Washington Injury Lawyer Blog

From what I can tell, Washington's dog bite statute, RCW 16.08.040 hasn't been changed since 1941, and well, it shows. With the prevalence of severe dog attacks and bites increasing, it sure seems like our dog bite statute should be stronger and broader. Here's the Washington statute:

RCW 16.08.040
Dog Bites - Liability.

The owner of any dog which shall bite any person while such person is in or on a public place or lawfully in or on a private place including the property of the owner of such dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the owner's knowledge of such viciousness.

The Washington Dog Bite statute is written in terms of "The owner of any dog" which could be much broader. Case law has helped a bit by expanding this to include harborer or keeper of the dog but there's no reason this change shouldn't be codified. RCW 16.08.040 also limits liability under this statute to an actual dog "bite". Other states, including Arizona, have a much broader dog bite statute. The Arizona dog bite statute, ARS 11-1020 states:

11-1020. Dogs; liability

Injury to any person or damage to any property by a dog while at large shall be the full responsibility of the dog owner or person or persons responsible for the dog when such damages were inflicted.

For months now I have been sending clients a letter warning them of the perils of using social media. Honestly, very little good can come of it. Like many things in life, words and pictures can be taken out of context. Although there are certainly things posted on Facebook where the context is very clear! What happens in Seattle, should sometimes stay in Seattle.... Regardless of whether or not a person is engaged in litigation, why in the world would you want to post so many private details for the entire world to see. I suppose there is some physiological reason for it that I'm not bright enough to figure out. Although I'm sure that John Smith's exciting night out in Everett was quite something to see....

So how do you handle an interrogatory like this one?

Within the last ten years have you created, maintained, or posted a listing in/or have an account with Facebook, LinkedIn, YouTube, Twitter, MySpace, Word Press, Blogger or any other social networking or blogging device, application, or services? If so, identify:

a) The website address;

b) Your name, email address, log-in and/or user identification for the site;

c) Your Password;

d) Any other necessary information to obtain access to the site;

e) Whether you were previously "friends" or otherwise linked to the profiles of _________ and _________; and

f) The names of any other individuals who have allowed you to access to their passwords and accounts on such websites.

ANSWER:

Ok, and the answer is...OBJECT! There is no way in hell I would provide this information short of a Judge telling me to provide it. Instead of asking for bank statements, I guess the defense is just going to ask for your online banking username and password. How arrogant must one be to send out a rog like this? (Rhetorical question...) Clearly this interrogatory is unduly burdensome and overly broad:

Objection. The request is unduly burdensome, expensive or oppressive in that it would require undue expense, investigation, research, or compilation of information in the possession of non-parties equally accessible to the parties.

I believe that the only information they should have access to is public information. If it's a public Facebook or Twitter post, go for it. They don't need you to provide it. They can go get it themselves. If they want your client's private posts, well they better have some basis as to how this information is reasonably calculated to lead to admissible evidence and isn't just an overly broad fishing expedition.

If we are going to reign in these oppressive discovery tactics, we need to take it on with full force. Don't agree to anything like this and make the defense fight for it. They can fight these little skirmishes while we win the war.

Most people are aware that pit bulls are a dangerous breed, but persoanally, I would rather be bitten by a pit bull than a Caucasian Shepherd. Admittedly, I knew nothing about this breed until after a client was recently involved in a very severe and vicious attack in the Seattle/Everett area.

Caucasian Shepherds are also known as Kavkazskaya Ovcharka and Caucasian Mountain Dog/Sheepdog among other names. This breed is one of the oldest in the world and originally worked protecting livestock on the slopes of the Caucasus Mountains in Russia and Georgia. They are very aggressive and very protective. These dogs were used by the East Germans to guard the Berlin wall and also guard against their own citizens attempting flee.

The Caucasian Shepherd has a vicious temperment, is very powerful and massive, a deadly combination if you are on the receiving end of an attack. Because they are so protective, they will not obey anyone they do not believe are superior to themselves. Usually they will only obey their master. Remember, that regardless of the breed, exercise great caution around dogs that you are not familiar with. A dog bite is a very painful injury, and is usually comprised of not only bite wounds, but very severe tear wounds as well. Knowledge is one of the keys to avoiding this terrible situation.

Yet another pit bull attack in Seattle. According to the Seattletimes.com, 71 year old Huong Le was severely attacked and mauled by two pit bulls when she was just feet from her SeaTac home where she works as live-in caregiver. Le spent more than 10 hours in surgery Monday at the trauma center at Harborview Medical Center, where surgeons worked to preserve her hearing and reattach her ears, both of which had been ripped from her head. Her jaw was broken and her right arm and wrist were crushed beyond complete repair.

Both of the pit bulls had to be shot by deputies in order to save Le. The owner of the pit bulls also owned two other pit bulls which were seized. This is a very sad, but at the same time, infuriating situation. While I don't want to stereotype the breed, at least 95% of the dog bite cases I have ever handled have involved pit bulls. This isn't a coincidence. All of these savage attacks have occurred because the owners were completely irresponsible and likely just didn't care that their dog(s) could severely injury or kill a person. These dogs have to be kept in a very secure enclosure.

Last Friday in Moses Lake, a pit bull (imagine that), pushed open a gate to get to Alex Medina. Alex by the way, is 6 years old. Alex was bitten on the face and head before the pit bull was pulled off. Doctors reattached his nose and ears, but he still faces more surgeries. The dog was not licensed and the owner had no record of rabies vaccine.

Whether you are out walking at Green Lake in Seattle, or at your neighbor's house, how often have you heard don't worry, my dog won't bite? While this may be true for many dogs, owners sometimes under appreciate just how dangerous their dog may be, especially to children. In the United States, dog bite victims requiring medical treatment average 800,000 annually. And sadly, children make up 50% of the victims.While most injuries from dog attacks are not fatal, on average, a dozen people die each year due to vicious dog attacks.

It is the responsibility of dog owners to control their pets, especially those owners who choose to own larger breeds such as Pit Bulls, Rottweilers and German Shepherds. Generally, the larger the dog, the greater the chance of serious injuries occurring during an attack. While dog owners need to ensure that their dogs are securely confined on their property and properly socialized, all of us have to do our part to not become a victim.

We need to be aware of our surroundings and children especially, need to be made aware of the danger associated with dogs. Is there a neighbor on your street that routinely lets their dog run loose or doesn't have the ability to confine the dog to their property? Do you or your children visit friends and family with a dog or dogs? Even your aunt's dog that has always been very good with children, can attack if provoked.

Make sure that your children respect dogs and other animals and know not to tease or harass them. Talk with the neighbor that is letting their dog run loose and request that they become a responsible dog owner by properly confining their dog. Finally, listen to cautions by dog owners. But remember, even if you're told don't worry, they won't bite, you need to use your own judgment to protect yourself from potentially, a very serious injury.