Eugene, OR asked in Animal / Dog Law and Personal Injury for Oregon

Q: A friends dog chased a man on a bicycle and bit his leg. Small bite He now has to prove his dog is safe - how?

2 Lawyer Answers
Peter N. Munsing
Peter N. Munsing
Answered

A: Get the dog tested for rabies. He should contact his vet to determine best way.

Or the dog control warden if he was cited.

Mr.  Gary R. Johnson
Mr. Gary R. Johnson
Answered
  • Bend, OR
  • Licensed in Oregon

A: Under Oregon law, a dog owner is liable for another's pain and suffering if their dog bites someone if the dog is deemed to have been unreasonably dangerous before it bit the person or if the dog was off leash in violation of a city or county law.

A dog owner is also liable for the person's medical expenses if their dog bites someone even if the dog was not deemed to have been unreasonably dangerous.

So the owner of the dog is probably liable for the bicyclist's medical expenses and will also be liable for bicyclist's pain and suffering if the dog was found to have been unreasonably dangerous before the incident or was off leash when it should not have been.

The owner of the dog should report the claim to his homeowner's insurance as they may cover the bicyclist's medical expenses.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.