Oregon Dog Bite Laws: Liability and Victim Rights

How Oregon Dog Bite Liability Works

Oregon uses a dual-track liability system for dog bite claims. Depending on the type of damages sought, victims may rely on strict liability, negligence, or both theories in the same case.

This system gives victims a clear path to recover medical bills and lost wages while requiring additional proof for pain and suffering claims.

Strict Liability for Economic Damages (ORS 31.360)

Under ORS 31.360, a dog bite victim does not need to prove the owner knew or should have known the dog was dangerous when seeking economic damages. The statute eliminates the traditional "one-bite" defense for these claims.

The statute specifically provides that:

• The victim does not need to prove the owner could foresee the injury
• The owner cannot assert lack of foreseeability as a defense
• The owner may still raise provocation or other available defenses

Economic damages under ORS 31.705 include medical and hospital expenses, lost income, future impairment of earning capacity, costs of substitute domestic services, and repair or replacement of damaged property.

Negligence Claims for Non-Economic Damages

To recover non-economic damages such as pain and suffering, emotional distress, and disfigurement, the victim must prove the dog owner was negligent. This means showing the owner failed to take reasonable precautions to prevent a foreseeable risk of injury.

Evidence that can establish negligence includes:

• The owner knew the dog had previously bitten or lunged at someone
• The owner violated a local leash law or animal control ordinance
• The owner failed to properly restrain or confine the dog
• The dog had a history of aggressive behavior the owner ignored

The One-Bite Rule in Practice

Oregon courts still apply the common law "one-bite rule" in negligence cases. Under this rule, owners face increased liability after the first incident because they can no longer claim ignorance of their dog's dangerous tendencies.

However, the one-bite rule does not protect owners from strict liability for economic damages. Even on a first bite, the owner is responsible for medical bills and lost wages under ORS 31.360.

Types of Damages Available to Victims

Dog bite victims in Oregon may pursue both economic and non-economic damages depending on the strength of their case.

Economic Damages (Strict Liability)

These damages are available without proving negligence:

Damage Type	Examples
Medical expenses	Emergency care, surgery, rehabilitation, future treatment
Lost income	Wages missed during recovery, reduced earning capacity
Property damage	Torn clothing, broken eyeglasses, damaged personal items
Domestic services	Costs for household help during recovery

Non-Economic Damages (Requires Negligence)

These damages require proof that the owner was negligent or knew of the dog's dangerous tendencies:

Damage Type	Examples
Pain and suffering	Physical pain from the bite and treatment
Emotional distress	Anxiety, PTSD, fear of dogs
Disfigurement	Scarring, permanent marks
Loss of enjoyment	Reduced quality of life, activity limitations

Oregon's Comparative Fault Rule (ORS 31.600)

Oregon follows a modified comparative fault system under ORS 31.600. If the victim shares some blame for the incident, their compensation is reduced by their percentage of fault.

The critical threshold is 51%. If a court finds the victim more than 50% at fault, the victim receives nothing.

For example, if a jury awards $50,000 in damages but finds the victim 20% at fault for approaching an unfamiliar dog despite warning signs, the award drops to $40,000.

Actions that could increase a victim's share of fault include:

• Teasing, hitting, or provoking the dog
• Ignoring posted warning signs
• Entering property without permission
• Interfering with a dog that is eating or caring for puppies

Dangerous Dog Designations Under ORS 609

Oregon law creates a tiered classification system for dogs that pose a threat to public safety.

Potentially Dangerous Dogs (ORS 609.035)

A dog qualifies as "potentially dangerous" if it, without provocation and while not on the keeper's property:

• Menaces a person (lunging, growling, snarling, or behavior that would cause a reasonable person to fear for safety)
• Inflicts physical injury on a person that is less severe than a serious physical injury
• Inflicts physical injury on or kills a domestic animal

Dangerous Dogs (ORS 609.098)

A dog is classified as "dangerous" when it:

• Acts as a potentially dangerous dog after a prior finding that the keeper violated ORS 609.095 (public nuisance)
• Is used as a weapon in the commission of a crime

Dogs as Public Nuisances (ORS 609.095)

Under ORS 609.095, a potentially dangerous dog that menaces a person, injures a person, or injures or kills a domestic animal while off the keeper's premises is a public nuisance. Other nuisance behaviors include chasing vehicles, damaging property, scattering garbage, and creating prolonged noise disturbances.

Criminal Penalties for Dog Owners (ORS 609.990)

Oregon imposes criminal penalties on owners who fail to control dangerous dogs under ORS 609.990.

