Switching Dog Bite Lawyers in Washington

Can I change lawyers on a Washington dog bite case?

Yes. You can end the relationship at any time, and Washington RPC 1.16 requires the lawyer to withdraw when discharged. A short letter or email is enough if no suit is filed. If one is, the new firm files the substitution. See our Washington switching page for the general steps, or our letter template if you want to send the notice yourself.

Dog bite cases should be fairly simple on liability in Washington. If yours has dragged on, ask your lawyer what the holdup is. Often it’s insurance coverage or a provocation argument, and both can be worked through.

If you want the general answer first, read switching personal injury lawyers.

Washington’s dog bite statute

Under RCW 16.08.040, the owner of a dog that bites a person in a public place, or while the person is lawfully on private property, including the owner’s property, is liable for the damages. That is true regardless of whether the dog was vicious before or whether the owner knew about it. There is no “first bite” free pass under the statute.

Two related sections set the limits:

• RCW 16.08.050 says you are lawfully on private property if you are there with the owner’s express or implied consent. Consent is not presumed when the property is fenced or reasonably posted.
• RCW 16.08.060 makes proof that the injured person provoked the attack a complete defense.

Because provocation is a full defense under the statute, how the bite happened matters a lot. Witness statements and any video of the moments before the bite carry real weight.

What the statute does not cover

The statute’s text speaks of a dog that “shall bite.” Injuries where a dog knocks someone down or causes a fall without biting may need a different legal theory, such as negligence. The statute also runs against the dog’s owner. Claims against a landlord, a dog sitter or a business may depend on other rules. A new lawyer should look at whether every possible defendant and theory has been considered, not just the owner under the bite statute.

The statute uses the word owner. If the dog was being walked by a friend, kept by a relative, or living with a tenant, figuring out who legally owned it can take some work. License records, vet bills and adoption papers usually answer the question. A new lawyer should not assume the person holding the leash is the owner.

What a new lawyer has to catch up on

• Who owns the dog. Get the license, registration or animal control record showing ownership.
• Insurance. Homeowner’s and renter’s policies are the usual source of payment. Some exclude certain breeds or dogs with a history. Find out early which policy applies and whether a coverage letter has come in.
• The animal control file. Reports, quarantine records and any prior complaints or dangerous dog findings about this dog.
• Medical proof. Wound photos taken over time, ER and plastic surgery records, and scar documentation. Scarring cases often need photos at several stages of healing.
• Emotional injury. Many victims, especially children, develop fear of dogs. Counseling records support that part of the claim.

When a dog bite case should not be taking this long

Because the owner’s liability under the statute does not depend on the dog’s history, many Washington bite claims hinge mostly on ownership, insurance and how bad the injury is. If your case has been open a long time with little news, ask your lawyer:

• Has the owner’s insurer confirmed coverage or denied it in writing?
• Is anyone claiming provocation, and what is our answer?
• Do we have the animal control report?
• Has a scar or plastic surgery consult been done, and is future treatment priced in?
• What is the next step, and when?

For a child with facial scars, waiting to settle until the healing picture is clearer can be the right call. That is different from a case nobody is working on. If you can’t tell which one you have, a second opinion can help.

Evidence that fades after a dog attack

Fresh wounds look very different from healed scars, so early photos are hard to replace. Neighbors who saw the attack may be reluctant later, especially if they know the owner. Doorbell and security cameras on the street can record over the footage. And if the dog is surrendered or moved, records about its history may become harder to trace. If your current lawyer hasn’t collected these, it’s worth asking why.

Deadlines and children

The general deadline to sue in Washington is three years under RCW 4.16.080(2). Many dog bite victims are children. For a child, RCW 4.16.190 generally keeps the clock from running until age eighteen, but the parents’ own claim for medical bills may follow a different timeline. Don’t assume a child’s case can wait. If a city or county agency is responsible for the dog or the place of the attack, a claim form generally has to be presented first under RCW 4.96.020, with a 60-day wait before suing. The bite statute itself does not apply to the lawful use of a police dog. A new lawyer should confirm the date of the bite and calendar every deadline in the first week, since a switch does not pause any of them.

Cost of switching

If you bring your dog bite case to us, your fee does not increase. The first lawyer’s claim for the value of their work is paid from our fee, not added to yours. Costs they advanced, like records fees, are normally repaid from the recovery. If we recover nothing, you owe nothing. A settlement you already signed a release on is generally final, and we can’t reopen it.

Sources

1. Washington RPC 1.16, declining or terminating representation (courts.wa.gov)
2. RCW 16.08.040, dog bite liability (app.leg.wa.gov)
3. RCW 16.08.050, when a person is lawfully on private property (app.leg.wa.gov)
4. RCW 16.08.060, provocation defense (app.leg.wa.gov)
5. RCW 4.16.080(2), three-year limit for injury actions (app.leg.wa.gov)
6. RCW 4.16.190, tolling for minors and incapacity (app.leg.wa.gov)
7. RCW 4.96.020, local government claim and 60-day wait (app.leg.wa.gov)