Does Dog Breed Affect Dog Bite Lawsuits?


No matter how tiny the attack, dog bites are painful. In some circumstances, you might sustain severe or even catastrophic injuries. Thankfully, rules are in place to safeguard those who the dog has bitten. One option for compensation is to file a personal injury lawsuit. It makes sense that some people would like to know how a dog’s breed would affect a dog bite case. Does the breed type have any positive or negative effects on litigation? 

Breed-specific legislation (BSL) in some states may impact your legal claim. However, a new law that eliminates breed-specific restrictions was recently passed in Washington. Dog bite cases are frequently highly complicated. Therefore, you need Khan Injury Law.

Does a dog bite lawsuit depend on the breed of dog?

You may be a point of discussion, whether a pit bull or a poodle bit. The breed should not matter regarding liability in Washington because towns and counties are no longer required to ban specific breeds outright. What matters is if the dog owner is accountable under Washington’s dog bite legislation.

If the alleged victim does not instigate the dog, dog owners are responsible for any harm their dog creates in the open or on their premises. The law is straightforward to understand. The Washington dog bite legislation does not care what breed the dog is.

It is crucial to realize that you do not necessarily need to have visible skin injury from the dog bite in order to file a claim for damages.

Restrictions on homeowner’s insurance

According to Washington law, the municipality or county cannot prohibit a homeowner or citizen from keeping a specific breed, but their insurance provider might decline to insure them. If no coverage applies, it may affect your lawsuit and your ability to obtain compensation.

Different insurance companies prohibit various dog breeds. There is not a published, exhaustive list that covers the entire sector.

A few typical dog owner defenses

That insurance company will zealously protect their insureds in dog bite lawsuits should not come as a surprise. The exposure and responsibility are not what the insurance company wants. These can be pricey claims to defend, based on the extent of your wounds and anticipated future medical expenses. Therefore, you should anticipate that the dog owner or their health insurer will use every available legal defense.

The following are some of the most typical defenses raised by defendants in dog bite cases:

  • The victim was largely or entirely to be blamed for the dog bite; 
  • the victim voluntarily took a chance of getting hurt; 
  • the plaintiff was trespassing at the moment of the attack.