Protecting a Child's Claim
Strict Liability Claims
Dog bites to children carry different rules and longer timelines. Washington gives minors extra time to file and puts the court in charge of protecting any settlement.
Key Washington Statutes:
- RCW 16.08.040 — Strict liability for dog bites in a public place or while lawfully on private property, regardless of the dog's past behavior.
- RCW 16.08.050 — Defines lawful presence as being on the property with express or implied consent.
- RCW 16.08.060 — Makes provocation a complete defense to a strict liability bite claim.
These statutes set Washington apart from "one bite" states. Under RCW 16.08.040, the owner is responsible the first time their dog bites, so the case turns on a narrower set of questions: did a bite occur, was the victim lawfully present, and was the dog provoked. The statute covers bites only. Scratches and knockdowns fall outside it and are handled as negligence.
Who needs this?
This area applies if you were bitten and:
- You were in a public place, such as a sidewalk, park, or trail, when the bite happened.
- You were lawfully on private property, including as an invited guest.
- You were told the bite was your fault because the dog "had never done that before."
- The owner or their insurer is raising provocation to avoid paying.
- You are unsure whether you have a claim because the dog had no prior history.
How we help
Liability Assessment — We confirm the bite falls under RCW 16.08.040 and that you were lawfully present, which is the foundation of a strict liability claim.
Anticipating the Defenses — We get ahead of the two arguments insurers rely on most: provocation and trespass.
Identifying Coverage — We locate the homeowner or renter policy that will actually pay, including coverage that follows the dog off the owner's property.
Documenting Damages — We build the record of medical treatment, infection risk, and lasting effects from the bite.
Resolution — We pursue full value through negotiation and, where the insurer will not deal fairly, through litigation.
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