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

In Washington, the owner of a known “dangerous dog” or a “potentially dangerous dog” that aggressively attacks and causes severe injury or death of any human being shall be guilty of a Class C felony.[1]  In non-death cases, the injury must be severe enough to cause broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.  The conviction of a Class C felony may result in punishment of up to five years in jail, or up to a $5,000 monetary fine, or both. 

The term “dangerous dog” refers to one that inflicts severe injury on a human being without provocation, or kills a domestic animal without provocation while off the owner’s property, or that has been previously found to be a potentially dangerous dog with the owner’s knowledge.  So for instance, a dog that has killed another person’s pet dog or cat while off the owner’s property and then later inflicts severe injury on a person may subject its owner to prosecution for a criminal offense with possible jail time and/or monetary fines. 

The owner of a “dangerous dog” can also be convicted of a gross misdemeanor, a criminal charge that is less serious than a felony, and which carries a maximum sentence of up to one year in jail or a $1,000 fine, or both.  This can occur if: (1) the "dangerous" dog is not properly registered with the local animal control authority, (2) the owner fails to obtain an adequate surety bond or insurance for the animal, or (3) the dog is not kept in the proper enclosure or is outside the enclosure and outside the owner's residence without proper physical restraint.[2]  If any of these circumstances occur (in addition to a possible criminal conviction), the dog shall be immediately confiscated by the animal control authority.

Similarly, the owner of a “potentially dangerous dog” may also face criminal charges.  The Washington state legislature has defined a “potentially dangerous dog” as one that: (1) inflicts bites on a human or a domestic animal either on public or private property, (2) chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, or (3) has a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or to cause injury or otherwise to threaten the safety of humans or domestic animals.  For example, let’s say you own a dog that has been known to chase people or act in menacing ways toward others.  If that dog later inflicts severe injury or kills a person, you could also be found guilty of a criminal offense that may subject you to possible jail time and/or fines.

One necessary fact that must be proved beyond a reasonable doubt to support a criminal conviction against the owner of a dangerous dog or a potentially dangerous dog is the dog owner’s prior knowledge of his dog’s dangerous propensities.  The Washington State Supreme Court has ruled that a dog owner may only be convicted of a crime if the owner knew, or should have known, that his dogs were dangerous or potentially dangerous.[3]  This “prior knowledge” requirement may be difficult to satisfy because it forces prosecutors to show what the person actually knew about the dog before the incident giving rise to the crime occurred.  Presumably, this is why criminal prosecutions under the “dangerous dog” statute are quite rare.  To meet this difficult burden, the government usually will have to rely heavily on the statements of other witnesses, like neighbors or other caretakers for the dog, to establish that the owner knew his dog was dangerous or potentially dangerous.  Without this evidence, assuming there are no damaging statements or admissions from the dog owner himself, a criminal conviction is unlikely.

There are certain defenses available to a dog owner who is criminally prosecuted for owning a dangerous or potentially dangerous dog.  One defense is provocation of the animal, which is the same defense available under the civil “Dog Bite Statute” discussed in Chapter 2.  There is one difference however.  To invoke the provocation defense, the dog must have been on the owner’s property and the dog must be securely confined on the property and unable to escape.[4]  The dog’s enclosure must be secure enough to prevent children or other trespassers from coming into contact with the animal.  The owner must also erect appropriate signs on the property that warn people of a dangerous dog and not to trespass.  If any one of these conditions is unmet, then the provocation defense will fail.  Similarly, if the dog owner violates the statute while the dangerous or potentially dangerous dog is in a public place, the provocation defense is not available.