(1) As used in this section, ‘abuse’ means an act or omission in violation of ORS § 167.310 to 167.351 that results in physical injury to a domestic animal.

Terms Used In Oregon Statutes 30.817

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.

(2) A person that provides or ensures the provision of veterinary care for an animal for the purpose of addressing the effects of abuse has a private right of action against the person inflicting the abuse. A court shall award a plaintiff prevailing in an action under this section compensatory damages for all reasonable expenses incurred by the person in relation to veterinary care for the abused animal, plus costs and reasonable attorney fees.

(3) Subsection (2) of this section does not affect the existence of a lien arising under ORS § 87.159 or any petition or order for forfeiture under ORS § 167.347.

(4) When determining whether to require a defendant in a criminal proceeding to pay restitution for the cost of veterinary care provided to an injured animal, a court may not consider the availability of an action under this section. [2019 c.161 § 1]

 

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