Dog Bite Cases

Dog bites and attacks can cause serious physical injuries, emotional trauma, and mounting medical bills. If you or a loved one has been injured by a dog in Port Townsend or anywhere on the Olympic Peninsula, you have legal rights. At Schodowski Law, we help dog bite victims recover compensation for medical expenses, lost wages, pain and suffering, and more.

Free Consultation | No Fees Unless We Win | Serving Jefferson County

About Dog Bites

Dog bite injuries are more serious and more common than most people realize. According to the CDC, approximately 4.5 million dog bites occur in the United States each year, with nearly 1 in 5 requiring medical attention. Children are the most frequent victims and often suffer the most severe injuries.

Washington State has strict liability laws for dog bites, meaning dog owners are responsible for injuries their dogs cause—even if the dog has never bitten anyone before and even if the owner took precautions. You don’t have to prove the owner was negligent.

At Schodowski Law, our Port Townsend personal injury attorneys understand Washington’s dog bite laws and have experience helping victims throughout Jefferson County and the Olympic Peninsula. We know how to build strong cases, negotiate with insurance companies, and fight for the compensation you deserve.

We work on a contingency fee basis—you pay nothing unless we win your case.

Washington Dog Bite Law (RCW 16.08.040)

Washington has one of the strongest dog bite laws in the country. Under RCW 16.08.040:

“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.”

What This Means in Plain English:

Strict Liability

  • Dog owners are automatically liable for bites

  • No need to prove the owner was negligent

  • No need to prove the dog was dangerous

  • No need to prove the owner knew the dog was dangerous

  • The “one free bite” rule does NOT apply in Washington

Where the Law Applies

  • Public places (parks, sidewalks, trails, streets)

  • Private property where the victim had a legal right to be

  • The dog owner’s own property (if victim was lawfully there)

Who Can Recover

  • Anyone legally in a location where they were bitten

  • Guests, mail carriers, delivery drivers, utility workers

  • Children (unless trespassing)

  • People walking past property on public sidewalks

Exceptions

  • Trespassers may not recover (but children under 7 are never considered trespassers)

  • Veterinarians and vet techs injured while treating the dog

  • People who provoked the dog (provocation is a defense)

  • Police or military dogs performing official duties

Common Dog Bite Injuries

Dog bites can cause devastating injuries, especially to children and the elderly:

Physical Injuries

Lacerations and Puncture Wounds

  • Deep cuts requiring stitches

  • Puncture wounds that damage underlying tissue

  • Wounds requiring surgical repair

  • Risk of severe scarring

Facial and Head Injuries

  • Children often bitten on face and head (height level with dogs)

  • Permanent scarring and disfigurement

  • Damage to eyes, ears, nose

  • Reconstructive surgery often needed

  • Multiple surgeries over years for children

Broken Bones and Fractures

  • Large dogs can break bones with bite force

  • Arms and hands injured while defending against attack

  • Fractures from being knocked down by dog

  • Especially common in elderly victims

Nerve Damage

  • Permanent loss of sensation

  • Loss of function in hands or limbs

  • Chronic pain

  • May require ongoing treatment

Muscle and Tendon Damage

  • Deep bites can sever muscles and tendons

  • Loss of function or mobility

  • Requires surgical repair

  • Long rehabilitation period

Infections

  • Dog bites have high infection rates

  • Pasteurella, Staphylococcus, Streptococcus

  • MRSA risk

  • Rabies risk if dog’s vaccination status unknown

  • Cellulitis, sepsis in severe cases

Emotional and Psychological Injuries

Post-Traumatic Stress Disorder (PTSD)

  • Flashbacks and nightmares

  • Severe anxiety around dogs

  • Fear of going outdoors

  • Especially common in children

Phobias

  • Cynophobia (fear of dogs)

  • Can last years or lifetime

  • Affects quality of life

  • May require therapy

Anxiety and Depression

  • From trauma of attack

  • From dealing with injuries and recovery

  • From permanent disfigurement

  • Social withdrawal

Behavioral Changes in Children

  • Sleep disturbances

  • Regression in development

  • School problems

  • Fear and anxiety

Who Is Liable for a Dog Bite in Washington?

