Dog Bites

Whatever it is that causes a dog to attack and bite someone, it can be a horrifying and life-altering experience, especially if a child is involved. Besides the physical injuries, including scars that can last a lifetime, there can also be emotional and psychological consequences.  In Oregon, dog bite laws can be quite complicated, and victims would do well to consult an experienced and committed Oregon dog bite lawyer. The old saying that “there are no bad dogs, only bad owners,” may be true, but getting justice and compensation for a bite victim requires more than wise words.

The existing Oregon dog bite laws are the same now, bizarrely, as they were on July 4th, 1776, when America retained many of the laws of the day in England. The main focus of the current statutes is what is called the One Bite Law, which states that a dog owner is “strictly liable for injuries caused by the dog only if the owner knows or has reason to know of the animal’s dangerous propensities.” In other words, if a dog attacks and bites a child, and there is no previous history of the dog having attacked anyone, and the owner says he had no idea the dog would bite anyone, he is not legally liable for damages. Many states have dropped this statute, but Oregon has kept it on the books, making the job of even an experienced Oregon dog bite lawyer exceptionally difficult.

As with most laws, there are exceptions to the One Bite Law, but they are limited and tricky.  For example, a dog owner is liable for injury caused by the animal biting someone if:

• The animal has trespassed onto someone else’s property
• The owner intentionally causes the dog to attack and bite
• The owner has been negligent in preventing the dog from causing harm

Unfortunately, it is difficult for an Oregon dog bite lawyer to prove that the owner of a dog knew in advance of an attack that the dog was potentially dangerous. This is especially true if the dog is one of a breed not normally considered dangerous, like Labradors, spaniels, beagles, collies and many others. However, even for other breeds, it seems the law, in Oregon at least, does not expect an owner to know in advance of that first bite if their animal may have a propensity to attack. Even if the owner of the dog has referred to his animal, through signs or verbally, as a guard dog, this is not enough under Oregon law, to prove the owner knew the dog could bite.

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Animal assaults are a tricky area of the law, and it is one often subject to litigation. Can you sue if you become injured while fleeing from a pursuant dog? If so, who can be sued, and do specifics of the dog have any bearing on the case?

Here’s an interesting example of a complex animal attack lawsuit.

Lenetra Outlaw visited the nearby Penny Pinchers discount store in West Point, Mississippi. While there, Outlaw heard a dog barking which caused her to panic. The incident escalated when she heard the dog claws on store floors and a “fierce” dog came bolting down the store aisle after her.

Outlaw’s phobia of canines caused her to run, and she then sought refuge by leaping onto a store freezer, aggravating an old hip injury in the process. She sued the discount store and the manager, who was the owner of the “ferocious” attack dog.

Initially, Outlaw was awarded $130,000 by a state court. However, it bears mentioning that the vicious attack dog was a 4-month old 4-pound Dachshund pup that had never hurt anyone or caused any problems before.

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Date: July 11, 2011
Location: Salmon Street Plaza, Eastbank Esplanade, Portland
Names: Rodney Graves, Jan Leith Haga Jr.

Portland Police officers arrested a 29-year-old man who used a pit bull to commit a robbery Sunday evening. The victims were a Portland man and his 14-year-old son.

According to the story reported by the Oregonian, at 5:21 p.m. on July 11, Rodney Graves, 41, and his son were walking their bicycles on the Vera Katz Eastbank Esplanade, when they were approached by a man later identified as Jan Leith Haga Jr., 29, of no known address. Haga was walking a pit bull, which was on a leash. Haga then demanded the backpacks being worn by Graves and his son, and indicated he would set the pit bull on them if they did not comply. Graves resisted and threw his bike at Haga, but the suspect continued to threaten the father and son, who eventually gave in, gave him their backpacks. Haga then reportedly just walked away along the esplanade.

Graves immediately contacted police, who located Haga and the pit bull underneath the Morrison Bridge. The 14-year-old’s bag was recovered, but Graves’ bag was not. The pit bull was handed over to Multnomah County Animal Control, and Haga Jr. was charged with robbery in the first degree.

