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Questions Answered by Jennie Lynn Clark
1 Answer | Asked in Animal / Dog Law for Oregon on
Q: my ex girlfriend stole my therapy dog How can I get him back?
Jennie Lynn Clark
Jennie Lynn Clark
answered on Sep 5, 2020

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...
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1 Answer | Asked in Animal / Dog Law for Oregon on
Q: Breeder of $2000 eng bulldog pup allowed pup to go home with a buyer and do payments. She had me babysit twice and ...

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 »

Jennie Lynn Clark
Jennie Lynn Clark
answered on Aug 30, 2020

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 »

1 Answer | Asked in Animal / Dog Law for Oregon on
Q: My sister stole my dog (who is used as an emotional support animal)

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 »

Jennie Lynn Clark
Jennie Lynn Clark
answered on Aug 26, 2020

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 »

1 Answer | Asked in Animal / Dog Law for Oregon on
Q: My dog and my neighbors dog got into a fight. My do push his way under the fence I fixed the fence

My dog pushed his way under the fence a second time she took her dog to the vet he got 1 staple and wants us to pay the bill. I'm I leagaly bind to? They interagate my dog with broom sticks throwing appels using sticks to push at him where do I stand with this situation?

Jennie Lynn Clark
Jennie Lynn Clark
answered on Aug 10, 2020

If I am understanding the facts correctly, your dog trespassed onto the neighbor's property. You stated this was the 2nd time your dog had done this, so an argument could be made that you knew there was a risk of your dog trespassing and the issues should have been previously addressed, by... Read more »

1 Answer | Asked in Criminal Law and Personal Injury for Oregon on
Q: What kind of a lawyer do I need for a vandal case?

My car was vandalized by my ex what recourse do I have

Jennie Lynn Clark
Jennie Lynn Clark
answered on Jul 23, 2020

Options:

1) If you have insurance coverage you can make a claim with your own insurance company and pay the deductible.

2) If you have proof such as an admission, video or witnesses or saw the event yourself you could make a police report and hope they do something. If she is...
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1 Answer | Asked in Animal / Dog Law for Oregon on
Q: He is chipped. So if my neighbor takes him to the pound I can call the police? and then go get my cat back?
Jennie Lynn Clark
Jennie Lynn Clark
answered on Jul 17, 2020

The easiest thing to do is contact the pound and provide them documentation of the chip information that the animal is yours. Then go pick up your animal. I have had two of my pets returned this way.

2 Answers | Asked in Animal / Dog Law for Oregon on
Q: Can my neighbor take my cat to the pound because he feels my cat is being a nuisance?
Jennie Lynn Clark
Jennie Lynn Clark
answered on Jul 17, 2020

There is a difference between can and should. "Can" means that your neighbor has the physical ability. "May" means he has permission from you, the owner, or otherwise has legal authority.

If the cat is on your property and the neighbor trespasses on your property to...
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2 Answers | Asked in Animal / Dog Law, Domestic Violence and Family Law for Oregon on
Q: How do I revise a restraining order to gain custody of my dog who is registered in the county and chip in my name.

The individual has a current misdemeanor and pending indictment taking effect for felony strangulation, menace, assaultin 4th degree and harassment.

Jennie Lynn Clark
Jennie Lynn Clark
answered on Jul 17, 2020

Assuming the person who put the restraining order on you has your dog, you should promptly challenge the restraining order within the statutory period noted on your paperwork. You can challenge all or a portion of a restraining order.

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1 Answer | Asked in Animal / Dog Law for Oregon on
Q: In Oregon can a landlord make you neuter your dog and if you don't, evict you???
Jennie Lynn Clark
Jennie Lynn Clark
answered on Jul 12, 2020

I would look to your rental agreement to see if the issue of dog neutering is addressed. Landlords can have a policy of no dogs or only neutered dogs. If your dog is a service dog, then the landlord will need to accommodate your disability. I am not sure if the neutered status of your dog affects... Read more »

2 Answers | Asked in Car Accidents for Oregon on
Q: I am uninsured driver and my car was smashed by an insured driver who ran a red light

I have the claim number and was told to go to a shop and get a quote. Am I allowed to get my car fixed or to accept payment since I am not insured?

Jennie Lynn Clark
Jennie Lynn Clark
answered on Jun 10, 2020

Even though you were at-fault for the accident, you are entitled to get your vehicle fixed. However, you may be precluded from receiving non-economic damages for your pain and suffering if you were injured if you have not been insured within the last 6 months, assuming the accident was in Oregon.

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2 Answers | Asked in Animal / Dog Law and Personal Injury for Oregon on
Q: My dog bit someone on our property who put their hand close to our fence and threatening legal action. What can I do?

May, 2020: Our neighbor had people visiting, and they were about to leave, and my dog heard them talking loudly and ran outside. We ran outside to get her and this woman told me that my dog had bitten her. She showed me her bite mark, and it was not bleeding; it looked like teeth marks in the skin,... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on May 24, 2020

She is partially right because the dog could be considered an attractive nuisance for a child who may not appreciate the danger. She, on the other hand, is an adult. Arguably, she trespassed on your property when she should have been aware of the danger and was bitten. If she is requesting... Read more »

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1 Answer | Asked in Animal / Dog Law for Oregon on
Q: my dog was laying nest to my house were we park our car and was hit by a neighbors friend. Do have a right to sue them?

They broke her leg. do I have any rights as the owner?

