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

Q: Can legal action be taken against previous dog owner for not informing new owner about dogs violent behavior

Girlfriend was mauled by a dog she had taken in to rehome Because previousowners could not keep it. Not even 2 months after talk had attacked and injured her enough to be hospitalized for 3 days with serious injuries

1 Lawyer Answer

A: Short answer: Yes. It also depends on the bred of dog, as some dogs are deemed dangerous by their bred.

These include: pit bulls, rottweilers, Alaskan malamutes, chow chows, Dobermans, huskies, bull terriers, and wolfdogs.

If the previous owner knew or reasonably should have known that your girlfriend would be mauled by the dog, then she should have been told of this risk--warned of the potential for harm. If there was conversation about the dog's behavior and the previous owner lied to her, "Oh, this dog is an angel and would never hurt a fly", that would make the case stronger in terms of a breach of duty. Bear in mind, if your girlfriend files a claim, she will have the burden of proving her case. So, she would need to provide evidence to support her claims. It can't simply be based on things she can't prove in court. Clearly, she can prove her damages. Your girlfriend should consult with an attorney that specializes in personal injury and dog attacks. It may be more difficult because as the owner of the dog, she will need to also likely prove that she did not do anything to contribute to the mauling within the 2 months of ownership.

I hope that your girfriend is recoverying well and I am sorry she had this horrific experience. Most dogs are loving, kind, and loyal. Best to you, as well.

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