Washington State Statute of Limitations for Dog Bite Cases Involving Children - Seattle Attorney

Thus, a child will usually have until his or her 21st birthday to settle the claim or file a lawsuit in court.

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Dog Bite Cases: Negligence or Provocation by the Child - Washington State Animal Attack Law - Seattle Attorney

s means that any time a child under age 6 has been injured by a dog, the dog owner’s is not permitted to argue that the child was at fault.

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Parental Immunity in Dog Bite Cases - Washington State Dog Bite Law - Seattle Attorney

One question that arises is whether a child’s parent can be held responsible for injuries inflicted upon the child by the family dog.  The answer is often no.  Washington State recognizes a law called the Parental Immunity Doctrine.  Under this doctrine, a negligent parent is immune from liability for injuries caused to the child unless the parent was acting outside his or her parental capacity, or if the child’s injuries were caused by a parent’s willful and wanton misconduct.  In the case of a family dog injuring a child, the parents will likely be immune from liability under this doctrine.

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The Legal Process for Dog Bite Cases Involving Children

The legal process for child injury claims differs from the legal process for cases brought by adults.  For starters, a child under the age of 18 is considered a minor.  In Washington, a minor cannot file a lawsuit on his or her own.  This can only be done by a guardian appointed by the court.  A guardian is someone who the court believes will adequately protect the child’s interests and do what is best for the child in the legal case that is being filed on the child’s behalf. 

If the child’s dog bite case cannot be settled with the dog owner’s insurance company, the next step is to file a lawsuit.  To start a lawsuit, a petition must be filed, asking the court to appoint a suitable guardian who will bring the lawsuit on the child’s behalf.  Oftentimes the guardian appointed by the court will be the child’s parent or parents.  However, there may be a problem with using the child’s parents to act as guardians.  If there is a potential argument that the parent was somehow responsible for causing the child’s injury, then there may be a conflict of interest between the interests of the child and those of the parent.  In that situation a parent may be prohibited from acting as the child’s guardian for purposes of bringing a lawsuit. 
Once the court grants the petition, an order is entered stating that the guardian is authorized to bring a lawsuit on behalf of the child. In addition to filing the petition, there are additional documents called pleadings that must be filed in court along with a fee paid to the clerk.  These pleadings are called the summons and complaint.  The case then proceeds in much the same way that one would for an adult.  Please refer to the next chapter for a detailed discussion of the legal process of a dog bite case.

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The Settlement Process for Dog Bite Cases Involving Children - Part Two - Washington State Dog Bite Attorney

Once the SGAL has concluded the investigation and issued a report, the child’s attorney must draft and file a petition with the court asking the judge or court commissioner to approve the settlement.

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The Settlement Process for Dog Bite Cases Involving Children - Part One - Washington State Dog Bite Attorney

In Washington, there are special conditions that must be met for the settlement of a child injury claim. In every settlement of a minor’s claim, whether filed in court or not, the Superior Court shall determine the adequacy of the proposed settlement and decide whether to reject or approve it.

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Part Two - Is it a crime to have a dangerous dog in Washington State? - Seattle Dog Bite Lawyer

My advice to dog owners is this: don’t risk keeping or harboring a dog that you know or should know is dangerous or potentially dangerous.

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Statistics and Basic Facts About Children and Dog Bites - Washington State Dog Bite Law

Of the one million dog bites that are reported each year, about 60% involve an injury to a child. Approximately 70% of dog bite wounds are inflicted on the child’s face.

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Part One - Is it a crime to have a dangerous dog in Washington State? - Seattle Dog Bite Lawyer

There are certain defenses available to a dog owner who is criminally prosecuted for owning a dangerous or potentially dangerous dog.

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#9 - Nine Mistakes Dog Bite Victims Should Avoid - King County Washington Dog Bite Lawyer in Seattle

You might need an attorney for your dog bite case. Becasue the insurance djustor will be well-versed on the law and understand the defenses and arguments available in a dog bite case.

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#8 - Nine Mistakes Dog Bite Victims Should Avoid - King County Washington Dog Bite Lawyer in Seattle

When it comes to dog bite cases, although it sounds like a cliché, honesty is absolutely the best policy.