Offense	Classification	Potential Penalty
Maintaining a public nuisance dog (ORS 609.095)	Class B violation	Fine
Maintaining a dangerous dog (ORS 609.098)	Class A misdemeanor	Up to 1 year in jail, up to $6,250 fine
Dangerous dog kills a person (ORS 609.098)	Class C felony	Up to 5 years in prison, up to $125,000 fine

If a keeper is found guilty of maintaining a dangerous dog, the court must order the dog killed in a humane manner. The court may also order restitution for any physical injury, death, or property damage the dog caused.

Additional court-imposed restrictions may include mandatory sterilization of other dogs owned by the keeper.

Legal Defenses Available to Dog Owners

Dog owners facing liability in Oregon have several defenses recognized by statute and common law.

Provocation

ORS 31.360 specifically preserves the provocation defense even for strict liability claims. If the victim teased, hit, or threatened the dog, the owner may argue the victim caused the bite. The provocation must be sufficient to cause a normally calm dog to react.

Trespassing

The strict liability statute under ORS 31.360 does not apply when the victim was unlawfully on the owner's property. Owners generally owe reduced duties to trespassers, though this defense may be weaker when the trespasser is a child.

Comparative Fault

Under ORS 31.600, any fault on the victim's part reduces their recovery proportionally. If the victim's fault exceeds 50%, they recover nothing.

Assumption of Risk

Professionals who work with animals, such as veterinarians, groomers, and kennel workers, may be found to have assumed the risk of being bitten. This defense depends on the specific circumstances and whether the risk was known and voluntary.

Statute of Limitations: Two Years (ORS 12.110)

Dog bite victims must file a lawsuit within two years of the injury under ORS 12.110. Missing this deadline almost always eliminates the right to recover, regardless of how strong the case is.

Important exceptions and considerations:

• Minors: The limitations period may be tolled (paused) until the victim turns 18, giving additional time to file after reaching adulthood
• Government claims: If the dog owner is a government employee or the bite occurred on government property, shorter notice requirements may apply under the Oregon Tort Claims Act
• Discovery rule: In rare cases where the injury is not immediately apparent, the clock may start when the victim discovers or reasonably should have discovered the injury

Landlord Liability for Tenant Dog Bites

Oregon courts have held that landlords can be liable for injuries caused by a tenant's dog under certain conditions. The Oregon Supreme Court established in a 1993 ruling that a landlord may face liability even for attacks that occur off the rental property.

A landlord may be held liable when:

• The landlord knew or should have known the tenant's dog was dangerous
• The landlord had the authority to require the dog's removal
• The landlord failed to act despite knowing the dog posed an unreasonable risk of harm

Under ORS 90.405, a landlord may deliver a written notice giving the tenant at least 10 days to remove an unpermitted pet that is capable of causing damage to persons or property. Failure to use this authority when the landlord knows of a dangerous dog may support a negligence claim against the landlord.

The Oregon Court of Appeals noted in 2008 that the burden of proof may be lower when the landlord is both the dog owner's landlord and the victim's landlord, since the landlord owes duties to both parties.

Breed-Specific Legislation in Oregon

Oregon does not have a statewide breed-specific legislation (BSL) law. The state also does not preempt local governments from enacting their own breed restrictions.

This means individual cities and counties in Oregon may pass ordinances that restrict or regulate specific breeds. Some Oregon municipalities have enacted restrictions targeting breeds such as pit bulls.

However, many Oregon communities have moved toward behavior-based dangerous dog laws rather than breed-specific bans. The trend reflects growing recognition that a dog's behavior and the owner's management matter more than breed alone.

Dog owners should check local ordinances in their specific city or county for any breed-related restrictions.

Steps to Take After a Dog Bite in Oregon

If a dog bites you in Oregon, these steps protect both your health and your legal rights:

1. Get medical treatment immediately. Even minor bites can become infected. Keep all medical records and bills.
2. Report the bite to local animal control. Oregon counties maintain animal control departments that document incidents and investigate dangerous dogs.
3. File a police report. A formal report creates an official record of the incident.
4. Document everything. Photograph your injuries, the location, the dog (if safe), and any torn clothing or damaged property.
5. Collect witness information. Get names and contact details from anyone who saw the attack.
6. Identify the dog and owner. Obtain the owner's name, address, phone number, and homeowner's or renter's insurance information.
7. Preserve physical evidence. Keep torn or bloodstained clothing in a sealed bag.
8. Act within the two-year deadline. Under ORS 12.110, you must file suit within two years of the bite.

More Oregon Laws

• Oregon Recording Laws
• Oregon Lemon Laws
• Oregon Statute of Limitations
• Oregon Hit and Run Laws
• Oregon Whistleblower Laws
• Oregon Car Seat Laws
• Oregon Sexting Laws
• Oregon Child Support Laws