If you’re based in Oregon and looking for legal assistance in relation to an injury or ordeal because of a dog bite, choose Herron Law. With 28 years of personal injury experience, the legal experts at Herron Law will help you understand what to do following a dog bite injury and how we can help.
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Why Choose Herron Law?
With almost 30 years of experience across all Oregon courts, Herron Law is one of the most successful and widely respected personal accident lawyers in the state. As well as dog bite claims, we also cover claims like
child injury,
car accidents, and motorcycle accidents.
At Herron Law:
- Our lead attorney, Bart Herron, is among the Top 2% of lawyers in the US according to LinkedIn.
- We offer 100% free consultations.
- We won’t charge a fee until you win.
What Are the First Steps to Take After a Dog Bite?
If you’ve been bitten by a dog and are panicked or stressed about what to do, follow these essential tips to ensure both your safety and the safety of those around you:
- Get to Safety & Stop the Bleeding: If possible, put distance between you and the animal. If it’s particularly aggressive, then try to move to another room and place a barrier between you. Apply direct pressure to stem the bleeding and elevate the wound to reduce blood flow.
- Clean the Wound: Rinse the wound thoroughly with clean running water for several minutes. Use mild soap around the area but avoid harsh scrubbing. It’s best to avoid immediately applying alcohol or hydrogen peroxide as a first step. This can damage tissue.
- Seek Medical Attention: Urgent care is a priority at this stage for proper wound cleansing, stitches if necessary, and to prevent the potential spread of infections like tetanus or rabies. Even small bites can become infected rapidly.
- Document the Incident: Once you’re safe and have been treated, take clear photos of the bite location, any torn clothing, and photograph the incident scene (and animal, if it is safe to do so – including the owner, collar, and license information).
- Collect Additional Information: It’s important to collect the dog owner’s name, their contact details, addresses, and the vaccination status of the dog. Also note witnesses, their contact details, and record the time, date, and location.
- Report the Bite: Notify local authorities of animal control if a dog is unvaccinated, appears dangerous, or is required by local rules. This helps with public safety and legal claims.
- Preserve Evidence Records: Keep a document of any medical records, receipts, photos, and correspondence with the owner, council, vet, or your insurer.
- Consider Your Next Steps: Report to your insurer any relevant information. If it’s a serious bite, we suggest contacting an experienced dog bite lawyer like Herron Law, and we’ll lead you through the next steps.
How Do I Document Injuries and Evidence for a Dog Bite Claim?
Recording evidence after a dog bite is vital for appropriate medical care, legal compensation, and insurance claims. Follow these steps to create a reliable record of events:
- Immediate Photo and Video Evidence: Take multiple high-resolution photos of the wound from different angles. Do this right after the bite if it’s safe to do so, but also over the coming days and weeks. Photograph any torn clothing or shoes, and the exact location where the incident occurred. If safe, video the animal and narrate time, date, and brief notes aloud.
- Preserve Physical Evidence: Keep all damaged clothing, bedding, or objects in a clean, sealed bag. Don’t wash them, and label and date the bag.
- Seek and Record Medical Treatment: Get prompt medical attention and keep records of every visit, diagnosis, treatment, prescriptions, dressing, and referrals. Request copies of medical notes, hospital invoices, and test results. If possible, ask the doctor for specific notes on the bite, including the wound’s depth and location, as well as the possibility of infection.
- Create an Incident Log: As soon as you’re able, write a dated account of events, including time, date, location, what happened, the dog’s behavior, the owner’s actions, witness details, and any immediate injuries. Keep the log updated with any changes as the process continues.
- Log Witness Contact Information: Log the emails, phone numbers, addresses, and short written statements of any witnesses.
- Obtain Owner and Animal Information: Record the owner’s name, address, phone number, and email. Then record the dog’s breed, color, and any license or vaccination details. Photograph the dog, its collar, tags, and owner’s ID.
What is Oregon’s ‘One-Bite Rule’ Law?
The ‘One-Bite Rule’ is a common-law standard holding dog owners liable for injuries if they knew or should have known their dog was dangerous before a bite.
This includes prior knowledge of their dog having bitten or acted aggressively toward any person or animal in the past. If a dog has no prior history of aggression, the owner may be held liable for the first bite unless negligence can be demonstrated. A potentially dangerous dog that falls under this law applies to one or any of these statements:
- Menaces an individual while the dog is not on the property of the owner.
- Inflicts physical injury on an individual.
- Injures/kills a domestic animal when the dog is not on the property of the owner.
What Compensation Can I Claim for a Dog Bite in Oregon?
After a dog bite incident, you may be entitled to several types of compensation or damages, depending on the extent of your injuries, the impact on your life, and the specifics of your case.
