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Dog Bite Laws in Kennewick, Washington

Dog Bite Laws in Kennewick, Washington

Dog Bite Laws in KennewickThe legal dog bite laws for Kennewick, Washington is as follows. Please check the following link to city ordinances for any updates or changes to the laws: (https://library.municode.com/wa/kennewick/codes/code_of_ordinances?nodeId=TIT8ANCO_CH8.02ANCO Chapter 8.02 – Animal Control)

Definition of Terms

Abandon means the knowing or reckless desertion of an animal by its owner or the causing of the animal to be deserted by its owner, in any place, without making provisions for the animal’s adequate care. An animal left without adequate care for three or more days shall be prima facie evidence that the animal has been abandoned.

Animal includes, but is not limited to, dogs and cats.

Animal Control Officer or Chief Animal Control Officer refers to that person employed by or under contract to the City to enforce the provisions of this Title.

At Heel means during such times as the dog is positioned and controlled in such a manner so as to remain within a distance of two feet from its owner or other competent person having charge of such dog.

At Large means off the premises of the owner or upon the public streets, alleys, public grounds, school grounds or parks within the City. A dog shall not be deemed at large if:

  • It is attached to a leash or chain of sufficient strength to restrain the dog and not more than eight feet in length, when said leash or chain is held by a person competent to restrain and control the dog off the owner’s premises;
  • It is properly restrained within a motor vehicle or housed in a veterinary hospital;
  • It is accompanied by and “at heel” beside the owner or a competent responsible person;
  • The dog or dogs are left unattended on the owner’s premises, and it or they shall be so confined, tied or restrained as to be unable to range beyond the owner’s premises.

Commercial Kennel means any lot, premises, building or structure where six or more dogs or six or more cats over six months of age are kept.

Competent Person means any person who, by reason of age and physical ability and training, is capable of maintaining control of an animal to the extent required by this Chapter.

Dangerous Animal means any dog or animal that:

  • Has inflicted severe injury on a human being without provocation;
  • Has killed a domestic animal or livestock without provocation;
  • Has been previously found to be potentially dangerous, the owner having received notice of such and the animal again aggressively bites, attacks, or endangers the safety of humans or domestic animals.

Dog means and includes female, neutered female, male and neutered male dogs.

Domestic Animal means a tame animal living in the home or on the property, living with or used by people for companionship, work, a food source, or otherwise, not defined as a “wild animal.”

Health Officer includes any person designated as such by the Benton-Franklin district health office, or any other person designated as such by the City Council.

Livestock means animals, including fowl, kept or raised on a farm, ranch, or other spread of land which are raised for home use, profit, or hobby.

Owner means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having control or custody of an animal for three consecutive days or more. An animal is deemed to be harbored if it is fed or sheltered for three consecutive days or more and knowingly permitted to remain on the premises occupied by that person.

Person includes any person, firm, organization, partnership, corporation, trust or association of persons.

Poundmaster refers to that person employed by or under contract with the City to care for and dispose of strays or other animals confined under City ordinance.

Potentially Dangerous Animal means any animal or dog that when unprovoked:

  • Inflicts injury on a human or a domestic animal or livestock on public or private property; or
  • Chases or approaches a person upon the streets, sidewalks, or any public grounds, or upon private property other than that of the animal’s owner, in a menacing fashion or apparent attitude of attack; or
  • Has a known propensity, tendency, or disposition to attack, or to cause injury or otherwise to threaten the safety of humans or domestic animals.

Proper Enclosure means secure confinement indoors or in an outside securely enclosed and locked pen or structure, resistant to tunneling, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure must have secure sides and a secure top, and shall also be constructed to protect the animal from injury and illness and to provide protection from the elements.

Severe Injury means any physical injury that results in death, broken bones or disfiguring lacerations requiring one or more sutures or cosmetic surgery.

Veterinary Hospital means a public establishment regularly maintained and operated by a licensed veterinarian for the diagnosis and treatment of disease and injuries of animals.

Whenever a type or breed of animal is described in this Chapter, it includes any hybrid, cross breed or mixed breed of such animal to any degree that the type or breed can be identified by either the animal’s appearance, behavior or pedigree.

Whenever a power is granted to, or a duty is imposed upon the Poundmaster or Chief Animal Control Officer or other public officer, the power may be exercised or the duty performed by an agent of the officer or by any person duly authorized unless this Chapter expressly provides otherwise.

All other words and phrases used in this Chapter will have their commonly accepted meanings.

Harboring Dangerous or Potentially Dangerous Animals

No person who, being the owner of any dangerous or potentially dangerous animal shall keep, harbor or maintain the same on or off his/her premises in a manner endangering or likely to endanger the safety of persons, property or other animals, nor shall he/she allow said animal to run at large within the City.

It is unlawful for an owner of a dangerous animal to permit it to be outside a proper enclosure unless the animal is muzzled and restrained by a substantial chain or leash and under physical restraint of a responsible person. The muzzle must be made in a manner that will not cause injury to the animal or interfere with its vision or respiration but at all times prevents it from biting any person or animal.

Upon the trial of any person charged with a violation of this Section, the court may determine whether or not the said animal poses a sufficient threat such that it should be destroyed or otherwise disposed of in accord with the provisions of this Chapter. The court may make such determination concerning the animal notwithstanding a finding of guilt or innocence of the person charged.

It shall be a defense to any charge under this Section involving an alleged dangerous or potentially dangerous animal that the person endangered was committing, was about to commit, or had just committed a trespass or crime, and that the animal’s reaction was a natural result thereof.

