Travis Cunningham from SeaTac, Washington, was charged last Friday with possession of a dangerous dog – a Class C felony. His dog had viciously attacked a 72-year-old woman named Huong Le earlier this year. Ms. Le sustained significant injuries in the attack and received care at Harborview Medical Center in Seattle.
Washington State’s “dangerous dog” law imposes penalties of up to 5 years in jail and/or up to $5,000 in fines. The statute is rarely used by prosecutors because they have to show that the dog owner had prior knowledge that the dog was dangerous or potentially dangerous as defined under the statute. Essentially, the dog owner must have knowledge that the dog either attacked and inflicted serious injury on another human being, or injured a domestic animal and had previously acted in menacing ways towards humans. The law is codified at RCW 16.08.
In addition to criminal prosecution, the dog owner may be subject to civil liability for damages suffered by the victim. See RCW 16.08.040. There are essentially three theories under which to pursue such a claim: the dog bite statute, common law strict liability, and simple negligence. All three of these causes of action can be pled in the same action. The laws surrounding these claims can be complex and complicated to pursue. Dog bite victims who have suffered serious injuries should in most cases consult with an experienced dog bite lawyer in Washington State.
