Tort Actions

ORS 31.360
Proof required for claim of economic damages in action arising from injury caused by dog


(1)

For the purpose of establishing a claim for economic damages, as defined in ORS 31.710 (Noneconomic damages), in an action arising from an injury caused by a dog:

(a)

The plaintiff need not prove that the owner of the dog could foresee that the dog would cause the injury; and

(b)

The owner of the dog may not assert as a defense that the owner could not foresee that the dog would cause the injury.

(2)

This section does not prevent the owner of a dog that caused an injury from asserting that the dog was provoked, or from asserting any other defense that may be available to the owner.

(3)

This section does not affect the requirements for an award of punitive damages provided in ORS 31.730 (Standards for award of punitive damages) (1). [2007 c.402 §1]

Source

Last accessed
Jun. 26, 2021