Any person violating the provisions of this Section shall be guilty of a gross misdemeanor.

Animals Injuring Property Unlawful

It is unlawful for any owner to suffer or permit any dog, cat or other animal to trespass on private or public property so as to damage or destroy any property or thing of value, to kill, maim, or disfigure another’s animal, or to deposit fecal matter on any property not that of his owner, and the same is declared to be a nuisance and any such dog, cat or other animal may be seized and impounded.

Stray Animal a Nuisance

Any stray dog, cat or animal running at large within the City is declared to be a nuisance, and any such stray dog, cat or animal may be seized and impounded. For the purpose of this Section, “stray dog” or “stray animal” means and includes any dog, cat or animal appearing or remaining in a neighborhood or any public place without an apparent home.

Dog Control

No dog shall be permitted to roam or stray or be off its owner’s premises unless it is at all times under the control of a person. It is the owner’s responsibility to do all things reasonably necessary to ensure compliance with this Section; that a dog is found away from its owner’s premises and not under the control of a responsible person shall be prima facie evidence of a violation of this Section.

Dog Leashes Required. It is unlawful for any owner to cause, permit or allow any dog owned, harbored, controlled or kept by him, in this City, to roam, run at large or stray away from the premises where the same is owned, harbored, controlled or kept, except that while away from said premises, such dog shall at all times be controlled by being “at heel,” or by means of a leash not exceeding eight feet in length, by the owner or some duly authorized and competent person; provided, however, that such leash or chain is not required for any dog when otherwise safely and securely confined or completely controlled while in or upon any vehicle. This Section shall not apply to dogs which are in special areas which may be designated by the City as dog training areas and so long as the regulations of the City with respect to the use of such areas are complied with, and said dogs are under the custody and control of a competent trainer.

No dog shall be permitted to commit the following offenses on any premises or property, private or public: bite, or attempt to bite any person, destroy private property, scatter refuse, chase vehicles, or commit any nuisance defined in this Chapter or any other ordinance or law.

Impounding of Animals

Any animal off the premises of the owner and not under the control of some person, or which is otherwise in violation of this Chapter and subject to impound, shall be impounded. All animals impounded by the animal control authority will be subject to receiving DHLP, Parvo, and Bordetella vaccinations. Reimbursement of the vaccination costs will be at the expense of the animal’s owner.

Rabies Vaccination Required

All domestic pets four months of age and older, including, but not limited to, all cats, dogs, and ferrets, must be vaccinated against rabies by a licensed veterinarian. The owner shall keep the rabies vaccination current by obtaining booster shots and revaccinations as directed by the licensed veterinarian. The owner shall provide proof of current rabies vaccination upon demand by any animal control authority or law enforcement officer. Failure to provide proof of current rabies vaccination is a civil infraction, and shall subject the domestic pet to immediate impounding.

Notice of Impounding

Upon seizing and impounding of any dog, cat or other animal, the Poundmaster shall give notice of such impounding in substantially the following manner:

If the identity of the owner is known to or can readily be determined by the Poundmaster, then, as soon as reasonably practicable after the animal is impounded, the Poundmaster shall notify the owner by telephone or otherwise that the animal has been impounded and may be redeemed as provided in this Chapter.

If the owner is known to the Poundmaster, but cannot be notified under the provisions of subsection (1) of this Section, or if the owner is so notified and does not appear to redeem his animal within 24 hours of the time of impounding, then the Poundmaster may send, by certified mail and regular mail, a notice in substantially the following form:

“NOTICE OF IMPOUNDING:

DATE:

To Whom It May Concern:

I have this day seized and impounded in the City animal shelter at ________ Street, an animal described as follows:

Dog ( ) Cat ( ) Other ( )

Sex ___ Color ___ Breed _______

Approximate Age ___ Other Identification _______ Name of Owner _______

Notice is hereby given that unless said animal is claimed and redeemed on or before ___ o’clock ___. M. on the___ day of _______, 20___, the same will be sold or destroyed as provided by ordinance.

Signed Poundmaster”

Redemption of Impounded Dogs

Unless this Chapter requires impounding for a longer period of time, any impounded dog may be redeemed by the owner, or authorized representative of the owner, by payment to the Poundmaster of an impounding fee determined, from time-to-time, by the City Council and in accord with KAC 16-32-020. Proof of a current rabies vaccination must be produced. If proof is not presented within ten days, it shall be another separate violation of this Chapter for each day over ten days that proof is not presented.

Upon receiving payment of all fees due, the Poundmaster shall execute a receipt in duplicate, and the original shall be delivered to the owner, upon which the owner shall acknowledge delivery of the animal. A copy shall be retained by the Poundmaster.

Redemption of Dangerous Animals

Dangerous and potentially dangerous animals that are not redeemed shall be humanely destroyed after the expiration of the notice as provided in Section 8.02.070. Unless required as evidence or to determine if they are rabid, animals shall be destroyed, pending any hearing or court proceedings unless the owner prepays all impound and boarding fees unless otherwise ordered by a court of competent jurisdiction.

Disposition of Unclaimed Animals

If an impounded animal shall not be claimed and redeemed within 72 hours, then it may be sold by the Poundmaster, or humanely destroyed, at the discretion of the Poundmaster.

Interference with Officer-Failure to Redeem-Frauds

It is unlawful for any unauthorized person to break open, or attempt to break open, the City animal pound, or to take or let out animals therefrom, or to take or attempt to take from any officer any animal seized by him in compliance with this Chapter, or in any manner interfere with or hinder such an officer in the discharge of his duties under this Chapter. A violation of this provision is a misdemeanor.

