Oregon's ‘One Bite’ Rule

Most US states hold owners liable for dog bites, even if there is no prior evidence suggesting their dog to be a potentially dangerous animal. This is known as the ‘strict liability’ rule.

However, Oregon follows a ‘one bite’ rule or negligence rule.

In Bend, OR, an owner cannot be held liable for dog bites or injuries to another person, if the owner did not know, nor had reason to know, that their dog might act aggressively.

The owner, is however, considered ‘on notice’ after the first injury or bite has occurred, and the owner may be held liable for successive injuries.

This one bite law in Oregon applies to both dog bites and any other kind of injury that may be caused by a domestic dog. For instance, if a large dog knocks over a pedestrian on the sidewalk, the same rules that apply to dog bites shall apply to the dog owner in this case.

Potential Defenses in Dog Bite Claims

A dog owner in Bend, OR facing a dog bite lawsuit may raise one of the following defenses:

• Provocation
• Lack of prior knowledge
• Trespassing

Many owners choose to claim that they did not know and had no reason to believe that their dog was a ‘potentially dangerous’ animal, taking advantage of Oregon’s ‘one bite’ rule.

An owner cannot be held liable under the law for dog bite injuries or any other dog behavior if they had no prior knowledge of the dog’s aggressive nature.

Oregon’s dog bite statues clearly specify that an owner cannot be held liable and their dog cannot be termed as ‘potentially dangerous’ if any injuries occur because the dog was provoked. The injured person will have the responsibility to bear the entire costs of such injuries suffered, if they were the ones who provoked the dog.

Oregon dog bite law also specifies that liability may not apply, if at the time of incident, the dog was present on its owner’ property and the injured person was trespassing the property.

What if You Cannot Prove an Owner’s Knowledge or Obligation That the Dog Was ‘Potentially Dangerous’?

Even if a dog bite victim is unable to prove that the owner had prior knowledge of the dog’s dangerous nature, they may still pursue a claim for dog owner’s negligence.

Dog owners are still required by the Oregon statute to prevent the animal from causing injuries by exercising reasonable care. The owner can be sued and possible jailed if the owner intentionally allowed the dog to attack a person, or if the owner’s negligence led to a personal injury.

You do not have to prove any previous bites or injuries by the dog, if you are able to show that an owner was negligent and did not exercise reasonable care to prevent the dog bite or dog attack.

What Damages Can You Recover in a Dog Bite Lawsuit?

The potential recovery in a Bend, Oregon dog bite lawsuit may include the following:

• Medical expenses, including emergency care, hospitalization, and follow-ups
• Expenses for psychological therapy to treat emotional trauma
• Cost of reconstructive or plastic surgery
• Pain and suffering
• Loss of wages
• Reduced earning capacity
• Diminished quality of life
• Disability
• Disfigurement
• Wrongful Death

Strict Liability in Dog Bite Cases in Bend, OR

Typically, a dog owner in Oregon is strictly liable for all injuries caused by the dog, only if they were aware or had reason to know of the animal’s dangerous propensities.

Hence, an owner shall be held liable, if after viewing the evidence, a jury reasonably concludes that the dog owner’s had knowledge or had reason to be aware of the dog’s dangerous tendencies.

Ultimately, to find an owner strictly liable for a victim’s dog inflicted injuries, the victim in Bend, Oregon must prove:

1. The dog was in possession of the owner
2. The dog’s abnormal dangerous propensities according to its breed
3. The dog owner was aware or had reason to know about these abnormally dangerous propensities
4. The victim’s injuries were as a result of these abnormally dangerous propensities

The dog owner is liable, if the victim proves each one of these elements successfully, even if the dog owner exercised the utmost care to prevent the dog from inflicting any injuries.

Negligence in Dog Bite Cases in Bend, OR

A dog owner may still be subject to liability for harm caused by the animal, even if they did not know or had reason to know that their animal is abnormally dangerous. However, this will be applicable only if:

• they are negligent in preventing the harm
• they intentionally cause the animal to do harm

Certain key questions for the jury in such situations are: whether or not the dog owner exercised ordinary care to prevent the dog from causing harm, and whether the dog owner acted as any other reasonable person would have, in the given situation.

A dog bite victim must prove the following, to ultimately prevail in a negligence-based dog bite claim in Oregon:

1. The dog was in the owner’s possession
2. If the dog was not controlled or confined, the dog owner had knowledge or should have known, about the dog’s propensities to cause harm to the victim
3. The dog owner failed to prevent the dog from causing injury to the victim by not using reasonable care

Statute of Limitations in an Oregon Dog Bite Lawsuit

Oregon’s personal injury statute of limitations sets a time limit for an injured person to file a lawsuit after an injury.

Following a dog bite, the injured person has two years to file a lawsuit with the local branch of Oregon's civil court system. The injured person will most certainly lose the chance to bring the case to court, if the case is not filed within two years.