Washington Dog Law: FAQs
You asked and now I answer common dog law questions.
Q: What are Washington’s laws regarding dogs left in vehicles?
A: RCW 16.52.340 makes it a misdemeanor to leave any animal unattended in a vehicle if that animal could be harmed or killed by exposure to excessive heat, cold, lack of ventilation, or lack of necessary water.
Washington does not have a private citizen rescue clause. That means a private citizen may be held responsible (criminal or civil) if they choose to break into someone’s vehicle to rescue an animal they perceive to be in danger.
However, animal control or law enforcement may break into a vehicle to rescue an animal suffering from heat/cold exposure, or lacking ventilation or necessary water. So your best bet is to call law enforcement to evaluate the situation.
Many vehicles are now climate controlled and monitored with fancy technology, so do not assume an animal unattended in a vehicle is unsafe simply because it is unattended. When in doubt, call authorities.
Q: Why should I license and vaccinate my dogs?
A: Obvious stuff first. Licensing your dog makes it easier for you and your pup to reunite if he happens to get lost. Vaccinating keeps your dog safe from communicable diseases present in other dogs or the environment. From a liability standpoint, licensing and vaccinating shows your are trying to be a responsible owner who follows the laws. If your dog is ever involved in an incident, your compliance with state and local laws will be at issue. And having up-to-date vaccines can keep your dog from lengthy quarantine or death if he bites someone.
Q: What are the legal responsibilities if a dog bites another dog?
A: RCW 16.08.010 tells us that a dog owner or keeper is liable if a dog kills or injures another animal. This statute is broader than the statute controlling bites to humans. First, it potentially holds both the owner and anyone taking care of the dog liable. Second, it does not limit responsibility to just bites—if your dog otherwise injures another animal, you also are potentially subject to civil liability.
RCW 16.08.010 also instructs that the dog’s owner or keeper is liable for all damages and costs of collection from any civil action. This means the dog owner must pay all veterinary bills and any other out of pocket costs directly stemming from the dog’s injury-causing conduct. That could mean mileage to veterinary appointments, wage loss, special medical supplies or other costs. And “costs of collection” can include attorney’s fees.
Further, dogs who injure other animals may be subject to Potentially Dangerous Dog and Dangerous Dog proceedings. Depending on the severity of the incident, these types of rulings can mean the dog’s owner must follow restrictions set by the government and can even mean the dog will be put down. Read your local codes so you know what enforcement action might apply.
Q: My dog bit the groomer or veterinarian, am I liable?
A: Washington state does not reduce the right of recovery for an animal professional like some states do (see, e.g. California law). Thus, if your dog bites and injures an animal care professional, the same strict liability laws typically apply. To reduce the change of a bite, teach your dog to wear a muzzle comfortably and speak at length to your pet care providers to ensure they are handling your dog properly.
Q: I’m a landlord. Am I liable if a tenant’s dog bites someone?
A: It depends. If you own an apartment complex and the bite happens in a common area, a landlord has specific duties to protect tenants. If you own a single house without common areas and a tenant’s dog bites someone on or off the property, you may be liable if you knew the dog had a history of aggression or problematic incidents. To help prevent dog bites on your property, meet any dog your new tenants have, strictly enforce leash laws in common areas, and always require tenants to carry rental insurance with a liability policy.
Q: If someone comes on my property and my dog bites them, am I liable?
A: Again, it depends. Under RCW 16.08.040, a dog owner is strictly liable if their dog bites a person in public or when the person is lawfully on their private property. A person is lawfully be on your property if you gave them express or implied consent to be there. The repair guy, your friend you invited over, or the FedEx guy dropping a package on your front doorstep are all probably on your property lawfully. The guy who jumped your fence to steal your garden tools is probably not. And even where someone is on your property lawfully, if that person provoked the attack, it is a complete defense to civil liability.
For more dog law information, see my previous blog HERE.