Most states have a ‘strict liability’ dog bite law, which means that a dog owner can be held legally responsible or liable for a dog bite without the need to prove fault. Unfortunately, Oregon does not have the strict liability dog bite rule.

Instead, Oregon is among the handful of states that still follows the primeval ‘one-bite’ rule. In other words, you must be able to prove the following two things in order to recover compensation for an animal attack or dog bite in Medford, OR:

• The owner (or keeper) was aware or should have been reasonably aware that the animal was aggressive or dangerous, and
• The owner, in light of that knowledge, acted negligently, which resulted in injuries to you or a loved one.

However, this does not mean that you need to prove that a dog previously attacked another dog or person. Instead, you must prove or show that the dog has a propensity to aggression and is dangerous, putting a duty on the owner (or keeper) to prevent foreseeable harm to others by exercising ordinary care.

The experienced dog bite lawyers at Dwyer Williams Cherkoss in Medford will thoroughly investigate all aspects of your case.

We will look into the relevant records at animal control, hospitals and police to determine whether the dog had a history of attacks and/or is prone to dangerous behavior. We are also skilled at identifying and interviewing witnesses who could shed light on the past behavior of the dog.

Some serious injuries that may result from dog bites include the following:

• Infection

Dog bites can cause serious infections that include, but are not limited to, capnocytophaga, cellulitis, and pasteurellosis. It is important to identify the various signs of infection and get medical attention as soon as possible, if you believe you might be infected.

• Facial injuries

A dog bite victim can suffer grievous injuries to the face because of a dog bite. However, children are at a particularly high risk of such injuries. A facial injury can be life-altering, and may leave a person physically and emotionally distraught.

• Amputations

Some dog bites may damage the hand, finger, arm, toe, leg, or foot to an extent that it becomes necessary to amputate the infected or damaged portion. The risk of serious infection setting in can leave the doctors only with the option of amputation to prevent the infection from spreading.

• Nerve Damage

You can experience serious nerve damage because of the strong jaws and sharp teeth of dogs. Sometimes a full recovery may be possible. However, mostly the damages are permanent when an important nerve is severed.

• Scarring

Many dog bites result in lasting scars that may cause emotional suffering and require significant or protracted medical and surgical care.

• Death

In some severe cases, dog bites may result in death – particularly when a major artery gets ruptured due to the strong force of the dog bite or when an infection such as rabies sets in.

Dogs are prone to misinterpreting the sudden actions of children and adults as signs of aggression, which places them at a risk of dog bite injuries. However, dog owners in Medford, OR could be held liable for the actions of their pet and for the serious injuries that may be inflicted by the dog on someone.

It is vital to understand how to achieve legal compensation, if you or your child has been hurt because of a dog bite in Medford, OR. You should review the following aspects:

How the Medford Dog Bite Law Applies to Your Case?

There is a specific Oregon statute that applies to dog bite cases, even though most personal injury cases are governed by common law. The dog bite statute is relevant to your dog injury claim and recovery.

How Property Insurance of the Owner May Apply to Your Recovery?

The dog owner’s insurance in the form of renter’s insurance or homeowner’s insurance may be used to pay for your recovery, even if the recovery is not automatic. You will need to prove certain things to claim compensation for your damages.

Who to Report the Dog bite or Attack?

The injury should be reported to the local authorities in Medford as well as the dog owner as soon as possible.

What to do When Bitten by a Dog?

You must seek immediate medical attention upon being bitten by a dog and then consult with a dedicated dog bite attorney in Medford, Oregon.

What Should You Not Do When Bitten by a Dog?

It is crucial that you don’t delay medical treatment or negotiate directly with a homeowner after being bitten by a dog. You may consider filing a dog bite lawsuit, if a fair settlement is not achieved through negotiations.

A child was bitten on the hand by a neighbor’s dog in Westberry v. Blackwell. The child went inside to complain to his mother, and when the mother tried to walk past the dog to get to her car, she was bitten on the leg as well.

An Oregon court looked past the One Bite Law and allowed the case to go ahead because once the child was bitten on the hand, the owner was expected to have known the dangerous propensities of the dog and the dog’s capacity to attack, in spite of the very short period of time that elapsed between the first and second bite.

In another case, Medlyn v. Armstrong, an Oregon dog bite lawyer was able to place liability on the dog’s owners for their otherwise gentle dog, when the dog bit a child on the face, even though the dog had never bitten anyone before.

The child went near the dog while the animal was eating and did not provoke the animal in any way or try to snatch his food. However, the lawyer was able to call witnesses who testified that the normally placid dog was prone to aggression while eating.

To this effect, the owners had a legal duty to know about their dog’s behavior. Many people think that Oregon dog bite laws should be rewritten to hold dog owners more accountable.

However, one thing is absolutely certain that you will require the services of a competent Medford dog bite attorney if you or someone you know has been attacked by a dog in order to help you through the intricate maze of Oregon dog bite laws.

The attorneys at Dwyer Williams Cherkoss will investigate the facts of your dog bite incident thoroughly to establish the “how and why” of your dog bite injuries. More specifically, we will help you by compiling the following evidence, among other things:

• Photos
• Witness statements
• Police report
• Surveillance video footage
• Medical records
• Testimony of experts
• Animal control records

We are adept at consulting with medical, forensic, and dog behavior experts who can help establish the facts of your case.

We will also help in building an accurate estimate of the extent to which the dog bite has impacted your life, including calculating your past and future medical expenses and the effect on your ability to earn income.

Our goal is to prepare the strongest possible case in order to acquire the leverage to negotiate with the insurance company and be prepared to take the case to court, if needed.

The bottom line is that while you focus on healing from a painful and traumatic dog bite experience in Medford, we take care of every legal aspect of your case and fight on your behalf for the compensation you rightfully deserve.