In previous chapters I discussed Washington state's "Dog
Bite Statute" as well as this state's common law regarding
the dog owner's civil liability for injuries and damages
inflicted by the dog upon another person. These laws give
dog bite victims the legal right to recover monetary
compensation from the dog owner (usually paid by the
owner's insurance company). However, Washington state has
laws in place that may also subject the dog owner to
criminal responsibility. Unlike civil liability, which only
obligates a person to pay monetary damages to another, the
conviction of a crime will subject the dog owner to
possible jail time or monetary fines, or both.

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.19 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. If any
of these circumstances occur (in addition to a possible
criminal conviction), the dog shall be immediately
confiscated by the animal control authority.

A person who is the victim of a dog bite attack has a legal
right to recover compensation as long as liability can be
imposed against the owner or person responsible for the
dog. Given this right, the insurance company who is
legally obligated to compensate the victim will go to great
lengths to either deny the claim or minimize the amount of
compensation it has to pay. In fact, most people who enter
the claims process are very much surprised to discover just
how far the insurance company will go to avoid paying a
fair settlement. As a result, there are certain steps that
a dog bite victim can take to protect his or her rights and
maximize recovery. Or put another way, there are at least
nine mistakes that I see dog bite victims make. Committing
one or more of these mistakes can have devastating
consequences in the legal claim, or significantly reduce
the amount of compensation the insurance company is
required to pay.

That being said, you should understand that this chapter is
not intended for people who may wish to bring a frivolous
claim or for those who may want to recover an unreasonable
amount of compensation for an injury that is minor or
insignificant. If you bring a frivolous or unfounded
claim, it doesn't matter what you do or don't do because
the insurance company will go to extraordinary lengths to
defeat that claim. Also, when I say that victims should
maximize their recovery, I mean that there are certain
mistakes to avoid so you have the greatest chance that the
insurance company will pay out the maximum amount of
dollars to settle the claim. Here are the mistakes to
avoid:

Mistake #1 - Failing to seek medical treatment promptly.
If the injury is serious enough to warrant medical
attention, then you need to promptly consult with a doctor,
or go to your local emergency room. Insurance companies
may refuse to believe that the injury is serious unless
prompt medical attention has been received. Also, a visit
to the doctor will result in the creation of a chart note
that becomes a permanent record in the case. The magnitude
of the injury, as well as your symptoms, will be recorded
by a professional and this information can be used later to
prove how bad the injury is.

Mistake #2 - Failing to notify the proper authorities. If
you have been bitten, the proper authorities should be
immediately notified. This may include the police or the
local animal control agency. 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. Sometimes the most important
question to answer is, "Who owns the dog?" If you are not
familiar with the dog, or if the dog runs away after the
attack, then an investigation by the proper authorities may
become even more important to your subsequent legal claim.

Mistake #3 - Failing to take multiple photographs of your
injuries and wounds. This is extremely important. Often
times the value of a dog bite injury is heavily dependent
on the appearance of the initial injury, along with the
appearance of subsequent disfigurement and scarring that
develops over time.

You should take multiple photographs over the period of
time that it takes the injury or wound to heal. Insurance
companies will often put a great deal of weight on
photographs, especially if the injury is significant and
any subsequent scar or disfigurement is severe. We have
all heard the adage, "A picture is worth a thousand words."
This is no less true with photographs depicting severe dog
bite injuries, disfiguring wounds, or prominent scars.