Dog attacked neighbours cat

jmn04

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Hi, need some advice please..

A friends two dogs were both on their leads returning to their property in the dark when just a few feet from the
front door they saw the neighbours cat sat on the grass. There is a boundary running along the front lawn but no fencing.
The small patch of grass is shared and despite it being dark we believe the cat was technically on its own land.
The 2 properties front doors are no more than 7ft apart and the grass square in question measures 5ft wide by 8ft deep max! Perhaps irrelevant but trying to indicate how close the properties are.

Due to the dark my friend was unable to see the cat and due to the dogs reactions thought perhaps it was a hedgehog.
A short few seconds attack followed which resulted in the dogs being pulled away once their owner realised what was happening.

Nevertheless, the cat needed vet treatment for stitches and although it had a dislocated foot/knee joint - not leg - we cannot be 100% this injury was sustained in the attack - it could well be the reason the dogs on this occasion were able to actually catch the cat! They have been neighbours for 1 year and this is the 1st incident.

The cat ran away, my friend put the dogs inside the property and alerted the neighbours as to what has happened, both parties then searched for the cat together. Upon its return the injuries were assessed and a trip to the vets deemed appropriate by the cat owners.

My friend, out of good faith and feeling somewhat responsible, immediately offered to pay them for the initial vet bill of £600, which they have accepted. My friend has been informed further costs are expected to be similar as the cat was returned to the vet on Boxing day.

It should be made clear these are not dangerous dogs and I believe my friend was in control of both when the attack happened. She was able to pull them back away from the cat almost immediately despite their strength and they obeyed.

It is my understanding the neighbours fully expect her to pay the remainder of the bill - they have stated they choose not to insure their pets.

They have also stated they intend to seek advice on the appropriate course of action - quite what that means I am not sure at this point.

1. Should my friend be concerned over losing her dogs?
2. Should my friend pay the remainder of the bill despite already paying at least half.
3. Should my friend speak to a solicitor?
4. I am of the opinion this is a 50/50 case. Dogs chase cats, fact of life!, cats chase birds, mice, other small animals and have been ****t1ng in her garden since kittens.

Had their cat injured the dog too (eye scram) would they also be liable. Their cat is let outside to roam free and they have to accept responsibility for whatever could happen, no??

Advice thoughts appreciated..
Thanks
 

Bellasophia

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I think your fiend is liable as the cat was on its own turf...therefore she should pay all the bill.
...

had the cat entered her garden,then I would say no liability on the dog owners part,as they were in their own garden and cat entered their space.
 

EQUIDAE

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Dog attacking a dog, your friend is libel, dog attacking cat your friend isn't - unless they were inciting fights, or you allowed the dog to enter a fenced property.
 
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jmn04

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if you or someone has a moment can you elaborate on why she isn't liable due to the fight being with a Cat please??
 

_GG_

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OP - I'm with Ester on this.

There's no legal action that the neighbours can take if the vet bill is paid in full by your friend. This is something I do think she should do...not just morally, but legally. It's irrelevant that she could pull the dogs off quickly, being on a lead doesn't automatically mean there is control. In this case, for that moment, they weren't and if your neighbour wants to argue that, it is worth imagining the cat was a child. Control wouldn't come into it...it's about the fact that the cat was on it's own property and your friends dogs were able to go onto that property and attack it. A lead clearly made no difference to that fact, it just meant that your friend was able to act quickly to limit damage.
I don't think your friend needs to speak to a solicitor...but it might put her mind at rest if she does.

On your final point, I disagree. This isn't 50/50. Your friends dogs attacked a cat that was on it's own property, end of. No other scenario's are relevant.
 

EQUIDAE

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if you or someone has a moment can you elaborate on why she isn't liable due to the fight being with a Cat please??

The feral nature of cats means they have little protection by law - if you hit a dog with a car you are libel, if you hit a cat you aren't.
 

