Washington Dog Bite Law
TITLE 16. ANIMALS AND LIVESTOCK
(FORMERLY: ANIMALS, ESTRAYS, BRANDS, AND FENCES)
CHAPTER 16.08. DOGS
(FORMERLY: DANGEROUS DOGS)
Rev. Code Wash. (ARCW) § 16.08.040 (2003)
§ 16.08.040. Dog bites -- Liability
The owner of any dog which shall bite any person while such person is in or on a public place or lawfully in or on a private place including the property of the owner of such dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the owner's knowledge of such viciousness.
HISTORY: 1941 c 77 § 1; Rem. Supp. 1941 § 3109-1.
JUDICIAL DECISIONS
ANALYSIS
Construction
Lawfully on private property
Owner
Public place
CONSTRUCTION.
This section is in derogation of the common law and must be strictly construed. Beeler v. Hickman, 50 Wn. App. 746, 750 P.2d 1282 (1988).
LAWFULLY ON PRIVATE PROPERTY.
Imposition of liability for dog bites extends to bites which occur when the victim is "lawfully" on private property owned by third persons; the term "lawfully" describes property upon which the victim is allowed or permitted by law. Hansen v. Sipe, 34 Wn. App. 888, 664 P.2d 1295 (1983).
Social guest is not "lawfully" on private property for the purposes of this section, since he is not there in the performance of a duty imposed by law. Dominick v. Christensen, 87 Wn.2d 25, 548 P.2d 541 (1976).
OWNER.
This section makes the owner strictly liable without regard to knowledge. Frobig v. Gordon, 124 Wn.2d 732, 881 P.2d 226 (1994).
Although granddaughter purchased dog, the fact that grandmother resided with, cared for, and had exclusive possession of the dog for three years raised a genuine issue of material fact as to who was the owner of the dog within the meaning of this section. Beeler v. Hickman, 50 Wn. App. 746, 750 P.2d 1282 (1988).
This section does not apply to property owners who are not owners of the dog in question. Shafer v. Beyers, 26 Wn. App. 442, 613 P.2d 554, review denied, 94 Wn.2d 1018 (1980).
PUBLIC PLACE.
Dog owners were liable for damages sustained by plaintiff when their dog bit plaintiff as she walked along a railroad right-of-way abutting the owners' unfenced property. Hansen v. Sipe, 34 Wn. App. 888, 664 P.2d 1295 (1983).
RESEARCH REFERENCES
ALR.
Who "harbors" or "keeps" dog under animal liability statute. 64 ALR4th 963.
Modern status of rule of absolute or strict liability for dog bite. 51 ALR4th 446.
USER NOTE: For more generally applicable notes, see notes under the first section of this heading, part, article, chapter or title.
Disclaimer: The dog bite, animal attack, personal injury, wrongful death, negligence or other legal information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results set forth here were dependent on the facts of that case and the results will differ from case to case. Please contact a dog bite lawyer or animal attack attorney for advice on your rights.
Copyright © 2004 US Dog Bite Lawyers - Animal Attack Attorneys and Dog Bite Lawyers serving the United States and MegaHunter, Inc. All Rights Reserved.