Oregon Animal / Dog Law Questions & Answers

Q: I recently ranaway, but my family took my dog and went to txs. I thought they were gonna keep him, but they gave him awa

1 Answer | Asked in Animal / Dog Law, Family Law and Juvenile Law for Oregon on
Answered on Apr 7, 2019
Joanne Reisman's answer
There isn't an easy answer that someone can give you on the internet after just reading a short statement. On the one hand, if you have proof of ownership you might still have rights. On the other hand if you abandoned your dog that might amount to animal neglect and your family or your CPS worker giving your dog to someone who could care for the dog was actually doing you a big favor. You also have to think of the dog. The dog has the right to have a stable home with consistent care and...

Q: A person was bit by our dog on our property while we were out of town. The person was permitted to be on the property.

3 Answers | Asked in Animal / Dog Law and Personal Injury for Oregon on
Answered on Jan 4, 2019
Michael Bersani's answer
If this happened in Oregon, it is important that you ask your question ONLY to an Oregon personal injury lawyer. You should not accept any answer from a lawyer who is not a licensed Oregon lawyer. Reason: dog bite laws are very different in each State. I know the answer to your question for New York, but not for Oregon. Good luck!

Q: My son's prescribed dog bit someone and now I have an eviction notice. Can they evict me for a first time offence?

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Oregon on
Answered on Oct 9, 2018
Gregory L Abbott's answer
Assuming the landlord follows the correct technical procedures (serves a legally compliant 24 hour notice (or longer) and serves it properly, absolutely they can terminate your tenancy and evict if/when (in reality, no one actually gets out within 24 hours) you fail to vacate. As long as you are out by the time of the first court appearance, and you show up at the appearance, the case should be dismissed so you won't have an eviction on your rental record. While your current or future...

Q: Can I be charged an extra deposit or extra rent for an emotional support animal?

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Oregon on
Answered on Aug 29, 2018
Gregory L Abbott's answer
No, as long as it is a valid support animal, a landlord cannot charge additional rent or deposit because of it.

Q: Im being evicted from my apt because my dogs collar broke&he got loose,neighbors do the same thing no eviction.fight it?

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Oregon on
Answered on May 22, 2018
Gregory L Abbott's answer
Whether a landlord pursues other tenants for similar alleged lease violations is irrelevant to whether you were in violation. If you fight it in court, the landlord will have the burden of proving the first violation, that they served you a lawfully worded notice which was lawfully served, and that you committed the same violation again within 6 months of the first notice, and finally that they served you another lawfully worded 10 day notice which was lawfully served. IF they can prove that,...

Q: if a dog was given as a gift to me as a child can my mom take her away.

1 Answer | Asked in Animal / Dog Law and Divorce for Oregon on
Answered on Feb 11, 2018
Joanne Reisman's answer
Even though you are a minor you can own property. I can't say that in your situation the dog was given to you and became your property. There are probably two sides to the story. Typically pets are bought as family pets for the entire family even if the family says that the pet is for one particular person. As you describe the situation, the dog was given to you exclusively and is your dog. I doubt it is that simple. One or both of your parents probably helped pay for the care and feeding...

Q: If I pet sit for sum1 and they break the verbal agreement on # of days and amount of $, can I withhold the animals?

1 Answer | Asked in Animal / Dog Law and Contracts for Oregon on
Answered on Jan 26, 2018
Joanne Reisman's answer
I would give them their dogs back and sue them in small claims court for the verbal agreement you had for payment. If you don't they can sue you for conversion of their property - keeping their dogs when they are the rightful owner and if they get an attorney that knows how to use ORS 20.080 - they will get their attorney's fees too.

They can also call the police on you and then it may turn into a theft. I don't know of a law that gives you a lien on animals for pet sitting. You...

Q: What should I expect out of settling my dog bite case?

3 Answers | Asked in Animal / Dog Law and Personal Injury for Oregon on
Answered on Nov 15, 2017
Peter N. Munsing's answer
Without seeing the scars it's difficult to tell. It could be a large case or small case. Were your photos taken to show all scars? Were the photos of good definition? In the best light?

Generally they will ask you what you think a good figure is or they will start out low.That's their job. If you have excess medical bills or will need scar revision that has to be factored in. Keep your eye on the statute of limitations.

Q: What do I do if someone is watching our cat and never told us that he ran away and threatens us if we try to come over?