These damages fall into two main categories, economic damages and non-economic damages.
Economic damages are the easiest to calculate, as they involve tangible financial losses like Medical Expenses and Lost Wages from time off work. Non-economic damages are more complex and involve intangible losses, such as pain and suffering, emotional distress, and loss of enjoyment of life.
Here’s a breakdown of the common types of damages you can collect:
- Medical Expenses (both past and future). You can seek reimbursement for all medical costs related to the dog bite, including hospital stays, vaccinations, medications, physical therapy, and any future medical care needed because of your injuries.
- Lost Wages (both past and future). If you missed work because of your injuries or treatment, you are entitled to recover compensation for the income you lost during that time. If your injuries prevent you from returning to work or require you to take a lower-paying job, you may also claim compensation for future lost wages.
- Pain and Suffering (both past and future). Pain and suffering compensation covers the physical pain and emotional distress caused by your injuries. The value of these damages can vary greatly depending on the severity and duration of your suffering. For minor injuries, pain and suffering might amount to less than $1,000, but for more severe or long-lasting injuries, it could reach $250,000 or more.
- Disfigurement and Scarring. If the dog bite caused permanent disfigurement or noticeable scarring, you may be compensated for the emotional and physical toll this takes on your life.
- Loss of Employment (both past and future). If your injuries caused you to lose your job or rendered you unable to perform your previous job duties, you can seek compensation for the loss of your current and future employment opportunities.
- Loss of Future Income. In addition to lost wages, you may also be entitled to compensation for the reduction in your ability to earn income in the future if your injuries prevent you from working in the same capacity or field.
- Loss of Enjoyment of Life. These damages reflect the negative impact on your quality of life due to the dog bite. If the injuries prevent you from enjoying activities you once loved, such as running or playing sports, your compensation will reflect that loss.
- Loss of Companionship and Consortium. If your injuries affect your relationships, particularly with a spouse, you may be entitled to damages for loss of companionship and consortium. This refers to the loss of intimacy, support, and companionship resulting from the dog bite.
- Caregiving Expenses (both past and future). If you require caregiving services due to the severity of the bite, whether in the short or long term, you may be compensated for the cost of those services. This can include in-home care or assistance with daily activities.
Ways Herron Law Can Help
Herron Law plays a key role in providing clients with legal representation. Our lawyers also support victims who have been injured or traumatized due to the negligence or misconduct of another party in relation to a dog bite incident. Our key responsibilities include:
Case Evaluations:
- Free Initial Consultation: Your dog bite attorney will offer a free 30-minute consultation to understand the case details and determine its validity under the one-bite law.
- Legal Advice: Herron Law will offer legal advice on the merits of a case, potential outcomes, and the steps involved in pursuing legal action.
Investigation:
- Gathering Evidence: Our attorney gathers evidence, including medical records, witness statements, and any other documentation that can prove negligence or wrongdoing on the part of the dog owner.
Expert Consultation:
- Working with Specialists: If needed, one of our attorneys will consult with medical professionals to strengthen your case going forward.
Filing the Lawsuit:
- Preparation of Legal Documents: The personal accident attorney prepares and files the necessary legal documents to begin any claims.
- Court Representation: If a trial is necessary, the attorney will represent you, presenting any evidence and arguing the case before a judge.
Settlement Negotiation:
- Negotiating with Defendants: If there are any defendants involved in your accident claim, we will negotiate with their insurance companies or use the court to reach a fair, legal settlement.
Oregon Law on Leashing and Controlling Dogs in Public Spaces
While in most public spaces, dog owners are generally required to keep their pets under physical control, typically with a leash not exceeding six feet.
While there is no statewide law that always mandates a leash on all public property, many state parks, municipalities, and specific public areas do have mandatory leashing rules.
In designated off-leash areas, handlers are still expected to have control of their dog, keeping it within view and responsive to voice commands. They must also always carry a leash so they can immediately leash their dog if requested by a park or trail employee.
Under Oregon law, a dog owner is responsible for the behavior of their dog, and in many areas, if a loose dog causes injury or damage to a person or property, the liability is with the owner.
Proving Owner Negligence in a Dog Bite Case in Oregon
A dog owner in Oregon who faces a dog bite lawsuit will usually raise one of three defenses:
- Lack of prior knowledge
- Provocation
- Trespassing
As Oregon is a ‘one bite’ state, some dog owners will probably raise the defense that they had no knowledge that their dog could be dangerous. Without that knowledge, the owner would not be held liable for dog bite injuries.
The statutes state that the dog will not be found ‘potentially dangerous’ and an owner may not be held liable if the dog was provoked. Laws in this state also stipulate that liability applies only when the dog is not on the owner’s property when the alleged incident occurs.
