I am a dog owner. I love dogs. Americans, on the whole, are dog lovers. Not much beats the unconditional love of our furry best friends. However, dog bites can happen in even the most surprising and unexpected circumstances. About 4.5 million people a year are bitten by dogs, and not just by the so-called “dangerous breeds.” Dogs have their own fears, anxieties, and sometimes even trauma, and most of them have pretty sharp teeth. It is our responsibility to keep others safe around our pets.
If you or someone you care about has been bitten by a dog, here are some things you should know about dog bite cases:
1. Statute of Limitations
In Oregon, the statute of limitations for filing a dog bite injury claim is two years. If the case is not filed within that time, the victim will almost certainly lose the chance at compensation for their injuries. Contact an attorney that specializes in dog bites as soon as possible after the incident to give yourself the best chance at building a good case.
2. Dog Bite Laws
The law imposes liability on an owner for a “potentially dangerous dog,” which is a dog that does any of the following:
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- menaces a person while the dog is off the owner’s property
- inflicts physical injury upon a person
- injures or kills a domestic animal while off the owner’s property
In these cases, the dog must not be provoked. If provoked, it is possible that the dog will not be labeled potentially dangerous.
3. “One Bite” Rule vs. “Strict Liability”
Many states have a “strict liability” rule for dog bites, which means that owners are held responsible for dog bites, even if there is no prior evidence or reason to believe the dog is potentially dangerous. Oregon, along with some other states, has what is closer to the “one bite” rule, which means the dog has already bitten or been aggressive toward someone. Under this rule, sometimes the owner will be free from liability for the first incident.
4. Other Injuries Can Be Claimed
The owner can also be liable for other injuries or damages caused by a dog that do not include bites. For instance if you are knocked down or tripped or there is damage to your property you may be entitled to compensation.
5. Defenses Owners May Use
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- Lack of Prior Knowledge: The owner may use the One Bite Rule and the definition of a “potentially dangerous dog” to claim that they had no reason to suspect that their dog was a danger to others
- Provocation – Even the owner of a “potentially dangerous dog” that has one of the above incidents on its record cannot be held liable if they can prove that the dog was provoked.
- Trespassing – If the dog bite victim was trespassing on the owner’s property then they may not be able to claim compensation. This of course does not apply to mail carriers, etc. Signage warning of dogs does not automatically remove the owner’s liability, but may be used as part of the defense.
If you have been bitten by a dog, make sure you take all of the important injury case steps – document the scene and injury, get witness information, get medical attention and follow the treatment thoroughly, and most importantly, consult an attorney.
Let’s be responsible pet owners and respectful of other’s pets. Many of these incidents can be avoided, but when they can’t be, that is where the law can help and protect us.