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Oregon One Bite Animal Injury, Dog Bite

Discussion in 'Accidents, Injuries, Negligence' started by kinthenorthwest, May 18, 2016.

  1. kinthenorthwest

    kinthenorthwest Law Topic Starter New Member

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    Jurisdiction:
    Oregon
    Oregon has a one bite law.
    Last year I got bitten by the neighbor's dog who was on my property unbeknownst to me. Turns out the dog had pounced on the fence enough over weeks/months/?? that it had loosen some boards and squeezed through.
    As a result I now have what is very likely permanent nerve damage where the dog bit me.
    Since it was the dog's first bite, I am told I am only allowed up to the total medical they had on their house; $5000. I am semi-retired on SS & Medicare
    Once they pay back Medicare the max will be met, with me still having a few thousand out of pocket expense, from last year alone. Most likely I will be out a few thousand every year after medicare for the rest of my life due to this dog bite.
    Several people have said something about the dog's aggressiveness to me, but refuse to say so formerly.
    On top of this the city is now refusing to pursue a ruling they made for the neighbors to put up additional cedars on their side to prevent another incident. In fact the city dropped the ball on this incident from day one. The officer didn't have the dog quarantined for even a day, especially since it did not have its shots.
    Due to Oregon's one bite law, lawyers have just said that there is nothing that I can do, except suck it up.
    Its just does not seem fair that I have to be responsible for out of pocket expenses for the rest of my life due to the neighbor's negligence.
     
  2. txls

    txls Well-Known Member

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    Sure doesn't seem fair.
     
    kinthenorthwest likes this.
  3. army judge

    army judge Super Moderator

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    Fair is a place where people meet to have fun, see exhibits, visit neighbors, eat food, enjoy the outdoors in summer, and watch various contests.

    Justice isn't concerned with fair.
    It's about the law.
    If you believe certain laws should be changed, lobby your elected officials.

    Even if the law was changed today, it would do nothing to change your situation.
     
    d1amund likes this.
  4. adjusterjack

    adjusterjack Super Moderator

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    Try reminding those lawyers that Oregon also allows dog bite claims based on negligence:

    Oregon Dog Bite Law

    I suspect that part of the reason that the lawyers are shining you on is that your claim is small and not worth their time.

    You might consider suing in small claims court where I think the maximum is $10,000.

    Oregon small claims court does not permit attorneys but if you win, the defendant's insurance company will still have to pay.

    Suing the neighbor is likely to result in his insurance company negotiating with you to try to settle out of court because they risk the whole $10,000 if they have no representation in court.

    No guarantees, of course, but you've got nothing to lose but your filing and process service fees.
     

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