Other Criminal Charges & Offenses Dog bite

D

Doobis

New Member
Jurisdiction
Washington
If someone came to my house while I was not home and let my dogs out, who then ended up biting someone when I arrived and was getting out of the car, can I be held criminally responsible?
 
Doobis said:
can I be held criminally responsible?
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I'm in a very charitable mood today.

I rarely do this, but I'll do your schoolwork for you, gratis.

As my wonderful wife always and regularly tells me, I'm a peach of husband and all around "nice guy"!!!

I doubt very much that criminal liability would attach based upon your hypothetical.

It also depends on just who released your mutt, and what relationship the mutt releaser has to you.

Was she/he your spouse?
Is she/he your daughter/son?

However, the dog bite victim would be able to sue you civilly for injuries and medical treatment related to the dog bite.

The victim would also be able to sue civilly the unnamed, clown who released your mutt!!!
 
Criminally? I can't conceive of any crime that you might have committed.

Civilly? Maybe. Washington appears to impose strict liability on a dog owner for injuries to others caused by a dog. However, I have a hard time believing that the circumstances you described wouldn't give rise to a valid defense (strict liability doesn't mean absolute liability).

Why do you ask?
 
Here is the WA dog bite statute.


And a comprehensive review of WA dog bite law.

Washington (State) Dog Bite Law

A dog bite victim in the State of Washington can recover compensation under a special statute and the doctrines of negligence, negligence per se, scienter, and intentional tort. Overview of Washington law pertaining to liability for dog bites Common law liability (the one-bite rule) Negligence...
dogbitelaw.com dogbitelaw.com
 
zddoodah said:
Criminally? I can't conceive of any crime that you might have committed.

Civilly? Maybe. Washington appears to impose strict liability on a dog owner for injuries to others caused by a dog. However, I have a hard time believing that the circumstances you described wouldn't give rise to a valid defense (strict liability doesn't mean absolute liability).

Why do you ask?
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I ask because that exact scenario happened at the place I live. I am not the owner but I am just as close to the dog as the owner is. Anyhow she had left to go shopping and I remained at the property, another tenant was getting ready to leave when her daughter in law pulled into the property. The daughter in law was intimidated by the dog so when I saw her pull onto the property I personally and physically put the dog inside of the residence. I then went to my neighbor's place for about an hour and a half and by the time I came back out the incident had happened. To make matters worse for my roommate who's place and dog it is, the social worker has told the victims mother if she didn't press charges they would take her kids for neglect

zddoodah said:
Criminally? I can't conceive of any crime that you might have committed.

Civilly? Maybe. Washington appears to impose strict liability on a dog owner for injuries to others caused by a dog. However, I have a hard time believing that the circumstances you described wouldn't give rise to a valid defense (strict liability doesn't mean absolute liability).

Why do you ask?
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Doobis said:
I ask because that exact scenario happened at the place I live. I am not the owner but I am just as close to the dog as the owner is. Anyhow she had left to go shopping and I remained at the property, another tenant was getting ready to leave when her daughter in law pulled into the property. The daughter in law was intimidated by the dog so when I saw her pull onto the property I personally and physically put the dog inside of the residence. I then went to my neighbor's place for about an hour and a half and by the time I came back out the incident had happened. To make matters worse for my roommate who's place and dog it is, the social worker has told the victims mother if she didn't press charges they would take her kids for neglect
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In other words, an invited guest let the dogs out. That's different than just a random someone...
 
Doobis said:
I ask because that exact scenario happened at the place I live. I am not the owner but I am just as close to the dog as the owner is. Anyhow she had left to go shopping and I remained at the property, another tenant was getting ready to leave when her daughter in law pulled into the property. The daughter in law was intimidated by the dog so when I saw her pull onto the property I personally and physically put the dog inside of the residence. I then went to my neighbor's place for about an hour and a half and by the time I came back out the incident had happened. To make matters worse for my roommate who's place and dog it is, the social worker has told the victims mother if she didn't press charges they would take her kids for neglect
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Social worker? From Child Protective Services?
If so, how did they get involved in this? Was a child bitten?
What kind of dog is this?
How did it get back out after you placed it in the house?
 
justblue said:
Social worker? From Child Protective Services?
If so, how did they get involved in this? Was a child bitten?
What kind of dog is this?
How did it get back out after you placed it in the house?
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Good catch - it was a minor that was attacked.
 
