Eugene Dog Bite Attorney
More than 4.5 million Americans suffer a dog bite every year. What is worse, children within the age group 5 – 9 years account for the majority of these dog attacks.
The wounds are often inflicted around the neck, face, and head area, which can result in permanent and disfiguring scars. More than 27,000 people in the US undergo reconstructive surgeries in any given year as a result of dog bites.
Many of these dog bites happen right here in Eugene, OR when a friend’s dog becomes aggressive, a neighbor’s dog gets loose, or the dog of a passer-by goes out of control. The resulting wounds, infections or injuries may be life-changing.
You probably have questions surrounding the incident, if you have been injured in a dog attack in Eugene. How did the injury occur? Why did the dog become violent? What can you do now to get the necessary medical care? And finally, how can you obtain the financial recovery that you may rightly deserve?
The experienced and qualified attorneys at Dwyer Williams Cherkoss in Eugene have an in-depth understanding of the complex nature of Oregon’s ‘one-bite law’. They can help you recover both economic and non-economic damages for your trauma, medical bills, pain and suffering arising out of a dog bite in Eugene, OR.
"For over 52 years I have been protecting the financial future of personal injury victim's in Oregon by fighting for maximum compensation in every case." - Roy Dwyer
Recent Dog Bite Lawsuit in Eugene
A former Eugene couple is being sued by a dog trainer, who suffered substantial facial injuries after being attacked by a pit bull in 2016.
Kimberly Thompson, the dog trainer alleges in the lawsuit that she was evaluating the 5½-year-old pit bull owned by Govinda Mondavi Hogan and Sabrina Renata Maahs at their home when she was attacked by the dog without warning.
The lawsuit states that Thompson underwent emergency facial reconstruction surgery after the incident on Sept. 9th, 2016. The victim describes that the bite ripped away a significant portion of her mouth and caused seriously debilitating injuries to other parts of her face, including chin, lips, and teeth.
Eugene police confirmed that officers responded with a visit to the couple’s home after Thompson was bitten by the dog at 4700 block of Manzanita Street. Hogan claims that he was bitten on the mouth as well, while struggling to pull off the dog from the victim. Police confirmed that Hogan was bitten.
Hogan confirmed that he had warned Thompson of his dog previously biting one of his friends, and also that the dog’s aggression was likely to get triggered when someone stood face-to-face or towered over.
Hogan said that Thompson pulled the dog’s leash and got face-to-face, when the dog attacked her. He claimed that the dog did exactly what they had warned Thompson about, and that she basically provoked him.
He also added that before the incident, the pit bull rescue organization in Portland had ‘strongly recommended’ Thompson to be able to help with the animal. Hogan said the pit bull developed aggressive tendencies after being bitten by other canines at the age of 3 or 4.
However, the victim’s lawsuit asserts that Thompson was not specifically informed by Hogan and Maahs of the dog’s ‘propensity to attack or bite’.
The lawsuit identifies Thompson as the dog’s trainer. But a police spokeswoman said on record that Thompson contacted the authorities in April 2017 to inform that she was not a dog trainer and that Hogan and Maahs had not made her aware of the dog’s bite history before she visited their home.
Thompson’s lawsuit has been filed in the Lane County Circuit Court. She asserts that her scars from the attack are permanent and that she has suffered from high emotional trauma from the incident.
New Law for Unlicensed Dogs in Eugene
Under a new city law which took effect May 31st, 2018, the city of Eugene has doubled down on making unlicensed dogs unwelcome in the downtown area.
It is now mandatory for a dog owner to obtain a valid dog license that certifies their canine to be vaccinated for rabies. The license should always be attached to the dog’s collar or harness.
Eugene has always required residents to license their dogs throughout the city. However, a loophole allowed 5 days for newly arrived residents to license their dogs in downtown.
This new law has put an end to the five-day exemption and allows police officers to enforce the licensing requirement on an immediate basis with people who come to Eugene with their dogs and hang around downtown. The fine for any violation of this law is $125.
Downtown is bordered by the Eighth Avenue to the north, Lincoln Street to the west, 10th and 11th avenues on the south and Pearl Street to the east.
To help people continue getting free meals, the area adjacent Food forLane County’s Dining Room at 270 W. Eighth Ave. is exempt from the law. The local nonprofit Pro-Bone-O helps homeless people secure free license for their dogs by offering vaccinations, as stated by city officials.
Officials also said that ending the five-day licensing exemption is an attempt at improving public safety because dogs are frequently close to people downtown, especially in the summer months.
The city’s first attempt at making downtown safe for public failed, as the blanket ban on dogs in downtown Eugene expired last year and the council allowed it to lapse following a trial period.
The total ban had resulted in reducing dog-related complaints downtown, and many residents and employees said they felt much safer. However, some city residents and councilors criticized the complete ban for unfairly targeting homeless people.
The City Council approved this new Eugene law unanimously on May 29th, 2018. The law was signed by Mayor Lucy Vinis two days later. A public hearing drew four speakers on the proposed law, out of which three supported it.
