ORS 609.140
Right of action by owner of damaged livestock

(1)

The owner of any livestock which has been damaged by being injured, chased, wounded or killed by any dog shall have a cause of action against the owner of such dog for the damages resulting therefrom, including double the value of any livestock killed and double the amount of any damage to the livestock.

(2)

If one or more of several dogs owned by different persons participate in damaging any livestock, the owners of the respective dogs shall be jointly and severally liable under this section. The owners of dogs jointly or severally liable under this section have a right of contribution among themselves. The right exists only in favor of an owner who has paid more than the pro rata share of the owner, determined by dividing the total damage by the number of dogs involved, of the common liability, and the total recovery of the owner is limited to the amount paid by the owner in excess of the pro rata share of the owner.

(3)

An action brought under this section may be tried as an action at law in any court of competent jurisdiction.

(4)

As used in this section:

(a)

“Owner” means the head of the family of the home where the dog is cared for at the time of the damage.

(b)

“Head of the family” means any person who has charge or manages the affairs of a collective body of persons residing together, the relations between whom are of a permanent and domestic character. [Amended by 1973 c.655 §7; 1975 c.749 §1]

Source: Section 609.140 — Right of action by owner of damaged livestock, https://www.­oregonlegislature.­gov/bills_laws/ors/ors609.­html.

Notes of Decisions

“Injured” livestock refers to situation where there is no physical contact between dog and livestock but livestock damage results from dog’s action. Roach v. Jackson County, 151 Or App 33, 949 P2d 1227 (1997), Sup Ct review denied

“Chased” livestock does not require that dog had predatory intent or that livestock suffered damage as result. Roach v. Jackson County, 151 Or App 33, 949 P2d 1227 (1997), Sup Ct review denied

Double damages provision is not subject to three-year statute of limitations under ORS 12.100. Diaz v. Coyle, 152 Or App 250, 953 P2d 773 (1998)

Livestock owner need not prove negligence, recklessness or other state of mind of dog owner. Parker v. Parker, 223 Or App 137, 195 P3d 428 (2008)

Dog owner may be found liable for injury to livestock occurring on property of dog owner. Parker v. Parker, 223 Or App 137, 195 P3d 428 (2008)

609.015
Application of ORS 609.030 and 609.035 to 609.110 609.020
Dogs as personal property 609.030
Establishing dog control district 609.035
Definitions for ORS 609.035 to 609.110 and 609.990 609.060
Notice of county prohibition on dogs running at large 609.090
Impounding certain dogs 609.093
Considerations prior to disposing of chasing, menacing or biting dog 609.095
Dog as public nuisance 609.098
Maintaining dangerous dog 609.100
Dog licenses, tags and fees 609.105
Exemption for assistance animals 609.110
Dog License Fund 609.115
Liability for injury or property damage caused by potentially dangerous dog 609.125
Definition of “livestock.” 609.135
Applicability of ORS 609.156, 609.162 and 609.168 609.140
Right of action by owner of damaged livestock 609.150
Right to kill dog that harms or chases livestock 609.153
Dog owner education program 609.155
Impoundment for harming or chasing livestock 609.156
Opportunity to request hearing 609.158
Hearing process 609.161
Disputable presumption that dog harms or chases livestock 609.162
Guidelines for imposing remedial measures, civil penalties or other sanctions 609.163
Enhanced civil penalties for habitual violators 609.165
Judicial review of county determination 609.166
Record of penalized owners 609.167
Conversion of civil penalty into lien 609.168
Microchip identification of dog 609.169
Keeping dog with knowledge that it has harmed livestock 609.170
Claim by owner of livestock 609.180
Hearing and payment of claims 609.190
Subrogation of county paying claim 609.205
Prohibitions against keeping of wild or exotic animals 609.305
“Exotic animal” defined 609.309
Policy on exotic animals 609.312
Seller to provide buyer with informational material 609.325
Conditions for keeping exotic animal 609.329
Liability for escape or injury 609.335
Department rules regulating keeping of exotic animals 609.341
Permit requirement for keeping of exotic animal 609.345
Exceptions to permit requirement 609.351
Issuance and renewal of exotic animal permit 609.355
Issuance of permit upon lapse of federal license or registration 609.405
Requirement for destroying dogs and cats 609.410
Disposition of dogs and cats by research facility 609.411
Preemption of ORS 609.410 609.415
Animal rescue entities 609.420
Investigation and inspection of animal rescue entity 609.500
Definitions for ORS 609.500 to 609.520 and 609.994 609.505
Unlawfully obtaining dog or cat 609.510
Animal dealers required to keep records 609.515
Required period of possession of animal by dealer 609.520
Inspection of dealer records 609.650
Legislative findings 609.652
Definitions for ORS 609.654 609.654
Public or private official reporting of aggravated animal abuse 609.656
Regulated social worker reporting of abuse or neglect 609.805
Misrepresentation of pedigree 609.815
On-site individuals for locations where numerous dogs are kept 609.990
Penalties for ORS 609.060, 609.095, 609.098, 609.100, 609.169 and 609.405 609.992
Penalties for ORS 609.341 609.994
Penalties for ORS 609.510 to 609.520
Green check means up to date. Up to date

Current through early 2024

§ 609.140’s source at oregon​.gov