No person shall knowingly refuse to redeem an impounded animal or obtain an animal from the Poundmaster and return it to a former owner without first paying all impound fees. Any third or subsequent violation of this provision as demonstrated by evidence provided by the animal control authority shall be a misdemeanor.

Warning Tickets

The animal control officers may issue a warning ticket for the first offense of letting an animal be at large. If a warning ticket is issued, the warning ticket shall be in duplicate. The first copy shall be given to the animal’s owner, and the second copy shall be returned to the animal control officer.

Violation Tickets

The animal control officer may issue a warning ticket or a violation ticket to an animal’s owner for such owner’s first offense in letting an animal be at large. If, however, after receiving the violation or warning ticket, the animal’s owner continues to let the animal be at large, then the officer shall, on all subsequent offenses, issue a violation ticket. All violation tickets shall be cleared through the animal control authority.

The second copy of the violation ticket shall be given to the animal’s owner. The first and third copies shall be returned to the office of the animal control authority. The office staff will make the necessary arrangements to have one copy delivered to the Benton County District Court.

The “warning tickets” and “violation tickets” shall either be given directly to the animal’s owner or custodian, or to a person of suitable age and discretion, a resident of the household of the owner or custodian. However, if, after making one attempt, the animal control officer is unable to give the ticket to the animal’s owner or custodian or person of suitable age and discretion, who is a resident of the household of the owner or custodian, then the ticket may be served by mailing it certified mail, return receipt requested, to the animal’s owner or custodian. Service of tickets shall be deemed completed three days after mailing of said certified letter, return receipt requested.

Removal of Animal – Notice

If a law enforcement officer or animal control officer has probable cause to believe that an owner of a domestic animal has violated KMC 8.02.170 and no responsible person can be found to assume the animal’s care, the officer may authorize, with a warrant, the removal of the animal to a suitable place for feeding and care, or may place the animal under the custody of the animal control authority. An officer may remove an animal under this subsection without a warrant only if the animal is in an immediate life-threatening condition. In all cases, the officer shall make a good faith effort to notify the owner prior to the animal’s removal. If contact cannot be made, notice shall be given by posting the place of seizure, by delivering to a person residing at the place of seizure, or by registered mail if the owner is known.

Duties Upon Injury or Death of Animal

It shall be the duty of every person operating or driving a vehicle involved in an accident resulting in an injury or death to a dog, cat or other animal to report the same immediately to the police division by telephone, and to report the same in writing within 24 hours after the occurrence of such accident to the police division, giving the relevant information concerning the accident, the report to be made on forms provided by the police division.

Dog Bite – Impounding

Every animal bite shall be reported to the health officer who shall investigate the case and may order the offending animal to be impounded at any time during the ten days next following the date of the bite. If the animal is impounded and after ten days next following the date of the bite no rabies is present or suspected, the animal may be released to the owner upon payment of any impounding, boarding, and permit fees, and compliance with the permitting and rabies vaccination provisions of this Chapter. If rabies is present or suspected by the health officer, the animal shall be destroyed and the head preserved for laboratory confirmation of the diagnosis.

If the health officer orders an animal impounded at any time during the ten days next following the date of a bite, the owner of the animal may request the impounding to be at a licensed veterinarian’s establishment at his own expense.

Health Officer to Quarantine

It shall be the duty of the health officer to cause to be quarantined any animal within the City, which he has grounds to suspect of being infected with the disease of rabies. Whenever any human being has been bitten by a cat or dog and there is no reason to suspect that the animal is rabid, at the discretion of the health officer, the animal involved may be restricted for ten days for observation in such manner as to prevent contact with other animals or humans except for its caretaker.

Notice of Quarantine

Any quarantine of an animal shall be initiated by delivering to the owner, or keeper of any such animal, a written notice of such quarantine which shall prescribe the duration of the same, provided that the period of said quarantine shall not exceed ten days unless it shall be determined that the existence of such disease is present. The delivery of the notice of quarantine to an adult residing upon the premises where such animal is kept, shall be considered as delivery of the notice to the owner or keeper. Any such animal so quarantined shall be impounded, provided that, in the discretion of the health officer, said animal may be quarantined upon the premises of the owner or any other person during such time as the provisions of the quarantine are strictly kept.

During the period of any quarantine made under the provisions of this Chapter, the owner or keeper of any animal so quarantined shall not allow said animal to come in contact with any other animal or person or permit such animal to run at large on any street or public place in the City or upon the premises where quarantined unless said premises be enclosed by a secure fence, nor shall such owner or keeper remove or cause such animal to be removed from said premises without the consent of the health officer. These restrictions shall continue until said animal shall have been released from quarantine. Any animal found running at large as defined in Section 8.02.010, or which has been removed from the premises upon which quarantined, shall be impounded and unless claimed and redeemed by its owner within two days after the expiration of quarantine period, may be destroyed by the proper authorities.

Whenever any outbreak of rabies occurs, or when rabies has been diagnosed or a rabid dog or animal has been present in the City, it is unlawful for any owner, keeper or handler of an animal to keep or harbor the same within the City limits after the last publication of the notice provided for in subsection (5) of this Section, and during the period in said notice prescribed, unless such dog or animal be securely confined at all times by leash or kept in a tight enclosure from which such animal cannot escape. Any animal found running at large in the City during said period shall be impounded and, unless claimed and redeemed by its owner within two days after such impounding, may be destroyed by the proper authorities. Any health or police officer may destroy any animal found running at large within the limits of the City during said period when, after reasonable effort, he shall be unable to impound said animal or after reasonable investigation shall be unable to locate the owner or keeper thereof.