Potential Damages in Eugene Dog Bite
Unfortunately, Oregon law has no provisions for recovering damages based on emotional trauma arising out of a dog attack.
However, it is relatively simple to establish real economic damage, like medical bills and possible lost wages occurring due to a dog bite. It can often become difficult for the dog attack victims to determine the full extent of the damages on their own.
It takes the expertise of skillful dog bite attorneys to evaluate the potential damages correctly. Dwyer Williams Cherkoss in Eugene, OR has a team of talented dog bite lawyers who will provide you accurate legal advice and help you pursue a rightful legal claim.
The qualified dog bite attorneys at Dwyer Williams Cherkoss are committed to protecting the legal rights of dog bite victims in Eugene and elsewhere in Oregon.
How hard is it to Sue for Dog Injury in Eugene?
It is not really hard to sue for a dog injury in Eugene. In fact, the dog bite laws in Oregon are designed to protect the victims and ensure that they receive compensation for any injuries arising out of the dog owner’s negligence.
But the key question is to what extent a dog owner might be held liable for their dog’s bite injury. This is where you will need the strategic expertise of a skilled dog bite lawyer to make an appropriate legal claim and take it to its logical conclusion.
The ‘One Bite’ Law in Eugene, OR
The current Oregon dog bite laws are the same as they were July 4th, 1776, when America retained most of the laws of England prevalent at that time.
‘One Bite Law’ is at the center of the current statute in Oregon. It states that if the dog owner knew or had reasons to know about their dog’s dangerous propensities, then they are strictly liable for the injuries caused by the animal.
In other words, if a dog that has attacked and bitten a victim has no previous record of ever having attacked anyone, and the owner claims no knowledge of the animal’s dangerous propensities, then the owner may not be held legally liable for damages.
Many American states have dropped this primordial statute. However, Oregon has faithfully kept it on the books, which makes it more difficult for the average Eugene dog bite lawyers to obtain legal compensation for the victims.
Fortunately, as with most other laws, there are certain exceptions to the One Bite Law. However, these are limited and can be tricky for a less experienced attorney. On the other hand, a reliable and impressive Eugene dog bite lawyer will focus on making the best possible use of the exceptions available under the law.
For instance, a dog owner in Eugene can be held liable for the injuries inflicted by his dog on another person, if:
- The owner intentionally encouraged or caused the dog to attack and bite.
- The owner was negligent in preventing the dog from causing harm.
- The animal trespassed onto someone else’s property to attack and injure the victim.
It can be more complicated and difficult to prove that the owner knew about their dog’s dangerous propensities in advance, especially if the dog belongs to a breed, which is not normally considered dangerous (like spaniels, Labradors, beagles, collies, and other similar breeds).
The law in Oregon does not expect the dog owner (in normal circumstances) to know in advance of the first bite – if their animal has never shown a tendency to get aggressive even with other dog breeds.
Similarly, a dog owner who refers to their pet as a guard dog, through written signage or verbally, is also not expected under normal circumstances to know that the animal is dangerous or may bite.
However, the law in Oregon is a more severe with owners of dogs that are known to belong to a dangerous breed. The owners of such animals could be held liable for damages, if they knew or had reason to know of the dog’s dangerous propensities – even if they took adequate precautions to prevent the animal from attacking someone.
Liability for Dog Attack in Eugene
Barring the ‘one bite rule’, the dog owner in Eugene is legally responsible for the actions of their dog and the damage or injury caused by such actions. However, other parties might also be held liable, if any of the following statements hold true:
- The dog owner’s landlord was aware about the dog’s dangerous propensities and failed to do anything about it.
- The dog was under the care and control of someone other than the dog owner.
- The dog was on another’s property, and the property owner was negligent in removing the animal from the premises.
In some situations in Eugene, harborers and keepers of dogs may also be liable as the legal owner of the dog, if the dog causes injury while in their care. Harboring a dog refers to a person giving shelter or refuge to a dog. Keeping a dog means taking care, custody and control of the animal.
Some of the jurisdictions in Oregon have specific rules regarding harboring and keeping a dog. A dog injury may hold more than one person liable, if the dog had more than one owner.
The parents of a minor are legally liable if the minor (who is under the age of 18) owns and cares for the dog. Children cannot sue their parents for negligence as per the ‘parental immunity’ doctrine.
You may be liable for the injuries caused by a stray dog, if you allow the dog to be on your property. You may not have many legal options when a dog injures you at work. Mostly, employees are not able to sue, but may file a claim for workers’ compensation.
Sometimes lawsuits can be complicated and confusing when they are based on the finer points of the Oregon dog bite statute, instead of the owner’s straightforward negligence.
Seek Legal Help from an Experienced Eugene Dog Bite Law Firm
Dog bite cases in Eugene, Oregon could differ from a typical personal injury lawsuit and will require the expertise of a dog bite lawyer who understands the nuances to successfully fight for fair and rightful damages that you deserve.
Get in touch with the accomplished Eugene dog bite attorneys at Dwyer Williams Cherkoss for a free, no-obligation, and confidential consultation. Call today on our toll-free number 1-800-285-8678 to learn more.