Summary
In 2018, the Animal Legal Defense Fund filed a complaint against defendant Gwendolyn Vercher on behalf of the plaintiff, a horse named Justice who suffered pain and distress as a result of alleged criminal neglect by the defendant. The plaintiff asked the court to recognize that Justice may bring a negligence per se claim based on the standard of care in the anti-cruelty statute, as he is a member of the class intended to be protected by Oregon’s anti-cruelty statute. The court ruled that giving animals the capacity to sue would have “profound implications” and that animals lack the capacity to accept legal responsibilities.