(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. (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.
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