1 Answer | Asked in Contracts and Animal / Dog Law for Oregon on
Answered on Aug 29, 2017
Joanne Reisman's answer
Are you saying that you don't believe the cat ran away, but rather that these people are keeping the cat and lying to you? If that is the case you can file a case for replevin which is the type of case that asks for the return of personal property. But I would first want you to have proof that the cat is still at your friend's house. You might want to talk to a lawyer as to how to best go about getting evidence and bringing your case. I would also talk to a lawyer who knows how to use ORS...

Q: Get Dog Back After Signing Contract

1 Answer | Asked in Animal / Dog Law and Contracts for Oregon on
Answered on Aug 13, 2017
Joanne Reisman's answer
Wait did you sell the dog or did you gift him? What do you mean you signed a contract? One doesn't need a contract to gift something. If this was a sale and you have no proof that the animal is being mistreated you probably don't have any rights. If you do have proof or good reason to believe that he is being mistreated, then you can call various agencies that check on animal welfare and let them look into it. Dogs can look sad when they are going through a transition. They grieve the...

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

1 Answer | Asked in Animal / Dog Law for Oregon on
Answered on May 4, 2017
Jennie Lynn Clark's answer
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 you want to adopt your dog.

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.

1 Answer | Asked in Animal / Dog Law and Contracts for Oregon on
Answered on May 4, 2017
Jennie Lynn Clark's answer
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 agreement between the two of you. Obviously, she has the power to physically take him. The issue is whether she has the RIGHT to take him. I don't believe she has the right to take him if she...

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?

1 Answer | Asked in Animal / Dog Law for Oregon on
Answered on May 4, 2017
Jennie Lynn Clark's answer
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 not give you the dog as a gift. However, he likely registered the dog in his name, as I presume you were a minor child at the time he registered the dog. In my view there is a slim chance you would...

Q: Who gets the pups leagaly?

1 Answer | Asked in Animal / Dog Law for Oregon on
Answered on May 4, 2017
Jennie Lynn Clark's answer
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.

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

1 Answer | Asked in Animal / Dog Law for Oregon on
Answered on May 4, 2017
Jennie Lynn Clark's answer
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 believe any judge would grant her half the puppies unless there was a contract stating so. I would not be willing to accept her case on a contingency fee basis or even an hourly basis if that tells you...

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?

1 Answer | Asked in Animal / Dog Law for Oregon on
Answered on May 4, 2017
Jennie Lynn Clark's answer
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 analysis regarding which of your damages are actually recoverable as well. Our firm sometimes, drafts a demand on an hourly basis for these sorts of cases with the threat of attorney fees under ORS...

Q: So my friend was taking care if my dog for me and out of the blue she tells me he bit a little girl and killed a cat

1 Answer | Asked in Animal / Dog Law for Oregon on
Answered on Mar 5, 2017
Mr. Gary R. Johnson's answer
Contact your insurance agent and make a claim under your homeowner's policy. You may be liable for the girl's medical expenses and, if the dog was found to have been unreasonably dangerous before attacking the girl, for the girl's pain and suffering damages as well.

Q: who has legal rights to a dog who's owner has passed away?

1 Answer | Asked in Family Law and Animal / Dog Law for Oregon on
Answered on Jan 24, 2017
Joanne Reisman's answer
It is hard to say. The person that bought the dog would have technically been the owner unless it was gifted to someone else. It just sounds like the mother is grieving and took the dog as a way to deal with her grief. If your best friend wants to figure out ownership rights for the dog, she should see an attorney. This is her battle not yours, but it is nice you are trying to help out.

Q: A friends dog chased a man on a bicycle and bit his leg. Small bite He now has to prove his dog is safe - how?

2 Answers | Asked in Animal / Dog Law and Personal Injury for Oregon on
Answered on Aug 10, 2016
Peter N. Munsing's answer
Get the dog tested for rabies. He should contact his vet to determine best way.

Or the dog control warden if he was cited.

Q: Is it legal to ask a renter to verify that their dog is a service dog and that they have sufficient insurance?

2 Answers | Asked in Animal / Dog Law, Personal Injury, Real Estate Law and Landlord - Tenant for Oregon on
Answered on Aug 9, 2016
Peter N. Munsing's answer
Why not? They can decide to have a pet friendly or no pets policy.

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