| Washington State House of Representatives Office of Program Research |
BILL ANALYSIS |
| Judiciary Committee | |
HB 3179
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
Title: An act relating to provocation as a defense for dog bites.
Brief Description: Limiting provocation as a defense for dog bites.
Sponsors: Representative Ross.
Brief Summary of Bill |
|
Hearing Date: 2/4/08
Staff: Sarah Silbovitz (786-7119) and Lara Zarowsky (786-7123).
Background:
Dangerous dogs and potentially dangerous dogs are regulated under state law and may also be
regulated by local ordinance. A dangerous dog is one that: (1) inflicts severe injury on a human
without provocation; (2) kills a domestic animal while off the owner's property; or (3) is already
declared a potentially dangerous dog due to injury to a human, and again bites, attacks, or
endangers the safety of humans. A dog cannot be declared dangerous for inflicting injury on a
person who was committing a tort on the owner's premises, tormenting the dog, or committing a
crime.
A potentially dangerous dog is one that, when unprovoked: (1) bites a human or domestic
animal; (2) chases a person in public or approaches a person in public in a menacing fashion; or
(3) has a known propensity to attack, cause injury, or threaten the safety of humans or domestic
animals. Potentially dangerous dogs are regulated only at the local level.
When a dog inflicts injury on a person, the dog owner is liable for damages. However, proof that
the dog was provoked is a complete defense in an action for damages by an injured person.
Provocation is not defined under state law but is defined by some local ordinances. For
instance, Seattle's municipal code provides that a dog is provoked if it is being physically abused
or if a reasonable person would believe that the animal, in response to an assault, is defending
itself, its owner, or another person in the vicinity. An animal is not considered provoked if the
injured person who provoked the animal is less than six years old.
Summary of Bill:
The defense of provocation is not available in an action for damages by an injured person when
the injured person is a child under the age of six, and at the time of the attack, the dog is running
at large, or is on the property of a person other than the dog owner without the property owner's
express or implied permission.
Appropriation: None.
Fiscal Note: Not requested.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.