Dog Attacks on Private Property: When Owners Are Held Accountable

Dog bite laws vary widely by state. It is important to consult an experienced dog bite injury attorney at Schauermann Thayer to learn about the legal requirements and whether you may have a claim for injuries and damages. 

Dog bites can cause serious injuries to adults and children. In Washington, a homeowner and/or dog owner will likely be liable for any injuries and damages caused by a dog residing on their property if: 

• You were lawfully on the property (not trespassing); and
• You did not provoke the attack.

Oregon law is different. In Oregon, victims may pursue damages based on strict liability or negligence.

Washington Dog Bite Liability

Washington follows strict liability when it comes to owner responsibility for dog bites and attacks. Strict liability does not mean that the dog owner is always liable when their dog attacks you. If you were not lawfully on the owner’s property, or if you provoked the attack, the owner may not be liable. Provoking an animal generally means that you did something deliberate that would have frightened the animal and caused it to attack. 

Oregon Dog Bite Liability

Oregon follows strict liability and negligence for dog bite injuries. For strict liability claims, the victim must show:

• Dog had dangerous propensities;
• Dog owner knew of the dangerous propensities;
• The injuries were caused by the dog’s dangerous propensities.
• You were lawfully on the property (not trespassing); and
• You did not provoke the attack.

Strict liability can also arise if the dog was previously classified as a “potentially dangerous dog” under Oregon law. Negligence claims require proof of: 

• Owner knew or should have known the dog would cause the victim’s injury if the dog was not controlled or confined; 
• Owner failed to use reasonable care to prevent the dog from harming the victim;
• You were lawfully on the property (not trespassing); and
• You did not provoke the attack.

In Oregon, it is important to investigate and gather as much evidence as possible, including:

• Any records of a dog’s prior attacks on a person or aggressive behavior towards another animal
• Witness testimony from people who have observed the dog
• Records from a veterinarian
• The police report of the incident
• Prior photographs or video of the dog

Contact a Dog Bite Injury Law Firm Today

If you or a loved one has been bitten or attacked by a dog, get legal help from the experienced dog bite injury lawyers at Schauermann Thayer. You can contact us online or call us today at (360) 818-2725 to schedule a free initial consultation.