Any animal that has been bitten by a rabid animal must be destroyed. If the owner is unwilling to have this done, the animal (dog or cat only) should be vaccinated and placed in strict isolation for six months or longer. If the animal has been previously vaccinated with an approved vaccine within the time limit approved for such vaccine, re-vaccination and restraint for 90 days should be carried out.

Upon any outbreak of rabies, or when rabies has been diagnosed within the City limits, or a rabid dog or animal has been found present, and when, in the judgment of the health officer, there is imminent danger of the spread of the disease, such officer shall publish a notice to that effect in the official newspaper of the City for three successive days, and for six weeks after the last publication of said notice the provisions of Section 8.02.120 shall be applicable, provided that the health officer shall have authority, when in his judgment an extension of said six weeks’ time is necessary to carry into effect the purpose of this Chapter, to extend the said six-week period for an additional six weeks or such lesser time as he shall deem necessary by notice given in the manner provided for in this Section and to further thereafter and in the same manner continue said six-week or lesser period until, in his judgment, the said strict quarantine herein provided for shall be unnecessary.

Dangerous, Potentially Dangerous Animals – Permit Required

No person shall have, keep or maintain any dangerous or potentially dangerous animal without first obtaining an annual permit from the Poundmaster. A permit will only be granted if the applicant has provided and maintains adequate and effective safeguards and controls for the animal, and has taken all necessary precautions to ensure that the animal will not become a nuisance. The applicant shall obtain a permit from the Poundmaster. No permit shall be issued to any person to keep an animal in contravention of the rules and regulations of the Department of Game nor Title 77 of the Revised Code of Washington. The annual permit fee shall be as determined by the City Council from time-to-time (KAC 16-32-010).

The Poundmaster may require any animal he/she finds to be dangerous or potentially dangerous to be licensed under the provisions of this Section. Any dispute concerning the character of any animal shall be resolved in accord with this Chapter.

The Poundmaster shall issue a permit to the owner of an animal required to be licensed under this Section only if the owner presents to the animal control authority sufficient evidence of:

  • A proper enclosure to confine the animal as defined in this Chapter; and
  • The posting of the premises with a clearly visible warning sign that there is a dangerous animal on the property. In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous animal; and
  • A surety bond issued by a surety qualified under Chapter 48.28 RCW in a form acceptable to the Poundmaster in the sum of at least $250,000.00, payable to any person injured by the dangerous or potentially dangerous animal, or a policy of liability insurance, such as homeowner’s insurance, issued by an insurer qualified under Title 48 RCW in the amount of at least $250,000.00, insuring the owner for any personal injuries inflicted by the animal; and
  • Proof that all surrounding property owners and occupants have been notified and given an opportunity to comment on the confinement plans.

Any animal licensed or required to be licensed under this Section shall be immediately impounded by the Poundmaster if:

  • The animal is not validly registered under this Section;
  • The owner does not secure and maintain the liability insurance coverage required;
  • The animal is not maintained in the proper enclosure; or
  • The animal is outside of the dwelling of the owner, or outside of the proper enclosure and not under physical restraint of a competent person.

The provisions of this Section do not apply to temporary activities such as circuses nor to any governmental agency. These provisions are cumulative with any federal, state or local regulation.

Any person violating or failing to comply with this Section shall be guilty of a gross misdemeanor. Upon conviction for a violation of this Section, the City may seek an order from Benton County District Court mandating destruction of the animal.

Dangerous, Potentially Dangerous Animals – Objection to Declaration – Appeal

If the owner of the animal wishes to object to the Notice of Declaration of Dangerous Dog or Animal or Notice of Declaration of Potentially Dangerous Dog or Animal, he may, within ten business days of receipt of the declaration, appeal that declaration by submitting a Request for Appeal form to the City Clerk’s Office. Within 20 days of the receipt of the Request for Appeal, the City will file said appeal, at the City’s expense, with the clerk of the court for a hearing before the Benton County District Court.

If the court does not find a preponderance of evidence to support the Declaration, the Declaration shall be rescinded and the restrictions imposed thereby annulled. In the event the court finds that the animal is not a dangerous or potentially dangerous animal, no court costs shall be assessed against the City of Kennewick or the animal control authority or officer.

If the court finds a preponderance of evidence to support the declaration, it shall impose court costs on the appellant, restitution if applicable, and may impose additional restrictions on the animal.

Animals Disturbing the Peace

It is unlawful for any person owning or harboring an animal to allow or permit such animal to cause serious or habitual disturbance or annoyance by frequent or habitual howling, yelping, barking or otherwise noisy conduct, which shall annoy, injure or endanger safety, health, comfort or repose of others. An animal is harbored in violation of this Section if, without provocation, it makes noise which can be heard continuously within an enclosed structure off its owner’s property for more than five minutes.

Responsibility of Owner

Nothing contained in this Chapter shall relieve the owner or owners of any animal from responsibility for any damage committed by such animal, as provided by the law and sections of this Chapter.

Penalty Provisions

Any person violating any provision of this Chapter, except Sections 8.02.020, 8.02.130, 8.02.170 and 8.02.320, is guilty of an infraction. Unless matters in aggravation warrant a greater civil penalty, each violation shall be subject to a minimum penalty in the amount listed plus all costs and assessments:

  • First violation within five years $50.00.
  • Second violation within five years $100.00.
  • Third violation within five years $200.00.
  • Four or more violations within five years $400.00.

Each person is guilty of a separate offense for each and every day during any portion of which any violation of the provisions of this Chapter is committed, continued or permitted by any such person and shall be punished accordingly.