Jennie Lynn Clark
Jennie Lynn Clark
answered on Apr 16, 2020

I assume your dog was on your property and not your neighbor's property. You won't be able to sue your neighbor unless you could prove your neighbor was somehow negligent or had trespassed. You could sue your neighbor's friend for negligence and trespass. Under trespass theory,... Read more »

6 Answers | Asked in Car Accidents and Insurance Bad Faith for Oregon on
Q: Why is the insurance company forcing me to use my PIP to reimburse me for my lost wages for a non-at fault accident?

I was in an accident were liability was determined to be completely the other drivers fault. Both of us have the same insurance carrier (Progressive). The insurance company forced me to use my own PIP to pay my medical bills. I would have rather not used my own policy (PIP) and filed a third... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on Apr 8, 2020

To Whom It May Concern:

PIP is no-fault. It is a standard operating procedure for your PIP to cover regardless of fault. The policy reason behind this is that people should be able to obtain treatment without having to argue about the fault of the involved drivers, as liability can get...
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2 Answers | Asked in Personal Injury and Car Accidents for Oregon on
Q: I was in a accident.I recieved an reward letter for $100, 590.64 my policy is for a $100,000 who is gets the $590.64.
Jennie Lynn Clark
Jennie Lynn Clark
answered on Mar 26, 2020

To answer this question, further questions need to be asked. State law could affect the answer. If I had to guess, you have personal injury protection, PIP. In addition to policy limits, there is usually 10-15k of PIP depending on whether you live in Oregon or Washington or whatever state you... Read more »

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1 Answer | Asked in Animal / Dog Law for Oregon on
Q: What is the law on ownership of a chipped animal. I have cared for my pet for 4 years, vet scan now adds new owner issu

Thought it was abondened by a neighbor. Been healthy and happy with us.

Jennie Lynn Clark
Jennie Lynn Clark
answered on Feb 11, 2020

To Whom It May Concern:

That fact that a dog is chipped, is a piece of evidence for ownership among other potential evidence. For instance, there may be other evidence of ownership, such as a bill of sale, vet bills paid, aka registration etcetera. Obviously, if you come across an animal...
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3 Answers | Asked in Medical Malpractice, Personal Injury and Products Liability for Oregon on
Q: What should we do with my sons Dr? He implanted a medical device in my sons heart that has been recalled by the FDA

my son almost died from infection in his heart from the implant . now he has tried to say my sons valve should be repaired but nothing about taking the device out that has made him sick and is recalled. I feel the dr is lying and has lied to cover up mistakes such as implanted the wrong size as... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on Jan 8, 2020

For a medical malpractice claim, you will need a qualified doctor to be able to testify that your current doctor did not meet the standard of care. It sounds like you are still seeking the services of the doctor whom you claim failed to meet the standard of care. First, I would get him to a good... Read more »

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2 Answers | Asked in Car Accidents for California on
Q: We loaned a van to our daughter and son-in-law in CA with the intent of giving it to them if they liked it. They have

full insurance coverage on it even though it's old. It's still licensed in Oregon under our name. The son-in-law had a head on in it in CA. We don't know who was at fault yet. Are we liable for anything???

They live in CA and their insurance policy is in CA.

Jennie Lynn Clark
Jennie Lynn Clark
answered on May 26, 2017

You are probably not liable. However, I would need to ask some follow up questions to verify this.

If you had reason to know that you were loaning the car to someone unqualified to drive, such as not having a driver's license or loaning it to someone you know is under the influence of...
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2 Answers | Asked in Personal Injury for Oregon on
Q: How would i go about talk to the apartment complex about the bills. what is the best way?

To go talk to the apartment complex about them covering my bills from when i broke my leg in there parking lot due to snow and ice on the street. what is the best way to go about this? Do i call their insurance or the manager of the complex. Do i need to ask or say anything in particular?

Jennie Lynn Clark
Jennie Lynn Clark
answered on May 26, 2017

You also may have a claim under the landlord/tenant act ORS if your fall was a result of failing to keep the common areas safe. Claims under the landlord/tenant act have reciprocal attorney fees, meaning the loser pays the winner's attorney fees. You have a one year statute of limitations... Read more »

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3 Answers | Asked in Personal Injury for Oregon on
Q: Do i have a case If i broke my leg in a apartment parking lot due to ice/snow I had surgery and i am unable to work?

I slipped in a apartment complex parking lot where their was a lot of snow and ice. I broke my leg and had to have surgery. This happened in janurary I have been unable to work since then and have no income. My bills are piling up from the accident. I am wondering if i have a case on suing the... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on May 26, 2017

Depending on your relationship to the apartment complex and the circumstances, you may have a claim under the landlord/tenant act if you are within the one year statute of limitations, which is 1 year from the incident date. The landlord tenant act allows for reciprocal attorney fees under ORS... Read more »

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1 Answer | Asked in Car Accidents, Consumer Law and Small Claims for Oregon on
Q: I took my vehicle to a body shop to get fixed and the shop I took it too did not fix my car.

So I took my car to another shop to have the repair work done. The first shop charged me a fee for me to take my car out of their shop. I feel this is wrong. I need to know if I have a mall claims case against the first body shop

Jennie Lynn Clark
Jennie Lynn Clark
answered on May 4, 2017

I would need some follow up information in order to answer this question. Did you have a written or verbal contract with the original body shop? Was there an agreement of a time period to fix your car? Did they do any diagnostic work that was contracted for. What is the body shop's... Read more »

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