under Washington law, you must prove that you did not provoke the dog in order to be eligible for compensation. An attorney can review the details of the situation and help determine whether you can still pursue a claim, even if provocation is a concern.
Will the dog owner’s homeowners’ insurance cover my medical expenses?
Many dog bite claims are covered under the dog owner’s homeowners’ insurance policy. However, there are often exclusions for certain dog breeds, and the policy will usually have a payout limit. For example, if the insurance policy has a $200,000 limit, that would be the maximum amount you could recover, even if your damages exceed this amount. It’s important to understand the specifics of the insurance policy and how it applies to your case.
What medical treatments should I seek after a dog bite, even if the wound seems minor?
Even if a dog bite appears minor, it’s important to seek medical treatment. A healthcare provider can properly clean the wound and determine if stitches are necessary. Additionally, if the dog has not been vaccinated, you may need a rabies vaccine or a tetanus booster. The doctor may also prescribe antibiotics to prevent infection. It’s crucial to take any potential bite seriously and get medical care to avoid complications.
Do I need to report the dog bite to the police or animal control?
Yes, you should report the dog bite to the police and/or animal control. Reporting the incident ensures that the dog can be monitored for rabies, protecting the public and future victims. It also creates an official record, which may be important for your legal case. Authorities can investigate the situation and take the necessary steps to prevent further risks.
