United States
Displaying 3051 - 3060 of 4840
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| Olier v. Bailey | Plaintiff was attacked and chased by a domestic goose in Defendant’s yard. As Plaintiff attempted to flee, she fell and broke her arm. Plaintiff sued Defendant in the County Court of Jackson County under a theory of premises liability and, alternatively, under the dangerous-propensity rule. The trial court granted summary judgment because it found that Plaintiff was a licensee on Defendant's property and that Defendant did not breach her duty of care toward Plaintiff. It also denied relief under the dangerous-propensity rule because there was no evidence that the particular goose that bit Plaintiff ever had exhibited dangerous propensities prior to the incident. Plaintiff appealed to the Jackson County Circuit Court, which affirmed. Plaintiff then filed the instant appeal. The Supreme Court of Mississippi held that, while Plaintiff cannot, as a matter of law, pursue her claim under her theory of general premises liability, she can proceed under the dangerous-propensity theory because the court found an issue of fact regarding whether Defendant was on notice of her geese's alleged dangerous propensity. Accordingly, the Supreme Court affirmed the trial court judgment in part, reversed it in part, and remanded for further proceedings. |
| ON THE "NECESSARY SUFFERING" OF NONHUMAN ANIMALS | |
| ON THE LAMB: TOWARD A NATIONAL ANIMAL ABUSER REGISTRY | |
| OR - Agriculture - § 600.510. Restrictive Confinement of a Pregnant Pig | This Oregon law makes the restrictive confinement of a pregnant pig illegal in the state to phase out the use of gestation crates in the Oregon farming industry. The law makes it illegal to confine a pregnant pig in a way that prevents them from lying down and fully extending their limbs or turning around freely. There are some exceptions to this law, such as for transportation, veterinary care, or during the slaughtering process. |
| OR - Animal Definitions - Chapter 87. Statutory Liens. Liens Generally. 87.142. Definitions | This is Oregon's statutory definitions for Animal Statutes. |
| OR - Animal Racing - Chapter 462. Racing. | Oregon created a Racing Commission that has the authority license, regulate, and supervise all race meets within the state and shall cause the race tracks that hold races to be inspected at least once each fiscal year. A race meet is not to be held unless a license is obtained from the Oregon Racing Commission. All employees of the race track as well as any public training facility or kennel for greyhounds involved in racing are also required to obtain a license from the Commission prior to engaging in their duties. The Commission may require each applicant to obtain a recommendation in writing of the board of county commissioners of the county in the event a race meet is to be held outside of a city and of the governing body of such city if the race meet is to be held within a city. The Commission is tasked with determining the number and classes of race meets to be held in any fiscal year and the total number of racing dates to be granted to a licensee, not to exceed 350 days in any metropolitan area in any fiscal year. The Commission is entitled to require chemical testing of the urine, blood, saliva, or other bodily substances of animals participating in races. Animals are prohibited from participating in races if they have been administered a drug that is prohibited by the Commission, prohibited drugs have been detected in the animal's system, and the animal has been stimulated or depressed in any way by a mechanical device not sanctioned by the Commission. |
| OR - Assistance Animals - Assistance Animal/Guide Dog Laws | The following statutes comprise the state's relevant assistance animal and guide dog laws. |
| OR - Cruelty - Arrest warrants in cruelty matters (Chapter 133) | This set of Oregon laws relates to the arrest of those found violating the state's cruelty laws. Under the section, any person violating ORS 167.315 to 167.333, 167.340, 167.355, 167.365 or 167.428 may be arrested and held without warrant, in the same manner as in the case of persons found breaking the peace. Further, any peace officer who cares or provides for an animal pursuant to this section and any person into whose care an animal is delivered by a peace officer acting under this section shall be immune from civil or criminal liability based upon an allegation that such care was negligently provided. |
| OR - Cruelty - Consolidated Cruelty Statutes | These Oregon statutes comprise the state's anti-cruelty laws. "Animal" means any nonhuman mammal, bird, reptile, amphibian or fish. The term "assault," which is generally associated with human crimes, is used to define certain crimes against animals. Animal abuse may be elevated to a felony offense if the act was committed directly in front of a minor child or if the perpetrator was previously convicted of domestic violence. |
| OR - Damages - 30.822. Theft of or injury to search and rescue animal or therapy animal; attorney fees | This Oregon law provides that the owner of a search and rescue animal or a therapy animal may bring an action for economic and noneconomic damages against any person who steals or, without provocation, attacks the search and rescue animal or therapy animal. The owner may also bring an action for such damages against the owner of any animal that, without provocation, attacks a search and rescue animal or therapy animal. If the animal dies as a result of the injuries sustained or the incident prevents the animal from returning to service, the measure of economic damages shall include, but need not be limited to, the replacement value of an equally trained animal, without any differentiation for the age or the experience of the animal. If the animal recovers and returns to service, the measure of economic damages shall include, but need not be limited to, the costs of temporary replacement services, veterinary medical expenses and any other costs and expenses incurred by the owner as a result of the theft of or injury to the animal. |