So after the maintenance person not certified fixed the water leak the walls carpet and wood never got replaced my boyfriend was sent to hospital due to an infection on his foot the doc said mold had the most part to do with the infection my boyfriends foot got swollen and two of his toes got... Read more »
An article on the level of proof needed here:
https://www.clarklawportland.com/other-areas-of-law/landlordtenant/mold/
You have a 1-year statute of limitations in the state of Oregon for all claims. If this is an ongoing issue, you can only go back one year under the... Read more »
base on the fact it is an infraction, will the courts dismiss this if challenged
Absolutely! The fact that you can challenge something does not mean you will win. However, if the cop did not witness the infraction, the state would need to produce the witness that saw the infraction to avoid a hearsay objection.
It is important to object to evidence that does not... Read more »
I've never been in situation before and want to know if I should pursue the owners for my damaged leg
Depending on the circumstances and where the dog bite took place, you may or may not be able to prove liability in relation to local laws. The second issue is weather there is insurance or a deep enough pocket to pay. Most home owners and business owners have insurance. If you were attacked by... Read more »
The rescue service is claiming that they are the legal owners of her puppies now that they are born and they plan to collect all of them and handle all adoptions including collecting fees. Our signed adoption contract states that she was pregnant at the time of adoption and does not mention the... Read more »
I would review the adoption contract to see if it says anything about the puppies. If the contract says nothing about the unborn puppies and returning them, then I see no reason you should return the puppies.
His mirror broke off on my hip and threw me off my bike. He or she didnt stop. I went to the hospital but nothing was broken. Just severely bruised.
Assuming the driver of the vehicle that hit you was at-fault for the accident, you can sue if you find the person within the statute of limitations with enough time to get a lawsuit filed. If the incident happened in Oregon, your case must be filed or settled within 2 years.
If you have... Read more »
I was cited for trespassing
You can make a police report against someone who used unreasonable physical force with multiple weapons. If you have been a victim of a crime, it would be good to seek justice by making a police report. The police may or may not do an adequate investigation and may or may not refer it to the... Read more »
After I provided evidence that he was mine and even have told them I will pay for him, but they won’t give him back and refuse to talk to me or give me any information, is their anything I can do, I was paying someone who I trusted with my dog to watch him while I was out for 2 days and came back... Read more »
It seems odd that they would not want to receive compensation for the vet bill, since you stated you are willing to pay. The next step would be to draft a letter with supporting documentation enclosed of ownership and offering to pay the vet bill and demanding the return of the dog. If that... Read more »
Last summer I was rear ended while stopped by a big truck with a solid steel bumper while I was in my 2003 Hyundai. Over the next few months I developed back pain and stiffness, along with sciatica. I started seeing a chiropractor after filing a claim with my insurer (who told me this was... Read more »
If you want your insurance to continue to pay for treatment, you will need to go to the insurance doctor. If you don't, they will claim you are in breach of contract and cut off treatment. However, you are right. They will likely use the insurance doctor's report as an excuse to cut... Read more »
My 14 yr old daughter was walking our small dogs by our neighbors fence and one of their Husky dogs stuck it’s head thru the slats that had poorly secured chicken wire on it and bent the wire out of the way and grabbed my dog by her head and pulled thru their fence and attacked and killed her.... Read more »
If your neighbors are homeowners or have renters insurance they might be worth suing. To do a full analysis, an attorney would need to know the city and county, as local laws vary. If this occurred in a city, then there may be some laws about owners being liable if their dogs are at-large. One... Read more »
Driver 2 thought he had enough time to get out to the center lane (what he told the officer) but driver 1 (motorcycle) let go of the motorcycle realizing he was not going to have enough time to stop and the bike hit the driver 2 dodge ram truck and caused damage and driver 1 was injured from road... Read more »
Liability, meaning who is at fault for an accident, is a question independent of whether a person is driving with or without a license and insurance. In this case, there are at least two applicable motor vehicle laws of speeding and there are possibly applicable laws regarding pulling out of a... Read more »
I was coming up he was coming down the blind curve. Cliff on my side. One lane road. I swerved to avoid hitting him and he never even hit the brakes. My insurance lapses by a few weeks due to covid related financial issues. I have court coming up to contest the traffic ticket they gave me which was... Read more »
Since you were hit by a cop in the state of Oregon, tort claim notice will need to be received by the employer and/or city/county/state attorney of the cop who hit you within 180 days. The hearing for the ticket will be important, as the judge will be determining weather or not you were at fault... Read more »
A woman became irate and threw coffee on me. As a result I slipped and fell onto the floor. I injured my arm and leg.
If the facts you state are true and there are no viable defenses, then she would be liable. The next issue is if she is worth suing. Do you have the contact information for the person who threw coffee on you? Is she a homeowner, business owner or do you know if she has insurance? For insurance,... Read more »
Assuming your ex has no evidence to the contrary, it should be enough. Based upon experience, I never underestimate my opponents like they tend to underestimate me. File it in small claims court and ask for injunctive relief for a return of the dog. If you pay an attorney hourly, the rate will... Read more »
A lawyer is able to fight against their own city or county if the lawyer chooses to accept a case against the city or county. All state law claims against a governmental agency require that tort claim notice be received by the governmental agency or representative within 180 days, which is a... Read more »
the breeder said it was a purebred with no papers. We bought a dna test and turns out he is half german shepherd. He is five months.
Theoretically, there is a breach of contract case assuming you have the evidence to prove the breach. If there is a contract stating you purchased a purebred for x price, then there is a breach of contract. Normally, the remedy is to return the dog and get your money back.
I left the scene before cops arrived "Which is considered a "hit and run" the person who hit me is at fault and was not injured nor were any of her passengers. I have not filed a report, nor spoke with police about the matter. I am afraid, because I don't have insurance, I will... Read more »
Obviously, you had enough time to determine nobody was apparently injured. You did not say if there was vehicle damage. If you gave the other driver your contact information, it should not be considered a hit and run. However, you still could face charges for lack of driver's license and... Read more »
I was pulling in to a walmart parking lot and scratched another car. I then parked my car went over to the other car took a picture of the damage, then went back over to my car to get something to write with realized I didn't have anything so I went into the store to get paper and something to... Read more »
You are required to leave a note on the car with your insurance information. In order to prove a crime, the state must prove intent. If there was a video of what you describe, it could appear that you went into the store with the intention of not giving your insurance information. Your defense... Read more »
If you are on a budget, you can file a lawsuit in small claims court and request injunctive relief for the return of the dog.
If money is no object, you could hire an attorney to file a lawsuit for injunctive relief. But this would likely run into the thousands of dollars. If your ex... Read more »
I recognized signs of minor animal abuse. I Do not want to continue the sale. Do I have the right to go take him? She still owes 500. And I will give her back the payments she has paid. We live in Salem,Oregon. We do not have a formal contract. I think this is time sensitive. Can anyone please... Read more »
Assuming you keep the dog and issue a refund, what is the worst they buyer can legally do? The buyer could issue a demand under ORS 20.082 for breach of contract, wait 30 days, and sue for specific performance and demand attorney fees and costs and prevail. In this case, the buyer would get the... Read more »
my sister and I had a verbal agreement where I would become the final owner of her two dogs (she was not able to home them and didn't want them to be with my grandmother) i promised she could take them camping but they were becoming my children's emotional support animals so I would not... Read more »
Theoretically, you would have a claim against your sister for the tort of conversion. You could have an attorney send a demand under OS 20.080 for a return of the dog and give her 30 days to return the dog without incurring attorney fees or costs. Then you could file a lawsuit for injunctive... Read more »
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