Court costs of $10.00 shall be assessed in addition to any other fine, penalty, cost or statutory assessment imposed.

Contact a Dog Bite Lawyer Right Away

After a dog bite, you need to contact a dog bite attorney right away. Call the dog bite attorneys and lawyers at Parke Gordon Law Firm in Kennewick now for a free consultation at (509) 582-7274. We will fight for you or your child to get fair compensation from a negligent dog owner. Call now to get started on your dog bite case. We will help you beat Goliath!

 

 

 

 

 

 

Tri-Cities, Washington Law Office

Our Tri-Cities, Washington law office provides legal services to injury clients in and surrounding Tri-Cities, including clients injured in accidents in Kennewick, Pasco, and Richland, Washington. Visit or call our Tri-Cities office now. Parke Gordon LLC 8905 W Gage Blvd, #200 Kennewick, WA 99336 Phone:(509) 582-7274

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Washington State Dog Bite Statute

Washington State Dog Bite Statute

Washington State Dog Bite StatuteCan the victim of a dog bite sue the dog owner in the state of Washington? Know the personal injury liability rules and defenses regarding dog bites in the dog bite statute for the state of Washington below.

Washington State Dog Bite Statute

The state of Washington’s dog bite statute, Revised Code of Washington section 16.08.040, states a dog owner is liable for dog bite injuries their dog inflicted if:

  • the dog bite occurred in a public place or lawfully in or on a private place including the property of the dog owner.
  • the dog owner knew of the dog’s viciousness.
  • the injured person did not provoke the dog.

A dog bite injury attorney from Parke Gordon Law Firm will be happy to assist you in your dog bite claim. Our experienced dog bite lawyers can help you understand the statue of limitations in Washington. Simply put, a statute of limitations is a law that governs the amount of time you have to make a claim and bring a case to court after you have suffered a dog bite injury. Deadlines for such claims vary by state but range from one to six years after the injury occurred. Typically, the time limit is two to three years. Check with our dog bite personal injury attorneys to know for sure about your particular case. It is important to never wait too long to hire a Spokane dog bite lawyer after a dog bite due to these time restrictions.

Washington State Strict Liability for Dog Bites

Washington State has strict liability when it comes to dog bites. This means that a dog owner is liable the first time his or her dog bites, even if the owner had no prior knowledge that the dog might bite someone.

Approximately half of all U.S. states follow a strict liability rule for dog bites. Other states follow a “one bite” rule. The “one bite” rule states that a dog owner must know or have reason to know that the dog is dangerous before he or she can be held liable for dog bite damages. The most common way to prove this knowledge is to show the owner knew the dog had bitten someone in the past.

Dog Bite Defense Claims in Washington

If you are a dog owner facing a dog bite lawsuit in Washington, there are two commonly-used defenses you should know about.

1. Provocation

If the dog owner can prove that the dog attacked because he or she was being provoked before biting, the dog owner will not be held liable for damages. For example, if a child is hurting the dog by poking it with a stick so the dog attacks to protect his or her self. The owner of the dog would not be held liable if they have enough witnesses stating that the child was provoking the dog.

2. Trespassing

If a dog owner argues that his or her dog attacked and bit someone because they were trespassing on the owner’s property, the dog owner would not be held liable for damages. A person who is trespassing is someone on private property unlawfully or without a specific duty such as delivering a package. Homeowner liability for trespasser injuries is limited in several ways including for dog bites under Washington State dog bite laws.

Contact a Dog Bite Lawyer Right Away

After a dog bite, you need to contact a dog bite attorney right away. Call the dog bite attorneys and lawyers at Parke Gordon Law Firm in Kennewick now for a free consultation at (509) 582-7274. We will fight for you or your child to get fair compensation from a negligent dog owner. Call now to get started on your dog bite case. We will help you beat Goliath!

Tri-Cities, Washington Law Office

Our Tri-Cities, Washington law office provides legal services to injury clients in and surrounding Tri-Cities, including clients injured in accidents in Kennewick, Pasco, and Richland, Washington. Visit or call our Tri-Cities office now. Parke Gordon LLC 8905 W Gage Blvd, #200 Kennewick, WA 99336 Phone:(509) 582-7274

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Receiving Compensation for a Dog Bite Injury

Receiving Compensation for a Dog Bite Injury

Receiving Compensation for a Dog Bite InjuryDog bite injury victims are entitled to recover a fair and adequate compensation amount for his or her suffering. Many dog bites happen on visible locations of the body such as hands or arms can cause embarrassment and humiliation for the victim. The dog bite victim may also experience mental and emotional trauma following the attack. These are just some things that a dog bite victim has the right to recover compensation for following a dog bite attack.

Compensation for Economic Damages from a Dog Bite

Economic damages include:

  • Medical treatment costs
  • Ambulance ride
  • Future medical costs
  • Operations
  • Cosmetic surgery on scars implemented from the dog bite
  • Loss of opportunity in the future
  • Psychological expenses
  • Torn clothing

These are just a few examples of damages a dog bite injury attorney can use to gather compensation for the dog bite victim.

Compensation for Non-econmoic Damages from an Attack by a Dog

  • Non-economic damages include:
  • The pain of the injury
  • Mental suffering
  • Humiliation caused by scars
  • Loss of quality of life because of a disability

Again, many other things can be included as non-economic damages following a dog bite attack.

Washington Dog Bite Statue Guidelines

In the state of Washington, a dog owner is to be held liable for the actions of their dog under Washington dog bite laws. Revised Code of Washington section 16.08.040, states a dog owner is liable for dog bite injuries their dog inflicted if:

  • the dog bite occurred in a public place or lawfully in or on a private place including the property of the dog owner.
  • the dog owner knew of the dog’s viciousness.
  • the injured person did not provoke the dog.