Animals, especially dogs, can be scary and dangerous when they become aggressive. It is legally the responsibility of animal owners to ensure that no one is harmed by their pets, but injuries caused by animals occur every day. In this case, the dog was virtually used as a weapon, similar to a knife or gun, to demand the handing over of private property.

Intentional assault cases can be complicated. Besides criminal charges, the assailant can also be held accountable in a personal assault case. Victims of assault may also be entitled to compensation under personal injury law, so it is important to understand your rights in this situation.

Even if the person who assaulted you cannot pay, sometimes their insurance company will. You might be entitled to economic, non-economic, and punitive damages. A skilled Oregon assault attorney can investigate this for you, and handle your case, so you can focus on healing and recovery. We hope Mr. Graves and his son are soon over this very trying ordeal.

Date: May 31, 2010
Location: SE 125th & Powell Court, Portland, Oregon

On May 31, 2010, around 9:30 AM, Portland Police officers responded to reports of a pit bull mauling a man at SE 125th and Powell Court in Portland, Oregon, according to a Portland Police Bureau news release. While officers were on the way to the scene, they learned that the dog had bitten a second person.

When police arrived, they found the dog on top of an adult male. The man asked police to fire one round at the animal, which caused the dog to flee. While a second officer pursued the dog, medical personnel attended to the victim.

The dog turned on the second officer. The officer shot the dog a second time, killing it.

The male victim was transported to a local hospital with severe, but probably not life-threatening, injuries. The second victim, an adult woman, suffered puncture wounds but did not need to go to the hospital.

As of June 1, the investigation had been turned over to Multnomah County Animal Services. It turned out that the dog was previously classified as a Level 4 Potentially Dangerous Dog, subject to a number of restrictions. The owner was not complying with the restrictions, including muzzling the dog and keeping it away from the location where the mauling took place.

The shocking attack was reported widely, including coverage in the Seattle Times. Unfortunately, though, such incidents are alarmingly common. A video provided by http://www.katu.com/ covers the incident:

Just two days prior, as reported in an Aurora Police Department news release, police were checking a house in Aurora, Oregon when a large black dog suddenly appeared and charged aggressively at a police officer, barking, growling, and baring its teeth. The officer tried to back away, but the dog was coming at him too fast. When the animal was two feet away, the officer drew his service weapon and shot the dog in the leg. The dog retreated.

And the day afterwards, according to a Portland Police Bureau press release, three dogs got loose from their yard and bit two people. One of the victims was a 73-year-old male. The other was only identified as an adult male. When police approached, the dogs aggressively advanced. Officers shot and killed the most aggressive animal in the pack, and the other dogs fled. They were later tracked down and restrained. One of the persons who was injured received multiple bite wounds and was hospitalized.

In still another recent example, reported by NWCN.com, a 4-year-old Astoria girl was mauled to death by the family’s Rottweiler on March 2.

Dog attacks are a serious problem, according to a 2009 article in Police: The Law Enforcement Magazine. There are an estimated 74.8 million dogs in the U.S., and 4.7 million dog bites each year. One out of every six of these bites requires medical attention, and every day dog attacks send 1,008 people to the ER. Even more disturbing: up to 26 attacks, each year, are fatal.

Statistically, the deadliest dog breeds include pit bulls, rottweilers, akitas, chows, and German shepherds. Most of the dogs that attack are male. Many are on their own property.

Children are likely victims, and the dog frequently goes for the face. Other factors in dog attacks include human behavior, dog behavior and training, aggressiveness, unsupervised children, and breed-specific attacks.

If you are the victim of a dog mauling or dog bite injury in Oregon, you need information, and you need someone on your side to fight for you and get you the compensation you deserve. We are lawyers specializing in helping people like you. We make it a point to treat our clients fairly and compassionately. Our Oregon dog bite injury lawyers will stand up for you and help you get justice. If you have been injured, we can even answer many questions free of charge. Please contact us.