Do I need to prove negligence in a dog bite case?
In the state of Washington, yes, it is necessary to prove negligence when filing a dog bite case. To do this, you must be able to demonstrate that the dog owner knew or should have known their dog was capable of causing injury and failed to take appropriate action to prevent it. This means that you must prove that the dog owner was aware of any prior aggressive behavior the dog exhibited, yet allowed the dog to remain in a situation that could harm a person. Some examples of negligence would include not restraining a known aggressive dog, not taking precautions when a barking or growling dog is around, or not warning someone of a dog’s presence. Additionally, owners are even held responsible for failing to post warnings to others about their dog’s aggression, hostility, or dangerous behavior, such as signs stating that a “Beware of Dog” sign is necessary. Washington also has a “one bite” law, which states that a dog owner is not liable for all damages after their dog bites someone if, prior to the incident, there was no known evidence or indication that the dog was dangerous and or able to cause harm to someone. Therefore, it is important to remember that it is necessary to prove negligence when filing a dog bite case in Washington.
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