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#5 - Nine Mistakes Dog Bite Victims Should Avoid - Washington State Dog Bite Law - Seattle Attorney

The insurance company will be looking for any information in your past medical history to build its case against you.

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#6 - Nine Mistakes Dog Bite Victims Should Avoid - Washington State Dog Bite Law - Seattle Attorney

You should keep a file to store documents, photographs, and records related to the claim, like receipts, medical records, names and phone numbers of witnesses, correspondence from the insurance company, the address and phone number of the dog owner, information about the dog, investigative reports from the authorities, etc.

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#7 - Nine Mistakes Dog Bite Victims Should Avoid - Dog Bite Statutes in King County Washington - Seattle Attorney

The insurance adjustor knows that a person who really needs the money fast is in a much weaker position to ask for a higher settlement. Therefore, don’t appear too eager to settle. Take your time.

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#4 - Nine Mistakes Dog Bite Victims Should Avoid - Washington State Dog Bite Lawyer

If the dog owner has insurance, the carrier will almost always ask you for a recorded statement.

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Dog Bite Attorneys in Washington State

Do you need a dog bite attorney to handle a pit bull attack in Washington State? Seattle attorney Chris Davis is the author of 'When The Dog Bites' a guidebook to the dog bite laws in Washington State.

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#3 - Nine Mistakes Dog Bite Victims Should Avoid - Pit Bull Attack Attorney

You should take multiple photographs over the period of time that it takes the injury or wound to heal.

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#2 - Nine Mistakes Dog Bite Victims Should Avoid - Seattle Dog Bite Lawyer

An investigation by the authorities can produce information and witness statements that may be critical in helping you establish liability against the animal’s owner.

Get more information about dog bites & animal attacks from the Davis Law Group's dog bite law library:

Washington State's Dog Bite Law  

Dog Bite Articles:
Fatal dog attacks in Washington State   
Dog attacks and pit bull maulings are on the rise in Washington State   
Seattle-area girl hospitalized after pit-bull attack   
Pit bulls terrorize a West Seattle neighborhood   
Seattle citizens to vote on ban of fighting dogs  
A community approach to dog bite prevention.   
Nonfatal Dog Bites in King County Washington   
Hospitalizations for Dog Bite Injuries   

FREE Dog Bite Legal Consultation

Contact Davis Law Group now for a FREE legal consultation regarding your dog bite case.

We have offices in Seattle, Bellevue, Mercer Island and Renton to serve dog bite victims all over Washington State. 

Yes, we can arrange to have someone come to you if you are unable to visit one of our our offices.    

Call 206-727-4000 or 1-800-4-Accident today.

#1 - Nine Mistakes Dog Bite Victims Should Avoid - Washington State Dog Bite Attorney in Seattle

Insurance companies may refuse to believe that the injury is serious unless prompt medical attention has been received.

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Dog Bite Statute of Limitations in Washington State - Seattle Attorney

In Washington, a dog bite victim generally has three years from the date of injury to settle or file his claim.

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Landlord Liability for Dog Bite - Washington State Law - Seattle Attorney

The Washington Supreme Court has held that a landlord cannot be held liable for the harm caused by a tenant’s dog, even if the landlord had knowledge of the dog’s vicious or dangerous propensities.

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Assumption of Risk: Washington State Dog Bite Law - Seattle Attorney

Under common law, the dog owner is strictly liable if it can be shown that the dog owner had prior knowledge of the dog’s dangerous propensities.

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Contributory Negligence & Dog Bite Law in Washington State - Seattle Attorney

The phrase “contributory negligence” refers to the negligent conduct of the person who was bitten by the dog.

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Dog Owner Negligence - Washington State Dog Bite Law - Seattle Attorney

The term negligence means that a person has failed to exercise reasonable and ordinary care under the circumstances, giving rise to injuries or damages.

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History of Dog Bites? Washington State Animal Attack Law - Seattle Attorney

Under Washington common law, it is not necessary for a dog to have previously bitten someone for its owner to be presumed to have knowledge that it was likely to do so.

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