Oregon Injury Lawyer Blog
Dogs are integral members of many families. They provide companionship, protection, and more to their humans. Unfortunately, dogs can also be dangerous. Even if a dog is of a breed generally considered non-violent, that dog is a powerful animal and may be capable of doing serious (and sometimes fatal) damage if it attacks. That is why owning a dog, while immensely rewarding, is also a massive responsibility. A dog placed in the possession of an irresponsible owner is a potential risk to all those around it. If you have questions about domestic animal attacks and Oregon liability law, you should speak to an experienced Oregon dog bite lawyer.
A fatal case from Southwest Oregon illustrates the harm that an out-of-control dog can cause.
According to the Josephine County Sheriff’s Office, a four-year-old girl died after a dog attacked her on August 16. Available details about the attack were sparse, but KOBI reported that the incident occurred at a residence in Cave Junction, approximately 30 miles southwest of Grants Pass. KOBI also indicated that the dog involved was a mix of Cane Corso, Rottweiler, and Pit bull breeds. A GoFundMe for the child’s family stated that the dog belonged to a neighbor.
Even though many details regarding the specifics of this attack are missing, the attack and the child’s tragic death should remind everyone of the profound responsibility that goes with keeping a dog. Even if a dog is not a member of a notoriously dangerous breed, like Pit bulls, it can still pose a potential danger if its owner does not train, control, and handle the animal properly. The need for careful training and handling is that much higher when the dog belongs to a breed known for its aggression, such as Pit bulls and Cane Corsos.
A dog owner who fails to control their animals properly can face significant legal liability for the harm those dogs cause. You may have heard of the “one bite” rule, and that Oregon law follows it. Many people believe this purported rule states that an owner can only be liable if they had advance knowledge that the dog was dangerous, such as having bitten someone previously.
The reality of Oregon law is more complex than that. Oregon law allows owners to be held liable for keeping a “potentially dangerous dog” that causes harm. The Oregon statutes define a potentially dangerous dog as one that:
- (a) Without provocation and while not on premises from which the keeper may lawfully exclude others, menaces a person;
- (b) Without provocation, inflicts physical injury on a person that is less severe than a serious physical injury; or
- (c) Without provocation and while not on premises from which the keeper may lawfully exclude others, inflicts physical injury on or kills a domestic animal.”
Animal Attacks and Strict Liability
Oregon law may allow an attack victim to hold the owner strictly liable (sometimes called liability “without fault”) if the owner had actual knowledge (or reasonably should have known) that the animal had a propensity for violent actions. This history does not have to include an attack. Even lesser behaviors, like a dog launching itself at people, may be sufficient to put the owner on notice and create strict liability. Additionally, a first-attack scenario may trigger a strict liability case if the dog belonged to a breed known to be aggressive or dangerous.
Neighboring Washington goes even further. That state’s statutes state that dog owners are strictly liable for all harm their animals cause, provided the victim did not provoke the dog and was in a place where they were allowed to be (i.e., not trespassing). That is true even if the dog had never displayed any tendencies toward violence before.
The experienced Oregon dog attack attorneys at Kaplan Law LLC have handled numerous domestic animal attack cases over the years. Owning a dog is a serious responsibility, and when someone gets hurt (or killed) because a dog owner did not meet those responsibilities, civil justice exists to help those who were injured. To learn more about your dog attack case and how we can assist you, call (503) 226-3844 today or contact us online to schedule your free consultation.
