Whether you or a family member has suffered a dog bite, you may be dealing with unexpected medical bills, emotional distress, and pain and suffering. Although many people often think of a dog bite as a relatively superficial wound, some victims suffer extensive injuries that can take weeks or months to heal properly.
No matter what led to your injuries, understanding Oregon’s dog bite laws can help you understand your options and choose the best path forward. This article explains Oregon’s stance on dog attack liability, damages you may be able to recover, and steps to take after being injured.
Oregon’s Two-Path Approach to Dog Bite Liability
Oregon law applies both strict liability and negligence principles, depending on the circumstances of the case. Under ORS 31.360, strict liability applies if a dog causes someone to be injured while in a public place or while lawfully on private property.
In Oregon, the one-bite rule also does not apply in cases where the victim was attacked in a public place. In such instances, the dog owner is liable for the victim’s injuries and economic damages, regardless of whether they had prior knowledge of the dog’s aggressive behavior.
If the bite occurred on the owner’s property or when strict liability does not apply, the victim must show that the owner was negligent and failed to act with proper care. Under Oregon law, dog bites are handled differently from injuries caused by other animals.
When Is a Dog Owner Strictly Liable in Oregon?
The Portland city code requires that dogs be on leashes in public areas. Any violations of the leash law strengthen victims’ liability claims. Under ORS 31.360 requirements, Oregon’s strict liability is broken down into two parts: the injury was caused by the dog, and the victim was in a public area or lawfully on private property. Individuals considered “lawfully on private property” often include guests, emergency responders, postal workers, and delivery drivers. The legal statute ensures that dog bite victims do not need to prove that the owner knew the dog was dangerous.
Strict liability may provide compensation for out-of-pocket losses, but punitive damages are awarded only when there is additional evidence of negligent or reckless conduct.
Oregon’s Dangerous Dog Designation
ORS 609.098 allows Multnomah County animal control to designate a dog as “dangerous” or “potentially dangerous.” Once an animal is designated as a dangerous dog, the owner is also subject to additional obligations such as keeping the dog in a secure enclosure, wearing a muzzle in public, and mandatory liability insurance.
If a designated dangerous dog causes injury, the victim may have a stronger legal basis to pursue a claim. If you are bitten by a dangerous dog in the Portland metro area, the case will be investigated by Multnomah County Animal Services. Oregon statute ORS 609.095 also imposes criminal penalties for owners whose dangerous dogs cause serious injuries to victims.
What Damages Can Dog Bite Victims Recover in Oregon?
Dog bite victims frequently suffer severe injuries that may require extensive medical treatment and necessitate taking time off work. Accordingly, dog bite victims are eager to recover economic and non-economic damages.
Some of the most common damages recovered in dog bite cases include:
- Medical expenses: Emergency room, rabies and infection treatment, surgery, and reconstructive surgery.
- Lost wages and loss of earning capacity.
- Pain and suffering (Oregon does not impose a cap on non-economic damages in personal injury cases).
- Scarring and disfigurement, particularly in cases involving significant facial bites.
- Emotional distress: Many dog bite victims, especially children, suffer from PTSD and have experienced anxiety around animals, which often results in the need for expensive psychological treatment.
- Property damage for torn clothing or other personal items damaged in the attack.
Parents can also file claims on behalf of injured minors. Child dog bite cases often result in victims recovering greater non-economic damages due to the trauma they have endured.
Defenses Dog Owners May Raise
If you or a loved one has been injured in a dog attack, knowing the defenses available to a dog owner can help you better understand your legal options. Some of the defenses dog owners commonly raise include:
- Trespassing: Strict liability laws do not apply if you were unlawfully on private property.
- Provocation: If you provoked the dog, any damages you may recover can be reduced or eliminated.
- Comparative negligence (ORS 31.600): Oregon subscribes to a modified comparative negligence, which dictates that your recovery may be reduced if you are found to be partially at fault. Examples include approaching a chained dog or ignoring warning signs.
- Assumption of risk: Although this is a limited defense in Oregon, it may apply in specific circumstances, such as in cases involving veterinary professionals.
Steps to Take After a Dog Bite in Portland
If you have been bitten by a dog in the Portland area, there are several essential steps that you must take to protect yourself.
- Identify the dog and its owner. Obtain the owner’s contact information and copies of veterinary records for rabies vaccination.
- Seek medical attention immediately, as dog bites carry a high risk of infection.
- Be sure to preserve the clothing you were wearing during the attack and any other evidence that you feel is important to your case.
- Report the bite to Multnomah County Animal Services. County code requires dog bites to be reported to the appropriate authorities.
- Thoroughly document your injuries by taking photos of your wounds during all healing stages.
- Do not provide a statement to the dog owner’s homeowner’s insurance without consulting with an experienced Oregon dog bite lawyer.
The Oregon statute of limitations (ORS 12.110) allows dog bite victims up to two years from the date of the bite to file a lawsuit.
If you have sustained injuries, you need a Portland dog bite attorney who can act as your legal advocate. Tillmann Law offers free evaluations to determine which legal options best suit your needs. Contact our law firm today at (855) 503-5035 to schedule a free consultation.
