An Overview of Injury Claims for Dog Attacks in Oregon
Dog injury claims vary by state. You must understand your state's laws and prove your case according to the relevant laws to get compensation. Below are some things you should know about dog bite cases in Oregon.
Strict Liability Applies for Economic Damages
Oregon has several injury laws you can use to claim compensation after a dog injury. One of these laws is strict liability, which entitles you to dog bite damages without proving the dog owner's negligence. You only need to prove that the defendant owns the dog that caused your real injuries.
Personal injury laws have slight variations by state. For example, Oregon's strict liability law for dog bites only allows you to collect economic damages. Economic damages are direct financial losses an injury causes. Below are two economic damages you can collect in a dog bite claim.
1. Medical Bills
A dog injury can cause you different levels of medical damages, depending on the attack and preexisting condition. For example, a serious injury may force you to ride in an ambulance to the hospital, inflating your medical bills. You deserve compensation for all medical bills that stem directly from the dog's actions.
2. Loss of Income
A dog injury may cause you a lot of money in terms of lost income and earning potential. For example, you might spend a long time in the hospital or on bed rest at home. You can even suffer impairment to a critical body part that interferes with your work. The defendant should compensate you for such losses.
Negligence Law Applies for All Damages
Economic damages aren't the only ones you might suffer after a dog attack. However, you must look beyond strict liability to recover economic and non-economic damages. You must prove the dog owner's negligence. The state recognizes two forms of negligence theories for these claims.
1. Ordinary Negligence
You must prove that the dog owner did or failed to do something that led to your attack. For example, a dog owner is negligent if they fail to repair holes in their fence, allowing the dog to escape and attack you.
2. Negligence Per Se
Negligence per se refers to actions the government considers negligent because they violate existing statutes. Oregon does not allow dogs to roam freely in public, unless they are in designated off-leash areas. You can use the negligence per se law to claim damages from a dog owner if they let their dog free and the dog attacked you.
Both negligence forms allow you to claim pain and suffering damages from the defendant. For example, you may claim compensation:
- For the physical pain the dog's attack caused you
- For the psychological torture you have suffered because of the dog's actions
- For the reduced quality of life you experienced after a dog attack
The court may also demand punitive damages from the defendant, depending on the circumstances of the attack. For example, the court might award punitive damages if the defendant ordered the dog to attack you.
Legal Defenses Apply
Despite the above laws, the defendant can still escape liability if they have a viable legal defense. For example, Oregon allows provocation as a dog bite defense. With this defense, the dog owner seeks to prove that your actions triggered the dog's attack.
Examples of provocative acts include poking the dog, taking its food, or threatening its owner. The defendant might succeed with the provocation defense even if you did not know your actions would provoke the dog. The defense stands as long as the defendant satisfies the court that the dog interpreted your actions as threatening.
Smith Morgan LLP has over 40 years of experience in personal injury law. We believe that all injury victims deserve compensation from those responsible for the injuries. Contact us for a free initial consultation to determine how to get your compensation.