_GG_

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The law now actually allows the police to issue a Community Protection Notice to dog owners upon complain and one of the complaints allowed is that people fear for the safety of their cats.
The law also states that dogs are deemed to be out of control if they attack a persons animal. This doesn't cover wild or stray animals, but a pet or animal owned by a person that is attacked by a dog does fall into this.

So, your friends neighbours are not at risk of losing the dogs, they are liable for the damages as their dogs were, by law, out of control and as I have just learned, their neighbours could report the dogs, leading to possible action.
More on that here
http://www.telegraph.co.uk/news/ukn...-What-pet-owners-need-to-know-from-today.html

Visit gov.uk for more information if you need it. There have been lots of regular changes to animal laws in the UK in the last couple of years.
 

_GG_

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The feral nature of cats means they have little protection by law - if you hit a dog with a car you are libel, if you hit a cat you aren't.

That is absolutely true for that specific situation. Hit a cat and you have no legal requirement to report it. However, the dog laws state that a dog is out of control if it attacks a persons animal. Cats are not exempt from that, no owned animal is.
 

_GG_

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No, she's not! A cat owner who allows her cat to stray, as they do, must take the consequences.

The cat was on the cat owners property...that is not straying. All the law requires to deem a dog as out of control is that it attacks a persons animal...it doesn't require that persons animal to be in a designated area.

I'm more than happy to learn/be corrected, just going off what the GOV.uk pages say as they are the only place you can rely on to get the current laws.
 

MotherOfChickens

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4. I am of the opinion this is a 50/50 case. Dogs chase cats, fact of life!, cats chase birds, mice, other small animals and have been ****t1ng in her garden since kittens.

Thanks

others have answered the other points but I'll take issue with the above-dogs do not have to chase cats and should be trained to not chase cats-if only to stop them chasing one across a road. Dogs should not be chasing anything other than what an owner tells it to.

MoC-owner of both dog and cat!
 

_GG_

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others have answered the other points but I'll take issue with the above-dogs do not have to chase cats and should be trained to not chase cats-if only to stop them chasing one across a road. Dogs should not be chasing anything other than what an owner tells it to.

MoC-owner of both dog and cat!

Absolutely. I can call my JRT away mid chase if I want to. He doesn't like it, but he listens and comes back, albeit slowly and begrudgingly. lol
 

EQUIDAE

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The law now actually allows the police to issue a Community Protection Notice to dog owners upon complain and one of the complaints allowed is that people fear for the safety of their cats.
The law also states that dogs are deemed to be out of control if they attack a persons animal. This doesn't cover wild or stray animals, but a pet or animal owned by a person that is attacked by a dog does fall into this.

So, your friends neighbours are not at risk of losing the dogs, they are liable for the damages as their dogs were, by law, out of control and as I have just learned, their neighbours could report the dogs, leading to possible action.
More on that here
http://www.telegraph.co.uk/news/ukn...-What-pet-owners-need-to-know-from-today.html

Visit gov.uk for more information if you need it. There have been lots of regular changes to animal laws in the UK in the last couple of years.

If you read the legislation itself it applies to loose dogs that are allowed to stray (there is case law quoted in the legislation and it referred to loose dogs and owners feeling they had to keep their dogs indoors - all the owner would have to do here to protect her cat would be to put up a fence). As the dog was on the lead, the property was unfenced and only 5 feet deep, and the dog was immediately removed, I doubt any court would find them libel.
 

_GG_

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If you read the legislation itself it applies to loose dogs that are allowed to stray (there is case law quoted in the legislation and it referred to loose dogs and owners feeling they had to keep their dogs indoors - all the owner would have to do here to protect her cat would be to put up a fence). As the dog was on the lead, the property was unfenced and only 5 feet deep, and the dog was immediately removed, I doubt any court would find them libel.

Haven't got to that bit yet, but did find this...

“Protected animal”

An animal is a “protected animal” for the purposes of this Act if—
(a)it is of a kind which is commonly domesticated in the British Islands,

(b)it is under the control of man whether on a permanent or temporary basis, or

(c)it is not living in a wild state.

So going by that legislation, cats, including the one in this case, would be protected I believe?
 

