Is homeowner liable if his dog bites a person on his property when the person is breaking up dog fight between his dog & theirs

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I was bit by a dog while breaking up a dogfight 02/16/17 which occurred where I lived with the dog/home owner. I had no intention to pursue compensation until after I had to have surgery that was performed by an orthopedic surgeon who strongly urges I participate in physical therapy as the bite severed the tendon in my right, middle finger, my dominant hand I used to write with which I have lost the ability to do now. I underwent emergency surgery upon visiting the emergency room three days afterward due to severe infection followed by three day stay in the hospital & have been referred for physical therapy to help with rehabilitation. Am I entitled to recover these costs? If so am I entitled to recover for the disability I've sustained as result as well as for pain & suffering?

Attorney Answers

2
Adam Karp ·
Under Oregon law, you may claim "economic damages" (e.g., medical bills, wage loss) arising from the bite. See ORS 31.360. If the dog who bit had a known vicious or dangerous propensity to inflict similar injuries to those you sustained, then the owner may also be strictly liable for all damages, including pain and suffering. If the owner were negligent in ineffectively controlling the attacking dog, then you should be able to recover economic and noneconomic (i.e., emotional distress, pain/suffering). However, there is an argument that you provoked your own injury or assumed the risk of harm or were contributorily negligent in failing to control the other dog (if you owned either). Which dog instigated the fight, did you own either dog in the fracas, and was their reasonable necessity to disengage the dogs are questions a court may ask.
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J Minor ·
Although I would not rule out the possibility of a claim without knowing all the details, since it took place on the dog owner's property, and your dog was involved in the fight, it may be questionable whether there is any fault on the part of the owner of the other dog. You might want to discuss all the details with a personal injury attorney.
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