Washington State “Dog Chew Statute” holds pet owners strictly responsible for damages brought on by injuries caused by their own dogs. The expression “strictly liable” implies that the pet owner is liable whether or not the proprietor knew concerning the dog’s harmful propensities and whether or not the proprietor did something wrong. To enforce strict liability underneath the law, you merely must satisfy the elements from the statute.
But there’s another basis to keep a pet owner liable with regard to damages brought on by the canine. In Washington your dog owner may also be held responsible for damages underneath the common regulation. In this particular chapter We explain exactly what “common law” indicates and what sort of dog proprietor can be obligated to pay for damages even though the terms from the “Dog Chew Statute” can’t be met.
What’s “Common Law”?
Within our system associated with government, laws are often created within two methods. The very first way is actually when chosen representatives write a law after which enact this. At their state level, this entire body of representatives is known as the “legislature. ” The actual Washington condition legislature produces laws referred to as “statutes. ” In the local or even city degree, the is often known as the “city council” also it can produce laws referred to as “ordinances. ” In the county degree these laws might be called “codes. ” The actual “Dog Chew Statute” is a good example of a law developed by the Wa state legislature.
The 2nd way which laws could be created is with the courts. This really is also known as “judge-made law” or even more accurately, the actual “common regulation. ” Basically, the “common law” describes a entire body of law that’s created through the decisions or even opinions associated with judges. These judge-made decisions should be followed as well as enforced through the lower legal courts, often known as trial legal courts. A top judge-made regulation is also known as “precedent” just because a lower courtroom must adhere to the decision as well as enforce this in additional cases along with similar truth patterns.
The courts are just permitted to determine issues associated with law in line with the narrow group of facts prior to it. The legal courts cannot help to make law depending on hypothetical details. This implies that the typical law may take many years to build up. As an effect, the typical law might be created inside a patch-work style. At occasions, seemingly sporadic or contrary laws could be reached through two various courts once the facts from the case tend to be nearly similar or comparable. The application from the common law could be much much less predictable because the facts providing rise towards the laws might be slightly various in following cases. The existence of the new truth or the actual omission of the small fact inside a new situation can produce new conditions or changes within the common regulation addressing that one issue.
You should understand how the state legislature may enact the law which overrules or even changes the most popular law on the particular topic. This may only occur when the legislature’s law is decided to end up being constitutional, the industry question left as much as the legal courts. For instance, by enacting the actual “Dog Chew Statute, ” the actual Washington condition legislature basically supplemented or put into the typical law by developing a new reason for action so long as the aspects of the law are fulfilled.
In Wa, there is really a body associated with judge-made regulation (or even common regulation) that’s been created through the years with regard to legal responsibility of pet owners for accidental injuries or damage inflicted through their canines. The “common law” legal responsibility of pet owners is much more fully described below.