Oregon Dog Bite Laws

According to an American Pet Products Association survey, about 86.9 million homes in the U.S. have a pet. Dogs were recorded to be the most popular, with three-quarters of households nationwide owning at least one canine. In Oregon, specifically, where 37.8% of households have a dog, being devoted to one’s animal companion is not uncommon. This is because the state ranks high in terms of dog owners’ willingness to spend money to save their pets’ lives.

Considering the rising popularity and the important role of dogs across the country, it is important for their owners to learn their responsibilities and rights. In Oregon, dog bite laws have been designed to uphold public safety and hold pet owners accountable when necessary. These laws cover various guidelines, and people who own dogs or may come into contact with them have a duty to be aware of them.

In that regard, this article explores the fundamental components of dog bite laws in the state, together with the available legal options and resources for victims.

Dog Owner Responsibilities in Oregon

Dog owners in Oregon have specific responsibilities to ensure a safe and peaceful community. These rules include:

• Maintaining sanitary conditions in public spaces by cleaning up after their dogs.

• Taking necessary precautions to avoid potential harm and property damage caused by dogs.

• Providing proper training to avoid dogs making loud noises that may disturb peace in the community.

• Complying with local requirements by ensuring proper dog licenses.

In Oregon, there are no statewide leash laws, but owners should also take note of county- and city-specific regulations in order to prevent dog bites or attacks that may lead to injury. Certain places also strongly impose a regulation on leashes.

The Waterfront Park in downtown Portland, for example, has a zero-tolerance policy. Dog owners caught with their dogs unleashed in the park will face consequences without notice. These include a $50 fine for the first offense and up to $150 in penalties for subsequent infractions.

Dog owners are expected to fulfill the responsibilities listed above. If issues arise as a consequence of disobedience, there are numerous approaches toward a solution. For instance, the neighbor of a person with a loud dog may choose to first discuss the pet’s behavior to give the dog owner a chance to address the problem.

Liability Standards in Oregon Dog Bite Cases

Oregon adheres to the one-bite rule, which means a dog owner may not be held accountable the first time their pet bites someone if they are not aware of the danger their dog poses. However, after the first record of a dog attack is made, they will have to be responsible for future bite incidents.

Nevertheless, Oregon law makes it clear that a dog owner cannot use lack of foreseeability as a defense if there is reason to believe that their dog is dangerous even before biting someone for the first time. As such, a victim does not need to prove that a dog owner could possibly anticipate the incident that led to their injury.

The law also states that a person may be held liable if it is proven that a dog bite incident was caused by their negligence. Instances of negligence include letting a dog run unleashed in public places that strictly impose leash regulations.

To prove that a dog owner’s negligence resulted in a dog bite, the following elements must be established:

• Duty of care: A dog owner’s duty of care is to keep people and other animals safe from their pets.

• Breach of duty: A breach of duty occurs when a dog owner disregards safety measures involving their pet.

• Causation: A direct relationship between a dog owner’s breach of duty and a dog bite incident must be established.

• Damages: Following a dog bite, the victim suffered losses such as medical expenses, lost wages, and pain and suffering.

Statute of Limitations in Oregon for Dog Bite Cases

The statute of limitations for dog bite claims in Oregon is set out under the personal injury category. In accordance with state law, a plaintiff can file a lawsuit within two years of a dog bite. If they fail to initiate legal action within this timeframe, they may not be able to recover damages from the liable party since the case is likely to be dismissed by the court.

In order to be properly compensated, it is crucial for victims to hire a dog bite lawyer who can assist them with the entire legal process within the statute of limitations.

Civil Penalties for Dog Bites in Oregon

Unlike other states, Oregon requires at-fault parties in dog bite cases to pay only economic or monetary damages to the victims if negligence did not cause the incident. These damages include medical bills, nursing and healthcare service costs, missed wages, repair costs for damaged property, and expenses from substitute domestic services.

Meanwhile, non-economic damages can be recovered by the victim if a dog bite stems from the pet owner’s negligence. Examples of non-economic damages are pain and suffering, mental anguish, and loss of consortium. For these, the calculation of the compensatory amount is different since it depends on the surrounding circumstances and the severity of the injuries. As such, it is best to find an experienced Oregon dog bite lawyer who can assess the value of a dog bite case and handle negotiations.

