See ORS 609.098. Otherwise, Oregon common law must be relied upon and basically it is a one-bite-rule, meaning that the owner is considered not negligent, unless the dog has previously bitten someone. Also see Animal Bites. Walking too many dogs at once can also present a case of negligence as well. Kathren, supra at p. 723. ", Section 31.710 defines "economic damages" as "objectively verifiable monetary losses including but not limited to reasonable charges necessarily incurred for medical, hospital, nursing and rehabilitative services and other health care services, burial and memorial expenses, loss of income and past and future impairment of earning capacity, reasonable and necessary expenses incurred for substitute domestic services, recurring loss to an estate, damage to reputation that is economically verifiable, reasonable and necessarily incurred costs due to loss of use of property and reasonable costs incurred for repair or for replacement of damaged property, whichever is less. Good throughout the USA. Level #1: Common Law Negligence. If the wound keeps bleeding after you clean it, apply pressure to the area with a clean towel or gauze for several minutes until it stops. Cookware Guide. Brad's practice focuses on automobile collision, motorcycle, bicycle, pedestrian injury, dog bite, and myriad other types of injury and insurance cases. (3) A keeper of a dog maintains a public nuisance if the keeper fails to comply with reasonable restrictions imposed under ORS 609.990 (Penalties for ORS 609.060, 609.095, 609.098, 609.100, 609.169 and 609.405) or if a keeper fails to provide acceptable proof of compliance to the court on or before the 10th day after issuance of the order imposing the restrictions. Â Oregon Revised Statute (ORS) 31.360. Causes: Dogs may bite if they are provoked, some may bite even without any provocation. However, in Chance v. Ringling Bros., 257 Or 319, 328 (1970), it was held that evidence of general propensity of a Boxer dog to be protective and to jump was erroneously excluded. There was no evidence of provocation or of attempting to take the dog's food away, that that the dog had ever bitten a person before this incident. To treat a minor dog bite, start by washing the wound thoroughly with antibacterial soap and water. Multnomah County Animal Control Phone: (503)988-7387. We will get back to you shortly. Â It varies. Spiders. That opinion may have been evidence that the dog was in fact vicious, but it is not evidence that the defendants actually knew of the propensity or were aware of any manifestations of viciousness that would put them on notice. We offer free consultations and weâll gladly discuss your circumstances with you at your convenience. A. 2. Understanding these two levels will help give you a better understanding of how dog bite cases tend to unfold. Control of dangerous dogs; penalties. One example of negligence is allowing the dog to run free instead of being on a leash. Clackamas County Animal Control Phone: (503) 655-8628 (Id.). An ordinance that makes it unlawful for any owner or custodian "to cause, suffer or permit an animal to run at large" implies some element of fault -- knowledge, consent, willingness or negligence -- on the owner's part that the dog run free. He was presented the 2018 Rising Star Award by the Clark County Bar Association. Bill Thayer outlined Washington dog bite lawÂ on this blog. § 3.2-6540. Expert testimony cannot establish the requisites of the scienter cause of action, because the essence of scienter is the animal owner's knowledge of the animal's dangerousness or viciousness: Plaintiff argues the opinion of the expert that Mordecai was vicious and would have been vicious for several months is sufficient to allow the jury to find that defendants should have known of the dog's temperament. Â See Butler v. Pantekoek, 231 Or 563 (1962). Negligent failure to control or confine a dog must be analyzed in terms of the knowledge on the part of the owner that the dog will cause the injury actually incurred by plaintiff if it is not controlled or confined. Common defenses a dog owner will use to dispute liability as to a victim bitten by his or her dog are: provocation, trespassing, and a lack of the requisite knowledge. Dog Bite Prevention; Socializing Your Dog; Zoonotic Diseases: Cats; Zoonotic Diseases: Dogs; Rabies is an infectious viral disease that affects the nervous system. Negligence. Star Award by the Clark County Bar Association bites occurring Oregon... Not be ignored, whether it is a friendly nip or a full-fledged attack by a or! Law cause of action ) as well not know or have reason to know his or her is. Pursue available damages under Oregon law gives a dog, even during play, can likewise a... Victims of dog bites in Oregon was on plaintiff to prove the dog is off-leash while on! 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