Doobis said:
I am not the owner but I am just as close to the dog as the owner is. Anyhow she had left to go shopping and I remained at the property, another tenant was getting ready to leave when her daughter in law pulled into the property. The daughter in law was intimidated by the dog so when I saw her pull onto the property I personally and physically put the dog inside of the residence. I then went to my neighbor's place for about an hour and a half and by the time I came back out the incident had happened.
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OK...so you and the owner of the dog both live in some sort of apartment building or triplex or some other sort of multi-family residence. It seems like you and the dog's owner are roommates. The dog was, for whatever reason, not in the residence, and the dog owner wasn't home. A non-resident legally came to the property and you (apparently without being asked, put the dog inside the residence. Sometime in the next 90 minutes or so, the dog got out of the house and bit a child. Is that an accurate summary?


Doobis said:
To make matters worse for my roommate who's place and dog it is, the social worker has told the victims mother if she didn't press charges they would take her kids for neglect
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What social worker? If there was a crime committed (and, as I wrote previously, I don't see it), it will be up to the district attorney to press charges or not. Apparently, the mother of the child who was bitten is already on the radar of social services, because there's no way a parent would be at risk of losing her children solely because one of them was bitten by a loose dog.

In any event, if you and your roommate have renters insurance, you need to let the insurer know about this potential claim.
 
zddoodah said:
OK...so you and the owner of the dog both live in some sort of apartment building or triplex or some other sort of multi-family residence. It seems like you and the dog's owner are roommates. The dog was, for whatever reason, not in the residence, and the dog owner wasn't home. A non-resident legally came to the property and you (apparently without being asked, put the dog inside the residence. Sometime in the next 90 minutes or so, the dog got out of the house and bit a child. Is that an accurate summary?




What social worker? If there was a crime committed (and, as I wrote previously, I don't see it), it will be up to the district attorney to press charges or not. Apparently, the mother of the child who was bitten is already on the radar of social services, because there's no way a parent would be at risk of losing her children solely because one of them was bitten by a loose dog.

In any event, if you and your roommate have renters insurance, you need to let the insurer know about this potential claim.
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Bingo the mother had gotten a DUI with her kids in the car awhile back so that why a social worker was there at the hospital and told her about filing a police report or lose your children.
 
Doobis said:
Bingo the mother had gotten a DUI with her kids in the car awhile back so that why a social worker was there at the hospital and told her about filing a police report or lose your children.
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I'm sorry also your summary of the facts were correct. My roommate owns the property and rents an RV spot out to the grand mother of the victim. When her daughter in-law pulled into the property her mother in law was still there but on her way to leaving. The dog hangs out outside when we are there however I was leaving so I put the dog inside. The two of them talked and the grandmother left as I did. For whatever reason the daughter in law stayed.
 
Zigner said:
Good catch - it was a minor that was attacked.
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The mother of the girl that was bit had an open DUI case where her kids were in the car that's why a social worker got involved. As for who let the dogs out of the house I do not know who it was and no one has asked that as a pertinent question. The dog is part pitbull part Labrador or something like that.
 
Doobis said:
I'm sorry also your summary of the facts were correct. My roommate owns the property and rents an RV spot out to the grand mother of the victim. When her daughter in-law pulled into the property her mother in law was still there but on her way to leaving. The dog hangs out outside when we are there however I was leaving so I put the dog inside. The two of them talked and the grandmother left as I did. For whatever reason the daughter in law stayed.
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Right - invited guest.
 
Doobis said:
The mother of the girl that was bit had an open DUI case where her kids were in the car that's why a social worker got involved. As for who let the dogs out of the house I do not know who it was and no one has asked that as a pertinent question. The dog is part pitbull part Labrador or something like that.
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Okay. Hopefully the Pitbull's owner has put the aggressive dog down. Dogs that attack children should be put to sleep.

Next time, and there will be a next time, this dog could kill a child.
 
Doobis said:
Bingo the mother had gotten a DUI with her kids in the car awhile back so that why a social worker was there at the hospital and told her about filing a police report or lose your children.
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Filing a police report is quite a different thing than pressing charges. There's certainly no reason for the woman not to request that the police take a report of the incident.
 
justblue said:
Okay. Hopefully the Pitbull's owner has put the aggressive dog down. Dogs that attack children should be put to sleep.

Next time, and there will be a next time, this dog could kill a child.
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The dog has been given up to be put to sleep after it's quarantine. Not an easy thing to do especially considering the dog was put away. I do however agree with his fate.
 
I previously wrote a threat about a dog bite and questioned whether or not I could be criminally charged. I received many replies all of which led me to believe that they probably couldn't or wouldn't. The update is I have now been charged and I'm wondering where do I look for specific case law on dog bites in order to help my situation? This dog has never been deemed to be dangerous or even had a call on it. So this is the first incident to have happened and I put the dog down.
 

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