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Questions Answered by Jina Ly Clark
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.

Jina Ly Clark
Jina Ly 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... View More

Jina Ly Clark
Jina Ly 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... View 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.

Jina Ly Clark
Jina Ly 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?

Jina Ly Clark
Jina Ly 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... View 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... View More

Jina Ly Clark
Jina Ly 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... View 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

Jina Ly Clark
Jina Ly 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... View More

1 Answer | Asked in Animal / Dog Law for Oregon on
Q: I took my 4 month old puppy in to Dove Lewis he was diagnosed with PARVO, Im currently unemployed have no income so the

Vet tells me long story short If I want Ceaser to Live I must Give him up to Oregon Humane Society they will pay to hospitalize him and than when he's All Well they will adopt him out I told them i wanted him adopted out and i left without finishing appoiment or sighning a thing I was... View More

Jina Ly Clark
Jina Ly Clark
answered on May 4, 2017

Maybe you should finish the paper work so your dog can live, then go adopt your dog from the humane society or have a friend do so if you cannot afford it. At least if your dog is alive, you have a little time to ask for some charitable donations so you can pay to adopt your dog. Let them know... View More

1 Answer | Asked in Animal / Dog Law and Contracts for Oregon on
Q: My ex bought me a puppy.I pd her back but now she wants to sell him.Akc and registration are in my name.

There was no written agreement between us. My credit was bad and she financed him. To my knowledge she hasn't paid the financing and is just trying to be mean. Vet, registration, akc papers are all in my name only. Can she take him?

Jina Ly Clark
Jina Ly Clark
answered on May 4, 2017

Since the vet, registration, a.k.c. papers are all in your name, there is evidence she purchased the dog as a gift for you. If you paid her back for the dog then you definitely own the dog, although it sounds like you might have a difficult time proving this, as you stated there was no written... View More

1 Answer | Asked in Animal / Dog Law for Oregon on
Q: Can I legally obtain my dog from my father if I can begin paying for my dogs insurance and register him under my name?

I am moving out of my fathers house soon and he has always told me to take my dog with me when I leave. We have not been on good terms lately and now says he will call the police on me if I take my dog. Since I was a child when I bought my dog and am 18 now, he has paid for all of my dogs vet bills... View More

Jina Ly Clark
Jina Ly Clark
answered on May 4, 2017

If you were to take the dog, you could claim the dog is a gift, as he told you the dog was yours and you have a witness. Since he is your father, there is a stronger presumption that the dog is a gift. However, since your father registered that dog in his name, this could be evidence that he did... View More

1 Answer | Asked in Animal / Dog Law for Oregon on
Q: Who gets the pups leagaly?

I have a black German Shepherd and my mom's dog has mated with her without my permission and after me telling her not to let it happen. And now that it has she wants half the litter. Even though my girlfriend and I have been taking care of the mom during and after pregnancy, including pup Is... View More

Jina Ly Clark
Jina Ly Clark
answered on May 4, 2017

It is your dog and your pups. Owners that allow their dogs to trespass on the dogs of others have no legal claim. You could make a claim for trespass; however, it appears that you have not been harmed by the trespass, as you have stated the pups are worth $600.00 each.

1 Answer | Asked in Animal / Dog Law for Oregon on
Q: My Belgem Sheppard had a litter recently. And was mated with my mom's catahula. She's wanting to claim half the litter.

My Belgem Sheppard had a litter recently. And was mated with my mom's catahula. She's wanting to claim half the litter.

This was done without my permission and with me repeatedly saying they shouldn't.

Erigardles she wasn't paying attention to the two different... View More

Jina Ly Clark
Jina Ly Clark
answered on May 4, 2017

Based upon the facts you have given, I do not believe she would prevail if she were to file a lawsuit and claim half the litter. It is your dog that you cared for while she was pregnant. Her dog trespassed on your dog without your permission. She can make whatever claims she wants, I do not... View More

1 Answer | Asked in Animal / Dog Law for Oregon on
Q: Left my cat with sitter, she let him out, didn't look for him and didn't tell us for 4 days. What is my legal recourse?

She was repeatedly told to make sure the door was closed, she also never cleaned their water. We've spent almost $2000 between flight changes back from Eurpoe, losing out on our last hotel nights that were already paid for, treats, motion sensor cameras, traps, and a professional pet tracker.... View More

Jina Ly Clark
Jina Ly Clark
answered on May 4, 2017

If you paid her for her services and she has assets, such as real property, it might be worth it to sue for breach of contract and negligence and collect damages. If she has no money, it would be a waste of time and money from a business perspective to go after her. There would have to be an... View More

2 Answers | Asked in Car Accidents and Landlord - Tenant for Oregon on
Q: Carport collapsed on car due to to much snow and property managment says its an act of god like tree falling? true?

Say they are not liable at all, but shouldnt there insurance cover damage?

Jina Ly Clark
Jina Ly Clark
answered on May 4, 2017

If you are a tenant, you might also have a claim under your lease/rental agreement for breach of your agreement to maintain the premises, depending on the contract. The landlord also has a duty under ORS 90 to maintain the premises in a habitable condition. So I would like to know exactly what... View More

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