A dog bite injury attorney from Parke Gordon Law Firmwill be happy to assist you in your dog bite claim. Our experienced dog bite lawyers can help you understand the statue of limitations in Washington. Simply put, a statute of limitations is a law that governs the amount of time you have to make a claim and bring a case to court after you have suffered a dog bite injury. Deadlines for such claims vary by state but range from one to six years after the injury occurred. Typically, the time limit is two to three years. Check with our dog bite personal injury attorneys to know for sure about your particular case. It is important to never wait too long to hire a Boise dog bite lawyer after a dog bite due to these time restrictions.

Contact a Dog Bite Lawyer in Kennewick Today

Call a Kennewick personal injury attorney for a dog attack you have been involved in. Parke Gordon Law Firm offers a free consultation. Take this opportunity to speak to an experienced dog bite attorney from our law firm about your dog bite case over the phone or in person. We can usually tell you over the phone if you have a good case. Call (509) 582-7274. Our attorneys will fight for you or your child to get fair compensation from a negligent dog owner. You pay nothing until your case settles.

Tri-Cities, Washington Law Office

Our Tri-Cities, Washington law office provides legal services to injury clients in and surrounding Tri-Cities, including clients injured in accidents in Kennewick, Pasco, and Richland, Washington. Visit or call our Tri-Cities office now. Parke Gordon LLC 8905 W Gage Blvd, #200 Kennewick, WA 99336 Phone:(509) 582-7274

Parke Gordon

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Tips for Dog Owners to Avoid Fees or Lawsuit

Tips for Dog Owners to Avoid Fees or Lawsuit

Tips for Dog Owners to Avoid Fees or LawsuitFor many Washington families, the dog is a part of the family. However, your four-legged friend could come with a high price tag for aggressive behavior that puts others at risk. Washington state law holds dog owners responsible for their dog’s actions. If your dog bites a person in a public location or even on your own property, you will be held accountable. It does not matter if you knew of the dog’s propensity to bite. This law is in place to protect others from suffering from dog bite injuries. Here are some tips for dog owners to avoid fees or lawsuit following a dog bite.

Tips for Dog Owners to Avoid Fees or Lawsuit

The best way to prevent a dog from attacking is putting he/she in a safe place where they will feel comfortable. You may also want to give significant warning to others about your dog’s aggressive behavior. Remain in control of your dog by:

  • Constraining the dog to your property.
  • Using a leash or kennel to restrain your dog.
  • Using a muzzle if necessary.
  • Posting visible signage to warn others of your dog.
  • Never leave your dog alone or unsupervised.
  • Avoid games that encourage your dog to act aggressively. For example, tug of war.
  • Have your dog spayed and/or neutered.

Washington Dog Bite Laws

As a dog owner, it is a good idea to familiarize yourself with all of Washington state’s dog bite laws. Read our dog bite injury page for a list of all Washington dog bite laws.

Dog Bite Attorneys in Kennewick

If you’ve been injured from a dog bite due to the negligence of the dog owner, contact the law experts at Parke Gordon Law Firm to handle your case. Our law firm will fight big insurance companies to get you a fair settlement. Call now for a free consultation at (509) 582-7274.

Tri-Cities, Washington Law Office

Our Tri-Cities, Washington law office provides legal services to injury clients in and surrounding Tri-Cities, including clients injured in accidents in Kennewick, Pasco, and Richland, Washington. Visit or call our Tri-Cities office now. Parke Gordon LLC 8905 W Gage Blvd, #200 Kennewick, WA 99336 Phone:(509) 582-7274

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Civil Rule 12 (c) – Motion for Judgment on The Pleadings

Civil Rule 12 (c) – Motion for Judgment on The Pleadings

Civil Rule 12 (c) – Motion for Judgment on The PleadingsMotion for judgement on the pleadings is handled as followed. Once the pleadings, the complaint and answer, in a civil litigation are filed, then either the plaintiff or the defendant can move for a judgment on the pleadings.  If the motion includes information not presented in the pleadings, then motion is treated as a motion for Summary Judgement and all parties are given an opportunity to present material information which is pertinent to the matter under Rule 56.  The court must consider as true every fact that is well plead by the nonmoving party. (Bailey v. Town of Forks, 38 Wn. App. 656 (1984).

For example, if you have filed an action in superior court regarding a dog bite you sustained because of the defendant’s dog, then once the defendant files an answer, the defendant could file a motion with the court asking the court to provide a judgement/determination of the case based on the complaint you filed as the plaintiff and on the answer the defendant filed as a response.

Parke Gordon Law Firm

Litigation in a personal injury case is complex. There are timing rules and local court rules that must be followed.  It is important that you have a knowledgeable and experienced attorney on your side throughout the process.  Parke Gordon Law Firm offers a free consultation to discuss your case with one of our experienced attorney’s today.  Call 509-582-7274 to get started with your personal injury case with a free consultation.  Whether in the beginning stages of the case or further along, the attorneys at Parke Gordon Law Firm are passionate in making sure that everyone, not just the big insurance companies have good representation on their side.

Civil Rule 12 (c) – Motion for Judgment on The Pleadings

(c)  Motion for judgment on the pleadings.  After the pleadings are closed but within such time as not to delay the trial, any party may move for judgment on the pleadings. If, on a motion for judgment on the pleadings, matters outside the pleadings are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in rule 56, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by rule 56.

