Dog Bite Lawyer Medford, Oregon
Domesticated animals have become a significant part of the human lifestyle. But like all good things, keeping a pet comes with a downside. Millions of people in the United States are bitten by pet dogs each year, and Medford, OR is no exception.
A review by the local health departments regarding animal bites reported that about 2,000 people suffer injuries in Oregon each year due to animal attacks. Two-thirds of these injuries in the state occur due to dog bites.
If you have suffered a dog bite in Medford, Oregon, you probably have a number of unanswered questions.
Why did the dog attack suddenly and why did it single you out? What should you do regarding your medical bills? How can you obtain financial recovery that you rightfully deserve?
The lawyers at Dwyer Williams Cherkoss in Medford, OR understand the seriousness of the injuries you suffered and recognize your pain, emotional trauma, and economic losses. We are here to help you work your way through this difficult time.
For years, we have represented victims of dog bite injuries in Medford, among other personal injury victims. Our experienced and skilled Medford dog bite attorneys have the knowledge and resources to help ensure a successful outcome in most cases.
"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
What is Medford’s ‘One-Bite’ Rule?
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.
Laws in Medford for Dog Inoculation against Rabies
There are strict laws in Medford, OR to ensure that dog owners inoculate their dogs against rabies.
Every dog with permanent canine teeth or who is six months or older, unless specifically exempted by rule of the Oregon Health Authority or the State Department of Agriculture, must be inoculated against rabies. The owner of the animal must bear the costs of all such inoculations.
An evidence of inoculation consisting of a certificate issued and signed by the veterinarian shall be issued to the owner of the dog by every veterinarian that inoculates a dog against rabies. The Oregon Health Authority shall prescribe the form of the certificate.
Note: Medford, Oregon has another unique local law that prohibits all barking which results in the disturbance to the people in the vicinity.
What Kind of Serious Injuries Result From Dog Bites in Medford
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.
How to Achieve Recovery in Your Dog Bite Claim in Medford?
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.
How Does a Dog Bite Case Work in Medford?
Dog bite lawsuits are not automatic and it is your decision, whether you want to pursue a claim or not. However, before you make a decision, it is fundamental to know how dog bite lawsuits work in Medford.
Here is everything you need to know:
- Dog bite lawsuits cannot be brought by everyone in Medford, OR. You may have a legal standing to file a dog bite lawsuit only if you were the victim of the dog bite, or you are filing on behalf of your child or any other dependent that was injured by the dog.
- Dog bite lawsuits are under statute of limitations. The Oregon statute of limitations gives you two years to file a dog bite lawsuit. However, there may a few exceptions to this general rule.
- You must collect evidence around the dog bite injury. Photographs from the accident scene and of your injuries may be important to build your case. On top of this, testimony of the eyewitnesses and copies of your medical records will also help.
- Your own actions may be of utmost relevance. Even if you were partly responsible for the dog bite accident, you may still be able to recover partial compensation under Oregon law.
- Both eyewitnesses and expert witnesses are important because they may provide crucial testimony about the cause of the dog bite and the nature of your injuries.
- It is important to seek legal advice from an experienced dog bite attorney in Medford, OR who can fight for your rightful recovery of damages.
- In many cases, a settlement may be reached with the insurance company prior to the case going to the court. However, you need to be aware of what your case is worth and adopt the right legal approach to reaching a fair settlement in order to protect your rights.
If your child has been bitten by a dog, then protecting the rights of your child is equally critical. It is up to you as a parent to make sure that your child gets the best possible medical care. It is also your duty to ensure that your child’s legal rights are fully protected.
A Quick Review of the Past Dog Bite Cases in Oregon
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.
Damages in a Dog Bite Lawsuit in Medford, OR
You have the right to pursue full and fair compensation if you or a loved one has been injured due to a dog owner’s negligence. The compensation may include:
- Loss of wages (past and future)
- Complete medical costs (present and future)
- Pain and suffering
You must keep in mind that recovery in many cases for a dog bite attack is sought through homeowner’s insurance and the dog owner’s personal assets.
Unfortunately, insurance companies have a history of contending that a dog bite victim’s own negligence contributed to their injuries. For instance, an insurer may argue that the victim provoked the dog or ignored ‘beware of dog’ warnings and brought on the attack.
It is important to work with a competent dog bite law firm in Medford that will challenge any such claims of negligence.
Why Should You Hire a Medford Dog Bite Lawyer to Help You?
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.
Choose the Best Medford Dog Bite Attorneys for Your Claim
The judicious and established dog bite attorneys at Dwyer Williams Cherkoss in Medford are prepared to get working on your case right away. We have successfully served dog bite victims and their families in Medford and other parts of Oregon. Call us at 1-800-285-8678 to schedule a free initial consultation.