EQUIDAE

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That is absolutely true for that specific situation. Hit a cat and you have no legal requirement to report it. However, the dog laws state that a dog is out of control if it attacks a persons animal. Cats are not exempt from that, no owned animal is.

Hmm - there have been numerous cases reported on here where a horse has been injured by a dog when hacking and, because it wasn't the person injured, the police have been unable to act, despite the revisions. I'd be interested to read the legislation, and any resulting case law, where this has been upheld. My OH is keen to start an equine law practice to assist people seeking damages when injured due to loose dogs when hacking.

ETA - cross posted. I'm not sure you can include cats in the 'under control of man'. This is only partly said tongue in cheek. I'm not sure if you would ever class them as domesticated either lol
 
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ILuvCowparsely

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No, she's not! A cat owner who allows her cat to stray, as they do, must take the consequences.

This is a bit harsh since cats do wander and already OP said the cat most likely was in its own garden. The word Allows is saying we are negligent to *ALLOW* them to wander............ and have to restrain our cats which is not the case as it is for dogs. There is no law which says you have to keep a cat restricted.


A dog owner needs to be vigilant at all times - this could just as easily been a child.
 

_GG_

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Hmm - there have been numerous cases reported on here where a horse has been injured by a dog when hacking and, because it wasn't the person injured, the police have been unable to act, despite the revisions. I'd be interested to read the legislation, and any resulting case law, where this has been upheld. My OH is keen to start an equine law practice to assist people seeking damages when injured due to loose dogs when hacking.

ETA - cross posted. I'm not sure you can include cats in the 'under control of man'. This is only partly said tongue in cheek. I'm not sure if you would ever class them as domesticated either lol

Haha, I personally wouldn't ever class a cat as "under control of man" either, lol.

Very interesting that your OH wants to do that. I think it is very much needed on many levels. Not mearly for the fact that by attacking a horse, a dog is putting human life in direct danger, so I don't see how the law can NOT recognise that?

I think domestication just means that an animal is trained to live in close conjunction with humans, as a pet or otherwise, so I think a cat would fall under this. Very interesting!

Either way, morally, I would cover the entire vet bill. My dogs are my responsibility and anything they do comes back to me, so I would pay what needed to be paid and be very very sorry.
 

Dry Rot

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This is a bit harsh since cats do wander and already OP said the cat most likely was in its own garden. The word Allows is saying we are negligent to *ALLOW* them to wander............ and have to restrain our cats which is not the case as it is for dogs. There is no law which says you have to keep a cat restricted.


A dog owner needs to be vigilant at all times - this could just as easily been a child.

Quoting a post out of context is also a bit harsh. I merely mirrored Amymay's usual curt response in the manner of the standard pantomine reply!:) "Oh no it isn't!". Got it now?

If someone can quote the legislation on this point, I'd be very interested to see it. I was not aware that cats could be controlled in the same way a dog can be controlled. The law considers them differently for that reason. Not wild, but not controlled either. I know an owner is not liable if his dog attacks a stray sheep on his own property as he has no duty of care towards the sheep. On the other hand, he may not set his dog on the sheep. I doubt whether cats have more rights than sheep, but I am ready to be proved wrong -- given the proper legal reference, of course, and not just guesswork.
 

jmn04

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So what action can the cat owner take?! Legal action to cover vet costs in small claims court?
Can they sue for any other costs?!
Can they demand the dog is taken away or cause any trouble for the dog owner?!?
 

9tails

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Why were the dogs allowed even a few seconds to launch an attack? You mention that the lady thought it was a hedgehog, is it reasonable for dogs to attack a hedgehog?
 

Clodagh

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Mian thing is your friend has to continue living next door to the cat owner so everyone needs to be content, to that end it is probably worth paying all the bill just for peace and quiet and neighbourly relations.
I hugely dislike the rights given to cats and think they are a vermin species but appreciate that some people like them. A better outside light might help, so your friend can see if the cat is there when she is getting home with the dogs.
 
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