Under Washington law, the dog owner is strictly liable for bite injuries. However, other parties may also be responsible:

Dog Owner

  • Primary liability under RCW 16.08.040

  • Responsible even if dog never bit before

  • Responsible even if they didn’t know dog was dangerous

  • Responsible even if they took precautions (leash, fence, etc.)

Property Owner or Landlord

  • May be liable if they knew the dog was dangerous

  • May be liable if they allowed a dangerous dog on the property

  • Landlords can be liable for tenant’s dog if they knew of danger

  • Requires proof of negligence (not strict liability)

Dog Handler or Caretaker

  • Person walking or caring for dog may be liable

  • Dog sitters, walkers, groomers

  • Must prove negligence

Parents of Minor Dog Owner

  • Parents responsible for dog owned by minor child

  • Parents liable under strict liability if child is the owner

Multiple Dog Owners

  • If dog has multiple owners, all may be liable

  • Common in household with multiple adults

Damages You Can Recover in Dog Bite Cases

Washington law allows dog bite victims to recover several types of compensation:

Economic Damages

Medical Expenses

  • Emergency room treatment

  • Surgery and hospitalization

  • Wound care and antibiotics

  • Rabies shots (if necessary)

  • Plastic surgery and reconstructive procedures

  • Future medical care and surgeries

  • Physical therapy and rehabilitation

  • Psychological counseling

Lost Wages

  • Time off work for treatment and recovery

  • Lost earning capacity if permanently disabled

  • Lost opportunities

Property Damage

  • Torn clothing

  • Damaged personal property during attack

Non-Economic Damages

Pain and Suffering

  • Physical pain from injuries

  • Emotional distress from attack

  • Ongoing suffering from permanent injuries

Disfigurement and Scarring

  • Permanent visible scars

  • Facial disfigurement

  • Impact on self-esteem and confidence

  • Especially significant for children

Loss of Enjoyment of Life

  • Fear of dogs limiting activities

  • Inability to participate in activities you once enjoyed

  • Social isolation due to scarring or fear

Emotional Distress

  • PTSD from attack

  • Anxiety and depression

  • Phobias and ongoing mental health treatment

What to Do After a Dog Bite

The steps you take immediately after a dog bite can significantly impact your health and your legal claim:

1. Seek Medical Attention Immediately

Even if the wound seems minor:

  • Dog bites have high infection rates

  • Some injuries are worse than they appear

  • Medical records are essential evidence

  • Delayed treatment can lead to complications

Go to emergency room or urgent care for:

  • Bleeding that won’t stop

  • Deep puncture wounds

  • Wounds on face, head, hands, or joints

  • Any bite that breaks the skin

  • Bites from unknown dogs (rabies risk)

  • Any bite to a child

2. Report the Dog Bite

To Animal Control:

  • In Jefferson County: Contact Jefferson County Animal Control

  • Phone: (360) 385-3292

  • They will investigate and quarantine the dog

  • They create official report (important evidence)

  • They determine dog’s rabies vaccination status

Why Reporting Matters:

  • Protects others from the same dog

  • Creates official documentation

  • Helps prove your case

  • Required for rabies risk assessment

3. Document Everything

Photograph Injuries:

  • Take photos immediately after bite

  • Continue photographing throughout healing

  • Show all stages of injury

  • Include photos of any scarring

Get Information:

  • Dog owner’s name, address, phone number

  • Dog’s name, breed, vaccination records

  • Witness names and contact information

  • Property owner information (if different from dog owner)

4. Do NOT Sign Anything

Dog owners or their insurance companies may ask you to sign releases or offer quick settlements.

Don’t sign or agree to anything without consulting an attorney. Once you accept a settlement, you cannot reopen the claim.

5. Contact a Dog Bite Attorney

Call Schodowski Law for a free consultation before talking to insurance companies or accepting any settlement offers.

