Your Dog, Your Responsibility
We all love our dogs. I certainly do, if my website didn’t make that obvious. But as dog owners, we have legal—and moral—responsibilities to keep our creatures safe and our communities safe. Washington dog bite laws are not particularly favorable to dog owners. There is no “one free bite” in Washington. Think you’re safe from liability just because your dog “would never bite”? Think again. If your dog hurts someone, even if they don’t bite that person, you are potentially at fault. Plus, at the end of the day, legal liability or not, not everyone wants to meet your dog. And every dog owner needs to respect that.
Louis Doberman helps repair a cracked fence rail.
What can dog owners do to keep their dogs, themselves, and their communities harmonious? Read on.
Good fencing makes for good neighbors.
Dogs are intelligent and curious. And territorial. I can’t tell you how many cases I’ve handled that started with dogs fence fighting and then attacking a human with their pent-up angst. And I can’t tell you how many serious human dog bite cases I’ve handled where the dog escaped a fully fenced yard and the found serious trouble. We live in Washington, where weather is wet and fencing can rot or shift. Check the perimeter of your fence often. Look for unstable areas, gaps, or holes. Then fix them! Padlock your gates to prevent escapes and intruders.
Don’t leave dogs outside unsupervised.
Even the best fencing can’t contain a motivated dog. Backyard time should be engaging—time to play fetch or “find the treat!” or other fun, supervised activities. Dogs are social creatures, and curious. If you leave them alone in a small space, they might just take initiative to explore on their own. Plus, you can’t control barking or other nuisance behaviors if you are not there to reinforce appropriate behaviors.
Consider signage.
I deal with a number of dog bite cases where the injured person was bitten while on the dog’s property. Sometimes that person was expressly invited to the property. Sometimes the person was not, but still may have implied permission to be on your property (think the UPS guy, the meter reader, etc). They might not know about your dog. Posting “no trespass” signs or signs alerting people to the presence of a dog in a fenced area can shift the legal presumption in a dog owner’s favor in certain circumstances. Here’s what RCW 16.08.050 says: “[C]onsent shall not be presumed when the property of the owner is fenced or reasonably posted.”
4. Know your roommates.
Under Washington law, you as a dog owner are ultimately responsible if your dog bites or injures someone— even if you were nowhere near your dog at the time. If your dog bites someone while out with the dog walker— you are liable. If your dog bites someone when Uncle Tony accidentally leaves the front door open—you are liable. If you live with someone who has a dog, you may also be liable if the dog hurts someone, depending on the circumstances. Bottom line: think carefully about who is around your dog, or whose dogs you live with4.
This chicken massacre was due to a bad roommate who let the dogs out.
5. Know your dog’s behavior.
So many of my dog attack cases could have been prevented if people were observant and truthful about their dog’s behavior. You can’t predict every behavior of a dog at every given moment. But responsible owners know generally how their dog will respond to a situation. In today’s world, dogs are expected to tolerate every type of interaction. That is not realistic. If your dog likes to chase things, don’t cut him loose near a bike path. Use a long line to give your dog freedom legally. Or find a safe Sniffspot. If your dog doesn’t love other animals, don’t hand his leash to your kid on a scooter (true story). If you have questions about how to manage your dog’s behavior, get help from a professional trainer. But don’t ignore red or yellow flags.
6. Know what your insurance covers.
Did you know your homeowner’s insurance (or renter’s insurance) probably covers dog bites and injuries? Well, if your dog is covered under your policy. Ask for a copy of your insurance policy—and read it. Certain insurance companies exclude pit bulls, rottweilers, dobermans, or other breeds of dogs. Or they may deny coverage because you did not report owning a dog. Tell your insurance company explicitly that you have dogs. Don’t wait until after an incident to make sure you are protected by insurance. It’s too late then. Without insurance coverage, if your dog hurts someone, your personal assets may be on the line.
