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(253) 272-5226Most people assume a dog bite claim is only as valuable as the bite itself. The bigger the wound, they think, the bigger the settlement. This case proves that assumption wrong and it is one of the most important lessons we can share with anyone who has survived a dog attack in Washington State.
Our client, we’ll call her Sandra, was knocked down by 150-pound Bullmastiff during a morning jog through a Tacoma park. Her physical wound was a small bite mark and scrape on her upper thigh which healed within a week. Her case settled for over $100,000.
The reason? Sandra was diagnosed with Post-Traumatic Stress Disorder. Over the next two and a half years, that diagnosis reshaped every part of her daily life. Under Washington’s dog bite law, that suffering is fully compensable and the law does not require a serious physical injury to pursue a serious claim.
In this post, we walk through what happened, how Washington’s strict liability statute applies, and why emotional harm can be worth far more than medical bills in a dog attack case.
It was a sunny February morning in Tacoma. Sandra, a 59-year-old dedicated distance runner, set out for a run through a public park like she did several times a week. Ahead of her on the path, she spotted two people walking a very large dog. She did everything right. She veered off the path entirely, moving onto the grass on the opposite side, well away from the animal to give the group as much space as possible.
It made no difference. Without any warning, the dog pulled away from its owner and lunged at her from behind, striking her, scratching her on the left upper thigh, biting her buttocks and knocking her violently to the ground.
What Sandra learned next was both clarifying and disturbing. The dog’s trainer told her they were specifically out that morning to work on the dog’s aggression toward joggers, because it had a known history of lunging at runners. The dog owner acknowledged responsibility on the spot and provided her contact information. In other words, the owner knew her dog was dangerous around joggers. She brought it to a public park anyway and Sandra paid the price.
Washington State is a strict liability state when it comes to dog bites. That means the injured person does not need to prove the owner was careless or that the owner knew the dog was dangerous. The controlling statute is RCW 16.08.040, which states:
“The owner of any dog which shall bite a person while such person is in a public place or lawfully in or on a private place… shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the knowledge of such viciousness.“
The phrase “regardless of the former viciousness” is the most important part. It eliminates the classic defense that the owner had no idea their dog was dangerous. Under Washington law, it simply does not matter whether the dog had ever bitten or attacked before. If the attack happened in a public place, the owner is liable.
What this means for you: If a dog bit you in a public park, on a sidewalk, or anywhere you were lawfully present, Washington law is strongly in your favor. You do not need to prove negligence. You only need to prove the bite happened and document the full extent of your damages.
Starting weeks after the attack, Sandra began experiencing severe symptoms of anxiety and panic triggered by any encounter with a dog. She was referred to a licensed counselor in and treated for insomnia, flashbacks, depression, and a severe fear of dogs, even when they were leashed. She was formally diagnosed with Post-Traumatic Stress Disorder (PTSD).
That diagnosis was not an abstraction. It played out in real, repeated, and debilitating incidents for the next two and a half years. Here are a few examples.
While walking near the waterfront, Sandra encountered a dog off its leash. She went into a full panic attack: racing heart, shortness of breath, numbness, uncontrollable crying. It was her first dog encounter since the bite, and it floored her.
When customers brought dogs inside, she could not serve them. Coworkers covered for her repeatedly while she retreated to the back room to manage panic attacks that left her physically exhausted for hours afterward.
While walking a city street with her partner, Sandra spotted a stray dog ahead and silently crossed the street. She made it back to the hotel, went to the bathroom, and cried alone. She was overwhelmed and had to nap to recover.
Sandra was caught off guard by a dog walker passing close to her car. She closed her eyes, stood motionless, then sat in her car crying, unable to drive until she could compose herself.
Twenty-nine months after the attack, Sandra’s PTSD had not improved. Her treating counselor noted that complete recovery was uncertain and that the condition would likely continue long into the future. Sandra had given up the trail runs she had loved her entire adult life. She could not attend farmers markets, walk freely through her own neighborhood, or board a plane without fear. A single careless decision by a dog owner changed every ordinary day of her life.
Washington law recognizes that not every injury shows up in a medical bill. Victims of dog attacks are entitled to full compensation for non-economic damages, which include:
Jurors are instructed to consider the full impact of the injury from the moment of the attack to the present, and into the future. They are asked to weigh how the attack has altered the victim’s capacity to work, to enjoy life, and to engage in activities that once gave them meaning.
For Sandra, that meant accounting for the loss of running which had been a cornerstone of her identity, her social community, and her daily well-being for most of her adult life. That loss is fully compensable under Washington law.
Non-economic damages are not a bonus they are an independent, recognized category of loss. In many dog attack cases involving PTSD, the non-economic damages far exceed the medical bills. Sandra’s case makes this point in the starkest possible terms. Her medical bills were less than $2,000. The insurance company initially offered $12,000. After we filed the lawsuit and presented the insurance company with evidence of severe PTSD, the case settled for over $100,000.
This is the most important lesson this case offers. Many dog attack survivors — especially those whose wounds have healed, assume their case has little value. They feel their injury was not “bad enough” to justify pursuing compensation. Sandra’s case shows that the psychological aftermath of a dog attack can be far more devastating, and far more valuable under Washington law, than the physical wound itself.
Post-Traumatic Stress Disorder is not vague or subjective. It is a diagnosable condition. When it is supported by treatment records, a formal diagnosis, and a detailed account of how it has disrupted the victim’s life, it becomes the core of a powerful claim.
Dog owners in Washington cannot claim they had no idea their dog was dangerous. The law takes that argument off the table entirely. Therefore, if the bite happened in a public place, liability is established. What remains is proving the full extent of the damages which is exactly what an experienced attorney helps you do.
Sandra’s case was built in large part on her own written account of each incident after the attack. Those specific, dated entries were essential in conveying the true scope of her suffering to the insurance carrier. If you have been attacked by a dog, keep a journal. Write down every panic attack, every dog encounter, every moment the attack intrudes on your life. That record carries real legal weight.
If a dog attacked you, whether or not your physical injuries were serious, your case may be worth far more than you realize. Washington’s strict liability law is one of the strongest in the country for victims. And under that law, emotional harm, PTSD, and loss of enjoyment of life are fully compensable damages.
At Ladenburg Law Injury Attorneys, we handle Washington dog bite and dog attack claims on a contingency fee basis. That means you pay nothing unless we win.
We know the defenses insurance companies use. We know how to fight them. And we know how to make sure the full cost of your injuries — physical, financial, and emotional — is represented in your claim.
Call us today for a free consultation: (253) 272-5226
Note: This article is based on a real case handled by Ladenburg Law Injury Attorneys. Certain identifying details, including names and some circumstances, have been changed to protect client privacy. Past results do not guarantee future outcomes. This post is for general informational purposes only and does not constitute legal advice.