Defenses Dog Owners May Raise

Although Washington has strict liability, dog owners may try to avoid responsibility:

Provocation

Defense: You provoked the dog, causing it to bite

What Does NOT Count as Provocation:

  • Simply approaching or petting the dog (with owner’s permission)

  • Running or playing near the dog

  • Being a child acting like a child

Our Response:

  • Children under 6 years old cannot legally provoke a dog

  • Provocation must be intentional and significant

  • Burden of proof is on dog owner

Trespassing

Defense: You were trespassing on private property

What Does NOT Count as Trespassing:

  • Invited guests

  • Mail carriers and delivery drivers

  • Children under 7 (never considered trespassers under Washington law)

Dog Bites Involving Children

Children are the most frequent victims of dog bites and often suffer the most severe injuries:

Why Children Are More Vulnerable:

  • Smaller size puts face at dog’s level

  • Less able to defend themselves

  • Don’t recognize warning signs from dogs

  • Natural curiosity leads them to approach dogs

Special Legal Considerations:

Children Under 7

  • Cannot legally trespass in Washington

  • Cannot legally provoke a dog

  • Strongest legal protection

Increased Damages

  • Facial scarring more devastating for children

  • Multiple reconstructive surgeries as child grows

  • Lifetime of psychological impact

  • Impact on social development

Dog Bites on the Olympic Peninsula

Our rural and tourism-focused community creates unique dog bite risks:

Rural Property Issues

  • Many dogs off-leash on rural properties

  • Unfenced properties common

  • Dogs protecting “territory”

  • Delivery drivers and mail carriers at risk

Vacation Rentals

  • Tourists bringing dogs to rental properties

  • Unfamiliar dogs in neighborhoods

Trail and Hiking Risks

  • Off-leash dogs on trails

  • Olympic Discovery Trail incidents

Livestock Guardian Dogs

  • Common on Olympic Peninsula farms

  • Bred to protect livestock

  • Can be aggressive to strangers

Insurance Coverage for Dog Bites

Most dog bite claims are covered by the dog owner’s homeowners or renters insurance:

Homeowners Insurance

  • Usually covers dog bite liability

  • Typically $100,000 to $300,000 coverage

  • Insurance company pays the settlement

What This Means:

  • You’re not suing your friend/family personally

  • Their insurance pays, not them

  • Most reasonable people understand this

How Much Is My Dog Bite Case Worth?

Settlement values depend on many factors:

  • Minor wounds: $5,000 – $20,000

  • Moderate scarring: $20,000 – $100,000

  • Severe facial scarring: $100,000 – $500,000+

  • Permanent disfigurement in children: $250,000 – $1,000,000+

Factors considered:

  • Severity of injuries

  • Medical expenses (past and future)

  • Permanent scarring

  • Psychological impact

  • Victim’s age

  • Insurance coverage available

Frequently Asked Questions

What if the dog owner is a friend or family member?

This is the most common concern. Remember: You’re not suing your friend or family member personally—you’re making a claim against their homeowners insurance. The insurance company pays the settlement, not your friend. Most reasonable people understand this, especially when children are injured.

What if the dog has never bitten anyone before?

It doesn’t matter. Washington is a strict liability state. The dog owner is responsible even if the dog has never shown aggression before. You don’t need to prove the dog was dangerous.

How long do I have to file a dog bite claim?

Washington’s statute of limitations is 3 years from the date of the dog bite. However, contact an attorney immediately while evidence is fresh.

Can I sue if I was bitten on the dog owner’s property?

Yes, as long as you were lawfully on the property. This includes invited guests, delivery drivers, service providers, and children playing.

What if I provoked the dog?

Simply petting, approaching, or playing near the dog is not provocation. Children under 6 cannot legally provoke a dog.

Will the dog be put down?

That’s up to Animal Control, not the civil lawsuit. Your personal injury case is separate from dangerous dog proceedings.

Why Choose Schodowski Law?

We Understand Washington Dog Bite Law

Washington’s strict liability statute is unique. We know how to use this law to maximize your recovery.

We Handle Insurance Companies

Homeowners insurance companies try to minimize claims. We won’t let them shortchange you.

We Fight for Full Compensation

Dog bite injuries—especially facial scarring in children—deserve significant compensation.

Local Knowledge

We know Jefferson County Animal Control procedures and our local courts.

Serving the Olympic Peninsula

We proudly serve dog bite victims throughout Port Townsend, Jefferson County, and the Olympic Peninsula.

Contact Us for Your Free Consultation

If you or a loved one has been injured by a dog bite, don’t wait. The sooner we start building your case, the better.

Call now for your free consultation: (360) 821-8873

  • No obligation

  • No upfront costs

  • No fees unless we win