If you are trespassing on the owner’s property, you probably will not be able to sue for your damages. Often, a dog bite is caused by the owner’s negligence.
Members of society have preconceived notions and hold true to stereotypes about certain breeds of dogs because some are known to be aggressive.
Dogs that have reputations for violence and unprovoked attacks would include the pit bull and Rottweiler. This is especially true for pit bulls because that breed is correlated with dog fighting. They also have larger jaws that can cause severe damage. Any owner of such a breed has the duty to take extra precautions to protect the public from any risks in encountering this breed.
How Much Does It Cost to Hire a Dog Bite Lawyer in Oregon?
The cost of hiring a lawyer for a dog bite claim typically depends on the type of fee arrangement. Most attorneys work on a contingency fee basis.
This means you won’t have to pay any upfront fees — instead, your lawyer will receive a percentage of the settlement or court award, usually between 25% to 40%, depending on the complexity of the case and whether it goes to trial.
If the claim is successful, the attorney’s fees will be deducted from the final compensation. However, if the case is not won, you typically won’t owe any legal fees, making it a risk-free way to pursue your claim. Always ensure you fully understand the fee structure before signing an agreement.
Why Do I Need to Hire a Lawyer After a Dog Bite?
Did you know that around
1,000 Americans seek treatment in emergency rooms for dog bite injuries every day?
In 2007, there were approximately 33 fatal dog attacks around the United States. Dog bites cause severe and traumatic injuries. The unfortunate truth is that many dog bite victims who seek medical attention are children, and about half of them are bitten on or near the facial area.
Losses due to dog bites surpass $1 billion per year, with over $300 million of that figure paid by homeowners’ insurance. With these kinds of statistics, you need Portland personal injury attorney
Bartley Herron to proactively preserve your rights. Dog bite injuries can often cause disfigurement and will need careful follow-up or possible cosmetic surgery to ensure that the victim is fully restored to their old self.
The legal team at
Herron Law is here to direct the course of your case to make certain no stone is left unturned in the protection of your rights for any dog bite injury, either you or a loved one has sustained.
If you have been injured by a dog, contact Herron Law today to set up a free consultation.
Herron Law Office handles all Personal Injury cases with experience, skill, and compassion. In a dog bite case, our priorities are clear: your health needs to come first, then a fair outcome so you can get back what you have lost.
Awards & Associations
At Herron Law, we are dedicated to our clients. We were voted one of the top 100 personal injury lawyers and top 25 attorneys in Oregon, 2016 – 2024, by the National Trial Lawyers Association.
Our other awards include:
- 2015 Premier Trial 100 Attorneys Oregon (American Academy of Trial Attorneys).
- Oregon’s 10 Best Client Satisfaction Award (American Institute of DUI/DWI Attorneys).
Frequently Asked Questions (FAQs)
The statute of limitations for filing a dog bite lawsuit is usually 2 years from the date that the injury occurred. This applies to cases involving both the state’s strict liability for economic damages and its negligence-based claims.
Oregon dog bite law combines strict liability for specific dangerous dog behavior with a negligence standard for injuries because an owner fails to control their dog. Owners are liable if they knew or should have known their dog’s dangerous tendencies, or if the dog was running at large.
If your child is bitten by a dog, it’s important to get them away from the area and to a hospital immediately. If the dog has rabies, any treatment is time sensitive. Once you’re sure your child is stable and treated, we suggest pursuing a claim.
If a dog bite has caused you significant emotional stress, often resulting in long-term conditions or depression, then it’s possible to sue as part of a personal injury claim for pain and suffering.
If a dog bite significantly impacted your ability to perform or find work, it’s possible to claim compensation for lost wages. This counts for most economic damages, including medical expenses and property damage.
A dangerous dog in Oregon is one generally defined as biting without provocation and has injured a human or other domestic animals. This includes a known propensity for unprovoked, aggressive attacks.
Most dog bite cases settled out of court can save time with faster compensation for medical bills. This is best for instances of clear liability. But we suggest taking high-value claims or claims with disputed liability to trial.
In Oregon, dog owners are subject to the ‘one-bite’ rule. This means that you are liable if you knew or should have known your dog was dangerous due to their behavioral history. Legal defenses exist if the victim was a trespasser, provoking the dog, or if you were defending yourself.
It’s possible to be liable for a dog bite on private property in Oregon. If the victim was lawfully on the property at the time of the bite, the owner is liable. But this liability may be avoided if the victim was trespassing, provoking the dog, or the property was properly marked.
Contact us today to schedule a free 30-minute consultation.
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