Senior Partner
Most lawyers and claims professionals recognize that injuries to animals—especially injuries to dogs—are typically analyzed under ordinary negligence or strict liability principles. Liability for dog bites in Washington is governed by RCW 16.08 et. seq. and Washington laws impose “strict liability” on the owners of dogs that bite humans or animals without provocation. There is no “one bite” rule in Washington.
Washington laws also impose liability for injuries caused by a dog or any other animal where the owner was negligent in controlling or confining that animal safely. Individuals, governments, or businesses that do not own the animal may also be liable for an injury if they negligently fail to control the animal to keep it from injuring someone.
Summary of the Law:
It is a little known fact in in Washington that injuries to service animals may trigger an additional and often overlooked layer of statutory liability under the Washington Law Against Discrimination (WLAD). WLAD imposes specific consequences when a guide dog or service animal is negligently or maliciously injured or killed, and those consequences go beyond traditional tort damages.
Section 49.60.370 of the WLAD expressly provides that a person who negligently or maliciously kills or injures a service animal is liable for a penalty of one thousand dollars, payable to the user of the animal. And, the user or owner of the animal is entitled to recover reasonable attorneys’ fees and costs incurred in pursuing any civil remedy. Even where economic damages might otherwise be modest, fee-shifting can make it worthwhile for a service dog handler to pursue a legal claim for injury to their service animal.
RCW 49.60.370 makes clear that this mandatory $1,000 penalty and fee-shifting provision apply in addition to any other civil or criminal remedies available under Washington law. For example, if a service animal is attacked and bitten by a dog, the service animal’s owner can also recover for veterinary bills and other damages under RCW 16.08.010 of Washington’s dog bite laws.
A Low Liability Threshold: Simple Negligence:
One of the most important features of RCW 49.60.370 is the liability standard. The statute does not require intentional conduct, recklessness, or a heightened mental state. Simple negligence that results in injury to the service animal is enough.
This matters because many of the most common scenarios involving injured service animals involve ordinary lapses in care rather than malicious conduct, such as injuries caused by negligently restrained pets, dangerous premises conditions, or vehicle collisions.
Remember:
When a dog guide or service animal is injured in Washington, the analysis should not stop at ordinary negligence or dog bite laws. WLAD imposes additional responsibility, including a statutory penalty and attorney fee-shifting, based on a simple negligence standard.