Criminal Penalties for Dog Bites in Oregon

Dog owners are not merely subject to civil penalties but can also face criminal charges for keeping a dangerous dog, in accordance with Oregon law. As further outlined in the state legislation:

• Keeping a dangerous dog is punishable and considered a Class A misdemeanor.

• It is considered a Class C felony when a person’s dangerous dog kills someone.

• A dangerous dog will be subject to humane killing if it causes severe injury to a person and its owner or keeper violates the law that prohibits maintaining a dangerous dog.

In addition to fines and sentences, dog owners in Oregon may have to pay for the expenses of their dog’s impoundment.

Reporting and Handling Dog Bite Incidents

In Oregon, any individual, including animal owners, veterinarians, physicians, animal control personnel, and law enforcement officials, is required to report incidents of dog bites involving rabies to the local health department within one working day. 

Victims of dog bites may suffer from severe conditions if they lack the knowledge on how to handle the aftermath of the incident. Some immediate steps they must take include:

• Seeking immediate medical care to prevent potential infections. 

• Documenting injuries and gathering relevant documents, like medical records and treatment receipts, that can be used to support a claim.

• Asking for the names and addresses of the dog owner, witnesses, and those who had custody of the dog at the time of the incident.

• Reporting the dog bite incident to local authorities to create an official record in case of future legal action.

• Speaking to a dog bite lawyer who can aid in navigating the legal process, handling negotiations with insurance companies, and collecting necessary documents like medical records and police reports on behalf of victims.

How To Find a Dog Bite Attorney in Oregon

It is in one’s best interest to get assistance from a lawyer who specializes in dog bite cases to recover recompense for any incurred injuries and losses. Plaintiffs may check directories for dog bite lawyers to learn about their background and experience, which may significantly impact the outcome of their case. With the help of an attorney with expertise in the field, victims would be able to increase their chances of maximizing their compensation through tried and tested legal strategies.

Other Resources for Dog Bite Victims in Oregon

Oregon Law Center Pro Bono Program

Oregon Law Center is a legal aid organization that assists people at no cost. Its pro bono program helps Oregonians facing financial struggles in different areas, such as medical care. Its volunteer attorneys handle civil cases under personal injury law, which may include lawsuits concerning dog attacks. Victims may reach the organization by phone or through its local offices.

Oregon Law Center is led by a board of directors, of which more than half are appointed by state and local bar associations. It is backed by a state support unit comprising five experienced lawyers who collaborate closely with legal professionals throughout Oregon.

Contact Information
Address: 813 SW Alder St, Ste. 500, Portland, OR 97205
Phone number: (503) 295-2760

Legal Aid Services of Oregon

LASO is a nonprofit that serves low-income individuals in the state. Those who have incurred injuries due to other people’s negligence, such as dog bite victims, may seek help from the organization. Its volunteer attorneys provide legal counsel and representation to eligible individuals to help them recover just compensation for their losses. LASO operates eight regional offices.

Contact Information
Phone number: (800) 520-5292

Oregon Chapter of the Federal Bar Association - Federal Law Clinic

The federal law clinic under the Oregon Federal Bar Association serves self-represented parties pursuing civil cases in federal court. It provides litigants with a 30-minute consultation with an attorney before they proceed to represent themselves. The clinic’s volunteer lawyers handle various legal areas, including constitutional law, civil rights, and administrative law.

Contact Information
Email address: Admin@fedlawclinic.org

Oregon Free Legal Answers

Free Legal Answers is an online platform assisting eligible Oregon residents with civil legal questions. Its volunteer attorneys offer advice and guidance on various topics, such as health, consumer rights, housing issues, and juvenile law. This initiative operates under the American Bar Association’s Standing Committee on Pro Bono and Public Service.

OHSU Trauma Center

The OHSU Trauma Center offers a program to the people of Oregon who have suffered traumatic experiences following a severe injury. It manages a community called the Trauma Survivor Network to help them ease the anxiety and frustration they are experiencing. Individuals who want to participate may visit its website and register to become a member.

Contact Information
Email address: trauma@ohsu.edu
Phone number: (503) 494-8311