Oregon Dog Bite Laws

Oregon has a dog bite statute, but it only covers certain situations; other cases follow traditional common-law rules.

Oregon dog bite law at a glance

What Oregon law says

• ORS 31.360 imposes strict liability for economic damages (MSU, Justia).
• After a potentially dangerous finding, the keeper is strictly liable for economic damages from later incidents, with defenses for provocation, assault or trespass (609.115).
• Bites that break the skin must be reported to the local health officer (433.345).

Strict liability vs. the one-bite rule

The statute imposes liability only in the situations it lists. Outside those situations, injured people rely on the common law: showing the owner knew or should have known the dog was dangerous (the "one-bite" rule) or that the owner was negligent.

Dangerous dog rules in Oregon

• A potentially dangerous dog menaces off the premises, causes non-serious injury, or injures livestock; a dangerous dog seriously injures or kills a person, repeats, or is used as a weapon (ORS 609.035).
• Maintaining a dangerous dog through criminal negligence is a crime (609.098).
• Dog control boards may order a dog killed after weighing statutory factors (609.090, 609.093).

Deadline to file a claim

Justia's 50-state survey lists 2 years as the general personal injury deadline (statute of limitations) in Oregon. The clock usually starts on the day of the bite. Different deadlines can apply to claims against a government agency or on behalf of a child, so confirm the deadline for your situation with a licensed attorney.

What to do after a dog bite

1. Get medical care, even for a small puncture; bites can become infected.
2. Get the owner's name, contact details and the dog's rabies vaccination status.
3. Report the bite to local animal control or the health department; many places require it so the dog can be observed for rabies.
4. Photograph the injuries and the location, and write down witness names.
5. Keep medical bills and records of missed work, and talk to an attorney before signing anything from an insurer.

If you own a dog that has bitten someone, follow any confinement order from animal control, keep the dog's rabies vaccination current, and consider working with a trainer or behaviorist. Leash rules are covered in Oregon leash laws.

Sources

1. Michigan State University Animal Legal & Historical Center: Oregon dog laws
2. Justia: Dog bite laws, 50-state survey
3. Michigan State University Animal Legal & Historical Center: Dog bite strict liability statutes