Dog Bite Defenses: Provocation and Trespassers

By the FigureMyTax Editorial Team · How we calculate

The statute is strict for economic damages, but it does not reach trespassers or provoked dogs.

Trespassing

The strict liability statute does not apply when the victim was unlawfully on the owner's property at the time of the bite.

Provocation

Oregon's statutes say an owner cannot be held liable, and the dog cannot be termed potentially dangerous, if the injury occurred because the dog was provoked.

No knowledge

For pain and suffering, an owner may argue that it had no prior knowledge of the dog's aggressive nature. A leash law violation or prior incident defeats that.

Comparative fault

Under ORS 31.600, your fault must not be greater than the combined fault of the others, and your damages are reduced by your percentage.

Insurance

Homeowner's and renter's policies often pay these claims.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Oregon's rules apply to your specific case with a licensed Oregon attorney.