There’s no question that Oregonians are definitely dog lovers. Some owners bring their dogs to restaurants and other establishments with specially designated pet areas. In fact, we routinely see dogs frolicking with kids in yards and parks.
Unfortunately, as with any animal, dogs may sometimes lash out and bite. But what causes man’s best friend to reach a breaking point and bite? Who is legally liable in this situation? In this article, we’ll take a look at some of the reasons dogs bite and we’ll discuss what your rights might be if you’ve been injured in an animal attack.
Dog Bites Are More Common Than You Think
According to Petpedia, in 2020 there were more than 90 million dogs in the United States living in approximately 84.9 million households. Folks love their dogs, and so do we! But dog bites and other animal attacks are, unfortunately, all too common.
Nationally, around 4.5 million people are bitten by dogs each year, and an estimated 800,000 of those bites are serious enough to require medical attention. Every day, nearly 1,000 people are treated in emergency rooms for dog bite injuries. In 2018, nearly 27,000 people required reconstructive surgery as a result of dog bites.
According to data from 2010-2014, there were nearly 5,000 bites in the Portland area alone – that’s more than three per day!
Children Are Especially Vulnerable to Dog Bites
Children and senior citizens tend to be more at-risk than other adults for animal attacks. Younger individuals are often less situationally aware, less likely to recognize the warning signs, and more likely to agitate dogs. Emergency room data shows that children between the ages of five and nine have the highest rate of suffering a dog attack. 2.18 out of every 1,000 children in that age group were attacked by dogs between 2005 and 2013.
Children are also much more fragile. Children between the ages of one and four represent 29.4 percent of fatal dog attack victims. But even older children are at an elevated risk. Youth aged 16 or under represent 56.7 percent of all fatal dog attack victims.
Dog Bite Risks for Delivery Drivers
Delivery drivers are also common victims of dog attacks. Postal service workers, for example, are bitten over 5,800 times a year. In 2023, more than 50 USPS drivers were bitten in Oregon alone. In addition to mail carriers, companies like Fed-Ex, UPS, Amazon, Uber, and others have drivers that face animal attack risks every day.
Many of these attacks are severe. For example, in Illinois, a FedEx driver had to have his hand and wrist amputated after being attacked by two dogs. In Texas, an Amazon driver reported that his calf was bitten off in a dog attack. In an especially sad case, one delivery driver was recently found dead in Missouri. Investigators suspect the death was caused by a dog attack.
Why Do Dogs Bite?
Understanding what causes a dog to bite is a great starting point for all of us to better protect ourselves. According to the American Veterinary Medical Association (AVMA), dogs often bite as a reaction to stress. Stressful situations that might provoke an attack include:
- The need to defend itself: If a dog is being attacked or threatened, or if it interprets an otherwise innocuous action as an aggressive advance, it will bite to protect itself.
- Defending its territory: Dogs are pack animals and may become possessive of what they deem their “territory.” Usually, this is the house they live in. It may also refer to an area that they personally occupy, such as a doghouse or bed.
- The dog is protecting something: Dogs may also feel the need to protect something they care about, such as food, a toy, a puppy, or a person.
- The dog was startled or otherwise fearful: Dogs do not interpret situations the same way we do, and may startle or frighten more easily. Some breeds or individual dogs are more skittish than others.
Dogs may also bite when they don’t feel well, or because they were not adequately socialized. Dogs that are mistreated by their owners are also more prone to biting.
Regardless of the reason, the best thing Oregon dog owners can do to prevent dog bites is remain mindful of their pets. Owners should take steps to keep their pet calm, or at least contained. This is especially true in times that might be stressful for the animal, such as during deliveries or in large gatherings.
Legal Rights After a Dog Bite
Fortunately, if you or your child were attacked by someone else’s dog, you have rights.
Dog Bites Are Expensive
The average cost of a hospital stay after a dog bite is $18,200. That figure doesn’t include follow-up care, ambulance costs, or property repairs. There may also be other damages, such as wages lost while stuck in the hospital or at home recovering. In total, victims are estimated to suffer between $1 billion and $2 billion in dog bite-related losses every year. Dog attacks can also lead to wrongful deaths.
Oregon’s Dog Bite Laws
Oregon has an uncommonly strict dog bite law. Dog owners are automatically liable for economic damages if their pet attacks someone, unless the dog was provoked or some other specific defense applies.
According to section 31.360 of the Oregon Revised Statutes, the owner is liable regardless of whether they could have foreseen that the dog would cause injury. Unlike dog bite laws in other states, that means that an injured plaintiff does not need to show that the dog was “dangerous” or that the owner knew the dog was prone to biting.
The “strict liability” rule covers economic damages like medical bills, loss of income, and other expenses related to the injury. To recover additional damages like pain and suffering or emotional distress, the injured plaintiff must show the owner was somehow negligent. A savvy Oregon dog bite attorney can help build a strong case to demonstrate that the owner did not act reasonably or appropriately to prevent their dog from attacking.
Per Westberry v. Blackwell, 282 Or. 129 (1978), the owner’s liability extends to other injuries caused by the dog’s attack, such as if the dog causes the injured party to trip or fall.
Additional rules apply if the owner knew the dog was abnormally dangerous. If, for example, the dog had bitten someone unprovoked in the past, or exhibited other aggressive behavior, the owner has additional responsibilities and may be held liable under special rules.
Compensation After a Dog Bite
Your compensation after a dog bite will vary depending on the severity of your injuries, the negligence of the owner, and other factors. Statistics demonstrate, however, that the compensation available for dog bite claims is on the rise.
According to the Insurance Information Institute, the average cost for a dog bite claim was $50,425 in 2020, up 12.3 percent from the prior year. Across the nation, the cost per claim on average increased 162 percent between 2003 and 2020. According to Forbes, the average insurance payout for dog bites and dog-related incidents rose to $64,555 in 2022.
Does Homeowners Insurance Cover Dog Bites?
In many cases, homeowners insurance will cover dog bites. That means that when you are injured by someone else’s dog on their property, you’ll likely be seeking compensation from the owner’s insurance company.
In 2022, in fact, home insurance providers nationwide spent around $1.136 billion paying out on dog-related claims. In Oregon, insurers paid upwards of $6.9 million to settle 185 dog bite claims back in 2019. Some local governments reported a slight increase in dog bites during the pandemic.
Whether dog bites to third parties are covered by homeowners insurance depends on the specific policy language. Your Oregon personal injury lawyer can help review the terms of the relevant insurance policy to determine if you can recover directly from the insurance company.
Delivery Driver Rights After a Dog Attack
Delivery drivers are legally permitted to walk onto private property to do their jobs. If they are attacked by a dog on the property, they have several roads to recovery. Because the injury occurred on the job, the situation is a bit different from a normal guest being bitten by someone else’s dog.
A driver bitten while on the job can file a worker’s compensation claim. Depending on the circumstances, they might also have a personal injury claim against the dog’s owner. If you’ve been bitten by a dog while working, talk to a seasoned Oregon dog bite lawyer. They will discuss your options and help you maximize your recovery.
Call with Questions After an Oregon Dog Bite
Have you or someone you love suffered a dog bite or other animal attack in Oregon? You may have questions about your rights. Please call the experienced dog bite attorneys at Nelson MacNeil Rayfield. We will schedule a free consultation, answer all of your questions, and get you on the path to recovery.