Dog Bite Injuries
Every year in the United States approximately 4.7 million
dog bites occur. The majority of bite victims were familiar with the dog and
the incident occurred either on the victim’s property or close by.
Liability: In
Washington State, dog bites are a strict liability crime (RCW 16.08.040). For a
strict liability crime, it is not necessary to prove that the defendant acted
with negligence or recklessness. A dog bite victim only needs to show that his injury
was proximately caused by the defendant's conduct.
Strict Liability for
Dog Bites: A dog owner is strictly liable for damages caused by the owner's
dog, so long as:
1. The victim is in a public place
OR
2. The victim is lawfully in or on
a private place, including the dog owner's property, either through express or
implied consent
The dog owner is strictly liable regardless of whether or
not the dog has displayed any previous aggression or if the dog owner was aware
of the dog’s propensity to bite. Washington State does not allow the dog “one
free dog bite” that some other states allow.
Negligence Suit for
Dog Bites: In the event that the strict liability statute is not satisfied
(e.g. the victim is not lawfully on the property where the dog bite occurred),
there is still potential for a negligence lawsuit. A negligence cause of action
arises when evidence can be shown that a dog owner: (1) knew of his dog’s
propensity for violence; (2) failed to use reasonable care in controlling the
animal to prevent injury; (3) the injury was reasonably foreseeable and (4) the
owner’s negligent conduct was the proximate cause of the injury.
Dog Bites and
Children: The majority of dog bites
that occur in the United States every year involve children. Statistically,
children between the ages 5 and 9 are at the highest risk and half of all dog
attacks involved children 12 years or younger. Of dog bites that required
emergency room treatment, 82% involved children 15 years or younger. Of dog
bite fatalities, 70% involved children 10 years or younger. More than half of
injuries involving children involve the head, face and neck.
*Dog Bite Statistics from American Humane Society
Settlement: Most
Homeowner’s Insurance policies cover dog bites. In 2012, State Farm alone paid
out more than $108 million as a result of dog bites. The insurance industry as
a whole pays more than $1 billion annually. According to the Insurance Information
Institute:
Dog bites accounted for more than 1/3 of all homeowners
insurance liability claims paid out in 2012. The average cost paid out for dog
bite claims was $29,752 in 2012, up 1.2 percent from $29,396 in 2011. From 2003
to 2012 the cost of the average dog bite claim increased by 55.3 percent. The
number of claims dropped slightly to 16,459 in 2012 from 16,695 in 2011.
Dog bite victims can be
compensated, not only for medical expenses, but for lost wages/earning capacity
and pain and suffering resulting from the bite. Consulting with a dog bite
attorney can help victims of dog bites get the appropriate settlement.
For more information or legal assistance consider contacting
a Seattle Dog Bite Attorney.
Weitz Law Firm
520 Kirkland
Way, Suite 103
Kirkland, Washington 98033
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