Tri-Cities, Washington Law Office

Our Tri-Cities, Washington law office provides legal services to injury clients in and surrounding Tri-Cities, including clients injured in accidents in Kennewick, Pasco, and Richland, Washington. Visit or call our Tri-Cities office now. Parke Gordon LLC 8905 W Gage Blvd, #200 Kennewick, WA 99336 Phone:(509) 582-7274

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Washington Law Concerning Dangerous Dogs

Washington Law Concerning Dangerous Dogs

Dangerous DogsIf your dog has been found to be a dangerous dog, then you are required under Washington law to ensure control of your dog.  This can include ensuring that the dog is contained within a proper enclosure, maintained on a leash with a muzzle when outside of the proper enclosure, and maintaining proper liability insurance for keeping the dog.  If your dog has been found to be dangerous and is not property registered or outside of your control then your dog could be confiscated by your local animal control.

There may be additional local ordinances that have passed that you are required to abide by if you have a potentially dangerous dog or a dog that has been found to be a dangerous dog. You should contact your local animal control or city hall for more information on additional requirements to maintain control of your dog.

RCW 16.08.070: Dangerous dogs and related definitions.

Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 16.08.070 through 16.08.100.

(1) “Potentially dangerous dog” means any dog that when unprovoked: (a) Inflicts bites on a human or a domestic animal either on public or private property, or (b) chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, or any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or to cause injury or otherwise to threaten the safety of humans or domestic animals.

(2) “Dangerous dog” means any dog that (a) inflicts severe injury on a human being without provocation on public or private property, (b) kills a domestic animal without provocation while the dog is off the owner’s property, or (c) has been previously found to be potentially dangerous because of injury inflicted on a human, the owner having received notice of such and the dog again aggressively bites, attacks, or endangers the safety of humans.

(3) “Severe injury” means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.

(4) “Proper enclosure of a dangerous dog” means, while on the owner’s property, a dangerous dog shall be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top, and shall also provide protection from the elements for the dog.

(5) “Animal control authority” means an entity acting alone or in concert with other local governmental units for enforcement of the animal control laws of the city, county, and state and the shelter and welfare of animals.

(6) “Animal control officer” means any individual employed, contracted with, or appointed by the animal control authority for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the licensure of animals, control of animals, or seizure and impoundment of animals, and includes any state or local law enforcement officer or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal.

(7) “Owner” means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having control or custody of an animal.

RCW 16.08.080: Dangerous dogs—Notice to owners—Right of appeal—Certificate of registration required—Surety bond—Liability insurance—Restrictions.

(1) Any city or county that has a notification and appeal procedure with regard to determining a dog within its jurisdiction to be dangerous may continue to utilize or amend its procedure. A city or county animal control authority that does not have a notification and appeal procedure in place as of June 13, 2002, and seeks to declare a dog within its jurisdiction, as defined in subsection (7) of this section, to be dangerous must serve notice upon the dog owner in person or by regular and certified mail, return receipt requested.

(2) The notice must state: The statutory basis for the proposed action; the reasons the authority considers the animal dangerous; a statement that the dog is subject to registration and controls required by this chapter, including a recitation of the controls in subsection (6) of this section; and an explanation of the owner’s rights and of the proper procedure for appealing a decision finding the dog dangerous.

(3) Prior to the authority issuing its final determination, the authority shall notify the owner in writing that he or she is entitled to an opportunity to meet with the authority, at which meeting the owner may give, orally or in writing, any reasons or information as to why the dog should not be declared dangerous. The notice shall state the date, time, and location of the meeting, which must occur prior to expiration of fifteen calendar days following delivery of the notice. The owner may propose an alternative meeting date and time, but such meeting must occur within the fifteen-day time period set forth in this section. After such meeting, the authority must issue its final determination, in the form of a written order, within fifteen calendar days. In the event the authority declares a dog to be dangerous, the order shall include a recital of the authority for the action, a brief concise statement of the facts that support the determination, and the signature of the person who made the determination. The order shall be sent by regular and certified mail, return receipt requested, or delivered in person to the owner at the owner’s last address known to the authority.

(4) If the local jurisdiction has provided for an administrative appeal of the final determination, the owner must follow the appeal procedure set forth by that jurisdiction. If the local jurisdiction has not provided for an administrative appeal, the owner may appeal a municipal authority’s final determination that the dog is dangerous to the municipal court, and may appeal a county animal control authority’s or county sheriff’s final determination that the dog is dangerous to the district court. The owner must make such appeal within twenty days of receiving the final determination. While the appeal is pending, the authority may order that the dog be confined or controlled in compliance with RCW16.08.090. If the dog is determined to be dangerous, the owner must pay all costs of confinement and control.

(5) It is unlawful for an owner to have a dangerous dog in the state without a certificate of registration issued under this section. This section and RCW 16.08.090 and 16.08.100 shall not apply to police dogs as defined in RCW 4.24.410.

(6) Unless a city or county has a more restrictive code requirement, the animal control authority of the city or county in which an owner has a dangerous dog shall issue a certificate of registration to the owner of such animal if the owner presents to the animal control unit sufficient evidence of:

(a) A proper enclosure to confine a dangerous dog and the posting of the premises with a clearly visible warning sign that there is a dangerous dog on the property. In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog;

(b) A surety bond issued by a surety insurer qualified under chapter 48.28 RCW in a form acceptable to the animal control authority in the sum of at least two hundred fifty thousand dollars, payable to any person injured by the dangerous dog; or

(c) A policy of liability insurance, such as homeowner’s insurance, issued by an insurer qualified under Title 48 RCW in the amount of at least two hundred fifty thousand dollars, insuring the owner for any personal injuries inflicted by the dangerous dog.

