Dog Bite Attorney in Portland

Who Is Liable For A Dog Bite Injury?

In Oregon, either the dog owner or the dog owner’s landlord can be held liable for a dog bite injury. Dog owners or their landlords are strictly liable for dog bite injuries only if they know of or have reason to know of the dog’s dangerous disposition. This is called the “one bite rule.” In order to prove liability, the dog bite victim will have to show that a typical dog owner would reasonably have been able to predict that the dog would attack under the circumstances. Basically, if the dog has bitten someone, tried to bite someone, or presented dangerous or vicious behavior, the owner/landlord can be held liable. 

The name “one bite rule” is a little bit deceiving. A dog is considered potentially dangerous if they show aggressive behavior, not just if they have bitten someone. The “one bite rule” would apply under the following circumstances: 

• If the dog menaces a person, or barks loudly and threateningly, while not on its own property and without provocation

• If the dog hurts someone without provocation, either by biting or knocking them over

• If the dog harms or kills an animal not on its property, without provocation

The circumstances of the dog’s behavior are very important. A dog biting or attacking someone on their own property won’t necessarily mean the dog is potentially dangerous. Dogs are territorial and have instincts to protect their own property. Another factor is whether or not the dog was provoked. A victim who antagonized, taunted, or harassed the dog in some way will have a much harder time proving their claim. 

Are There Exceptions to Oregon’s One Bite Rule?  

If the owner didn’t know of the dog’s dangerous proclivities, does that mean that the victim cannot seek damages? The answer is no, actually. Even though it’s called the “one bite rule,” this Oregon law doesn’t give dog owners a freebie. Rather than being held strictly liable, however, the dog owner would be considered negligent. In this case, the dog bite lawyer would have to prove either:

1. That the dog owner intentionally caused the dog to do harm, or,

2. That the dog owner didn’t do enough to stop the dog from causing harm.

One example of negligence is if the dog owner has the dog off its leash. Many Oregon cities have leash laws and “running at large” laws. If the dog owner’s non-compliance led to the dog attack, the victim would be successful in proving negligence. 

What Should You Do After a Dog Bite?

If you or a loved one has been bitten by a dog, read along to see what you should do!

1. Your first step should be to seek medical attention. Even if the bite seems small, the potential for infection is serious. Your doctor will make sure the wound is properly cleaned and may even have to close it with stitches. Your doctor will also instruct you on how to take care of the wound and might prescribe you antibiotics. Rabies is another concern with dog bites. Your doctor will help determine whether or not you’ll need a rabies shot after a dog bite. 

2. After receiving medical attention, the next step is to contact animal control to report the incident. They will conduct an investigation into the incident and create a report on the attack. Animal control can help identify the dog’s owner and may declare the dog dangerous.

3. Thirdly, you’ll want to gather witnesses. If anyone besides the dog owner was nearby during the attack, witnesses can help you strengthen your case. Don’t forget to obtain the dog owner’s contact information as well!

4. Make sure to document your bite wounds. Take pictures of all your wounds throughout the healing process.  

5. Finally, find an experienced dog bite lawyer to help you navigate the legal system. Filing a claim for dog bite compensation can be complicated. A dog bite attorney who knows both local and state laws can help you ensure that you get the compensation you deserve. 

The statute of limitations in cases of dog bites in Oregon is two years, so if you are going to file a claim, make sure to do it before your time runs out. 

What Should You Do If Your Dog Bites Someone?

Typically, your homeowner’s or renter’s insurance will pay out on any claims. But that doesn’t mean you don’t need legal representation. A dog bite defense attorney can help you navigate the system and help you understand your liability, as well as protect your interests.

If your dog has bitten someone and broken the skin, you will need to quarantine it for 10 days to watch for signs of rabies. You can usually quarantine your dog at home if your dog is up to date on its vaccinations and you have a proper enclosure to keep the dog away from your family. 

You may also want to take your dog to the vet. Many dogs bite and get aggressive when they’re not feeling well. Your dog may need medical attention because it is in pain. 

Portland Dog Bite Attorney

Have you recently been bitten or attacked by a dangerous dog? If you’re looking for a dog bite attorney in Portland and its surrounding areas, Shannon Powell Law has you covered. I’ll help you recover compensation for economic damages due to medical costs, rehabilitative costs, and loss of wages. 

On the other hand, if you are the owner of a dog who has bitten or attacked someone else, I can defend you. As your dog bite defense attorney, I’ll help you navigate the legal system. I am a passionate believer in justice for all. Call today to schedule a free consultation. We serve the entire Portland area including Beaverton, Tigard, and Hillsboro.

*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.