Dogs may be man’s best friends, but they don’t always behave that way. Sometimes, due to mistreatment or other causes, our canine companions can bite people of all ages, and when that happens in the state of Oregon, dog bite law comes into play. This is the field of law that outlines dog bite victim rights and dictates how dog bite cases play out.
Let’s take a deep dive into dog bite laws in Oregon, explaining how these laws apply, who should be held liable in the case of a dog bite injury, the statute of limitations for dog bite injuries in Oregon, and so on. By the end, you should have a much clearer picture of how Oregon dog attack laws work.
Oregon Dog Bite Law Overview
Victims of dog bites in Oregon may claim compensation under the state’s special dog bite statute, which states that victims are entitled to claim for economic losses, like medical bills or loss of income. This statute is in place to protect those who may be victims of dog bites from dogs of neighbors, family members, friends, or strangers.
Explanation of Oregon’s Dog Bite Statutes
To go a little more in-depth, it’s important to understand that, according to the dog bite statute in Oregon, only economic loss compensation can be claimed in the majority of cases. For more comprehensive compensation, victims will have to prove negligence on the part of the dog’s owner, or violation of some sort of animal control law, which can be much more complicated.
Liability for Dog Bites
Next, let’s explore how Oregon dog bite law addresses the subject of liability. In other words, here’s how the state determines who should be held responsible (and how responsible they are considered) in the cases of dog bites.
Strict Liability for Dog Bites
Laws for dog bites in Oregon operate on a strict liability system. In other words, Oregon dog bite liability is always and automatically ascribed to the owner of the dog in question. There is no way for the owner to evade responsibility if their dog bites someone, even if they argue that they weren’t aware of the dog’s aggressive nature or took steps to protect people from bites.
Indeed, the law states:
- The plaintiff does not need to prove that the owner had any knowledge or expectation of their dog biting
- The owner may not argue that they couldn’t have predicted their dog would bite
In other words, there is no way for owners not to be held responsible.
Exceptions to Strict Liability
Strict liability is just like it sounds – strict. That means there are almost no exceptions to this aspect of Oregon dog bite law. However, there may be some cases where a defendant, with the aid of their dog bite attorneys, could argue that the plaintiff provoked their dog, triggering the bite and potentially making them liable, not the owner.
Negligent Dog Owners’ Liability in Oregon
Laws for dog bites in Oregon also state that a dog owner may be held liable for all of a victim’s losses if it was the owner’s negligence that allowed the dog bite to occur. For example, if the owner knew that their dog was dangerous but failed to take proper precautions to warn or protect the victim from any risk of biting.
Proving negligence, however, can be a challenge. Portland personal injury lawyers have to find evidence to show that the owner’s actions (or lack thereof) directly led to the incident occurring. It’s also worth noting that this negligent liability rule applies not just to bites, but scratches, trips, and other dog-related injuries.
As another example, we could imagine a situation where a huge and strong dog hasn’t been properly restrained by the owner and then bites someone. In that case, it would be up to the victim’s dog bite attorney in Oregon to show that the owner was negligent and failed to hold the dog back well enough.
Another important element of this law is that, if you can prove the owner was negligent, then the victim can claim more than just economic damages. They can request a more comprehensive compensation package, including money to cover the costs of their mental suffering related to the incident.
Statute of Limitations for Oregon Dog Bite Cases
Dog bite cases fall under general personal injury laws in Portland, so the statute of limitations for dog bites is the same as it would be for most cases of personal injury, and that’s two years. In other words, a victim will have two years from the date on which the bite occurred to file their lawsuit in court.
This is a critical part of dog bite regulations to acknowledge and understand because if you get bitten by a dog but then fail to file your claim in time, you’ll almost certainly miss out on any opportunity to claim damages or receive any kind of compensation. For that reason, it’s best to act fast and contact our skilled personal injury lawyers as soon as possible after a bite.
The One Bite Rule in Oregon
Another important element of dog bite laws in Oregon is the so-called “one bite rule”. This applies in situations of dog bites where the dog has previously been shown to be aggressive and dangerous. In other words, it’s used in cases where the owners are aware that their dogs are likely to bite someone and fall into the category of “abnormally dangerous.”
Abnormally dangerous dogs are defined as those that tend to bite or attack, even without any kind of provocation. Other elements of dog behavior, like running around and accidentally tripping someone or biting when provoked or hurt, wouldn’t be classed as “abnormal”, but a dog that bites people regularly can be seen as abnormal.
The one-bite rule means that owners of dogs who have a history of biting will automatically be held strictly liable if their dog goes on to injure them. And despite the name, a dog doesn’t have to have bitten someone once before to count as abnormally dangerous. It only has to have displayed aspects of dangerous behavior that the owner is aware of.
The idea behind this law is simple: if owners see that their dogs are more likely to be dangerous or bite people, they should take extra special care to prevent such incidents. If they fail to do so, they’re exhibiting negligence for possible victims and should therefore be held strictly liable. It all revolves around the owner’s knowledge of their dog’s tendencies.
Criminal Charges for Oregon Dog Owners
So, what can happen to the owner of a dog that bites someone?
Well, the worst-case scenario is when the owner is found guilty of breaching Oregon’s state law against maintaining dangerous dogs. If the dog in question falls into the “dangerous” category and the owner’s negligence allowed an attack to happen, then the owner risks a range of possible criminal penalties.
These penalties may include:
- Up to one year in jail
- A fine of up to $6,250
However, in cases where a dog attack causes a death, the owner may face even more severe charges of up to five years behind bars and fines up to $125,000. The dog will also be euthanized if the owner is found guilty of a felony or misdemeanor. On top of this, the owner may also be asked to pay restitution to victims for all damages caused by their animal.
Legal Defenses for Oregon Dog Owners
While the risks for negligent dog owners are quite high, they still have a right to defend themselves and tell their side of the story. There are cases where owners can avoid penalties and payments if they can show that they were not responsible for the bite or that their dog was provoked in some way.
Some common legal defenses for owners include:
- The dog was provoked by the victim
- The owner was being assaulted and the dog responded to defend them
- The victim was trespassing on the owner’s property
- The victim ignored clear warnings and precautions (like fences)
The likelihood of the owner being successful in their defense depends on numerous factors, like the specifics of the case in question and the strength of their lawyer’s argument. This is why it’s always wise for both sides – victim and defendant – to work with the best possible lawyers and build up their defenses.
How Can You Receive Compensation From A Dog Bite Personal Injury Claim?
The best way to make a claim and receive compensation after suffering a dog bite is to work with trusted legal professionals. Personal injury lawyers in Portland will be able to help you navigate the complexities of the case and the legal system, understand your rights, and take the appropriate steps to help you file your claim correctly and gather evidence.
The more evidence you have on your side, the easier it will be to prove your claim and receive compensation. It also helps to have lawyers who have proven track records of handling dog bite cases in the state of Oregon, as they’ll be knowledgeable and informed about dog bite laws and know exactly how to handle that kind of case.
Dog bite cases are often unpleasant and complex, but Oregon laws are in place to protect victims and hold owners responsible for the actions of their animals. With a good lawyer on your side, you can receive the compensation you deserve after suffering a bite or other dog attack.
