Legal Question in Civil Litigation in Oregon

My cat was asleep under a chair at the neighbors front door where she always hangs out and last week a 13 year old girl came with her dog on a leash up to the door to see the nephew who lives at the neighbors house. While they were at the door, after a couple of minutes, the dog noticed my cat and attacked her as she was sleeping. Can you tell me if the owner of the dog is liable for the injuries to my cat? My cat had to have her right leg amputated due to severe injuries and the bill has added up to around $1000.00. Also, can you tell me the ORS that this would fall under? The owner says she is not liable for the cost of the injuries. The neighbor's Aunt had to use a chair to beat the dog off to let my cat go. Thank you.


Asked on 3/30/12, 10:01 am

1 Answer from Attorneys
Daniel Meek Daniel W. Meek

First, if your cat was "trespassing" on your neighbor's porch, then there is no liability for injuries to your cat. But you say that your cat was a regular sleeper there, so she might be considered an "invitee" of the neighbor. Even so, you would have to prove that the neighbor acted with at least negligence toward your cat, which I do not perceive. As for the dog owner, you would have to prove at least negligence there as well, which would be difficult. Was the 13-year old girl warned that your cat was under the chair? Did she exercise less than ordinary care in leading her dog around on a leash? These are questions for a jury or, in small claims court, for a judge. You can certainly file in small claims court (up to $10,000) and find out. See http://www.osbar.org/public/legalinfo/1061_SmallClaims.htm

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Answered on 3/30/12, 2:33 pm


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