(7)(a)(i) If an owner has the dangerous dog in an incorporated area that is serviced by both a city and a county animal control authority, the owner shall obtain a certificate of registration from the city authority;

(ii) If an owner has the dangerous dog in an incorporated or unincorporated area served only by a county animal control authority, the owner shall obtain a certificate of registration from the county authority;

(iii) If an owner has the dangerous dog in an incorporated or unincorporated area that is not served by an animal control authority, the owner shall obtain a certificate of registration from the office of the local sheriff.

(b) This subsection does not apply if a city or county does not allow dangerous dogs within its jurisdiction.

(8) Cities and counties may charge an annual fee, in addition to regular dog licensing fees, to register dangerous dogs.

(9) Nothing in this section limits a local authority in placing additional restrictions upon owners of dangerous dogs. This section does not require a local authority to allow a dangerous dog within its jurisdiction.

RCW 16.08.090: Dangerous dogs—Requirements for restraint—Potentially dangerous dogs—Dogs not declared dangerous.

(1) It is unlawful for an owner of a dangerous dog to permit the dog to be outside the proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of a responsible person. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal.

(2) Potentially dangerous dogs shall be regulated only by local, municipal, and county ordinances. Nothing in this section limits restrictions local jurisdictions may place on owners of potentially dangerous dogs.

(3) Dogs shall not be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time, was committing a wilful trespass or other tort upon the premises occupied by the owner of the dog, or was tormenting, abusing, or assaulting the dog or has, in the past, been observed or reported to have tormented, abused, or assaulted the dog or was committing or attempting to commit a crime.

RCW 16.08.100: Dangerous dogs—Confiscation—Conditions—Duties of animal control authority—Penalties and affirmative defenses for owners of dogs that attack—Dog fights, penalty.

(1) Any dangerous dog shall be immediately confiscated by an animal control authority if the: (a) Dog is not validly registered under RCW16.08.080; (b) owner does not secure the liability insurance coverage required under RCW 16.08.080; (c) dog is not maintained in the proper enclosure; or (d) dog is outside of the dwelling of the owner, or outside of the proper enclosure and not under physical restraint of the responsible person. The owner must pay the costs of confinement and control. The animal control authority must serve notice upon the dog owner in person or by regular and certified mail, return receipt requested, specifying the reason for the confiscation of the dangerous dog, that the owner is responsible for payment of the costs of confinement and control, and that the dog will be destroyed in an expeditious and humane manner if the deficiencies for which the dog was confiscated are not corrected within twenty days. The animal control authority shall destroy the confiscated dangerous dog in an expeditious and humane manner if any deficiencies required by this subsection are not corrected within twenty days of notification. In addition, the owner shall be guilty of a gross misdemeanor punishable in accordance with RCW 9A.20.021.

(2) If a dangerous dog of an owner with a prior conviction under this chapter attacks or bites a person or another domestic animal, the dog’s owner is guilty of a class C felony, punishable in accordance with RCW 9A.20.021. It is an affirmative defense that the defendant must prove by a preponderance of the evidence that he or she was in compliance with the requirements for ownership of a dangerous dog pursuant to this chapter and the person or domestic animal attacked or bitten by the defendant’s dog trespassed on the defendant’s real or personal property or provoked the defendant’s dog without justification or excuse. In addition, the dangerous dog shall be immediately confiscated by an animal control authority, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner.

(3) The owner of any dog that aggressively attacks and causes severe injury or death of any human, whether or not the dog has previously been declared potentially dangerous or dangerous, shall, upon conviction, be guilty of a class C felony punishable in accordance with RCW9A.20.021. It is an affirmative defense that the defendant must prove by a preponderance of the evidence that the human severely injured or killed by the defendant’s dog: (a) Trespassed on the defendant’s real or personal property which was enclosed by fencing suitable to prevent the entry of young children and designed to prevent the dog from escaping and marked with clearly visible signs warning people, including children, not to trespass and to beware of dog; or (b) provoked the defendant’s dog without justification or excuse on the defendant’s real or personal property which was enclosed by fencing suitable to prevent the entry of young children and designed to prevent the dog from escaping and marked with clearly visible signs warning people, including children, not to trespass and to beware of dog. In such a prosecution, the state has the burden of showing that the owner of the dog either knew or should have known that the dog was potentially dangerous as defined in this chapter. The state may not meet its burden of proof that the owner should have known the dog was potentially dangerous solely by showing the dog to be a particular breed or breeds. In addition, the dog shall be immediately confiscated by an animal control authority, quarantined, and upon conviction of the owner destroyed in an expeditious and humane manner.

(4) Any person entering a dog in a dog fight is guilty of a class C felony punishable in accordance with RCW 9A.20.021.

Kennewick Dog Bite Lawyer

If you have been injured by a dangerous or potentially dangerous dog, then the personal injury attorneys at Parke Gordon Law Firm are here to offer a free consultation to discuss your case. The attorneys at Parke Gordon Law Firm in Tri-Cities believe every client deserves an experienced and knowledgeable attorney on their side against the big insurance companies. Call 509-582-7274 today to speak with an attorney regarding your injury case for free.

Tri-Cities, Washington Law Office

Our Tri-Cities, Washington law office provides legal services to injury clients in and surrounding Tri-Cities, including clients injured in accidents in Kennewick, Pasco, and Richland, Washington. Visit or call our Tri-Cities office now. Parke Gordon LLC 8905 W Gage Blvd, #200 Kennewick, WA 99336 Phone:(509) 582-7274

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