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Bicycle & Skate LawWHO LET THE DOGS OUT?By Ray Thomas Dogs and bicycles are a fine combination so long as the dogs are not running loose. When loose dogs mix it up with bicycle riders, significant hazards are created for riders, dogs, and other vehicle traffic. Oregon cities and counties prohibit loose animals but every year our office receives numerous complaints about loose dogs causing accidents or bite injuries to bicyclists. This summer we are collecting Oregon’s laws regarding loose dogs so we can act as somewhat of a clearing house for clubs and riders experiencing problems. Since this is a large subject area, this article is intended as an introduction to the law. This spring Rick Klingbeil, a bike lawyer in our office, obtained a $282,000.00 verdict against the owner of a house where two pitbulls were kept by the owner’s son. The two dogs were loose in a SE Portland neighborhood one morning when our client rode by on his daily commute to work. The dogs saw him and gave chase. As one dog bit at him, he made a quick evasive maneuver that caused his bicycle to veer into the outside rearview mirror of a parked truck. He collided with the mirror and then was knocked unconscious when he fell to the ground. He suffered a serious shoulder injury in addition to painful bruises and road rash. His shoulder required two different surgeries to piece it together, and he was left with permanent physical impairment from the accident. The Multnomah County Animal Control Officer who investigated the accident showed the bicyclist a photographic “throw down” at which time he successfully identified photographs of both dogs. It is important for bicyclists to complain about and prosecute loose animal incidents; while serious injury may not result after a run in with a loose dog, the next person to ride along the same stretch of roadway may not be so fortunate. Municipal and county court prosecutions may provide some measure of punishment and protection; however, payment of damages for medical expenses and pain and suffering must be pursued in a civil case which is a separate legal proceeding. There are a number of widely held but mistaken beliefs about loose dogs. One is that only the owner of the loose dog is responsible for damages. In our case, it turned out that the owner of the dog was judgment proof he had no insurance, was a renter in the house, and had few assets. However, investigation revealed that a family member who was the actual owner of the house had likely let the dogs out of the yard in the early morning when he went through the front gate. The negligence of the owner of the property, who was not the dog’s owner, became the main question in the lawsuit. Our legal research revealed that in Multnomah County, the law prohibits both owners and co-habitants from allowing animals to run loose. Thus, owners, roommates, live-in landlords, or others who have a domicile relationship with the property and allow dogs to run loose may be responsible for damages. A second mistaken belief relates to the “one bite rule.” Many people believe that a dog owner is immune from assessment of damages unless the dog has previously bitten someone, hence the name the “one bite rule.” However, the law applies the same test of negligence to dog bite cases as auto accident cases; the question before a jury is whether or not the defendant was negligent or in violation of the loose animal statute in allowing the dog to run loose. Thus, if a dog gets loose and bites or otherwise causes injuries to a bicyclist, it does not matter under the law whether this is the first time it has happened or not. Of course, if a dog is a repeat offender, this would be notice to the responsible party that the dog had vicious propensities, and as such would be important evidence for the jury. It is important to remember that Oregon Revised Statute (ORS) 814.430, the law that provides bicyclists with a right to the roadway, specifically extends to bicyclists the right to take the entire traffic lane in order to avoid animal hazards. ORS 814.430, (which requires that bicyclists ride as far to the right as practicable in a regular traffic lane in order to allow faster overtaking traffic to pass), provides that bicyclists may take a lane “when reasonably necessary to avoid hazardous conditions, including but not limited to, fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards or other conditions that make continued operation along the right curb or edge unsafe . . .” If you encounter a loose dog while on a ride that is disrupting traffic or chasing vehicles, report the dog to the city or county animal control office. Be careful to avoid angry confrontations with dog owners who may take the view that having a loose dog is a God given American right. Try to remember as many details as possible about the appearance of the dog and the area so you can testify with accuracy at a later time. And if you are hurt by a dog make every effort to hold the owner responsible for your injuries so that someone else is not hurt too. Click Here for "City, County Oridinances in Oregon Governing Dogs at Large" |
