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Liable for neighbour's cat in my garden?

  • 02-05-2019 11:23am
    #1
    Registered Users, Registered Users 2 Posts: 80 ✭✭


    Hi everyone, I have a bit of a strange question.

    So, my neighbour has two cats. They go in and out of all of our gardens which is fine and to be expected. They even walk across the grass. I don't mind it that much, but my dog goes bananas. If she sees one of them she (naturally) wants to get out to the garden and chase them away.

    However, the other day I let her out when the cat was on the wall and my friend told me I should be careful because if my dog hurts my neighbours cat in my garden, or even if the cat gets a fright and falls off the wall into my garden, i'll be liable for damages. Surely this can't be true?

    My dog lives in that garden. The cats don't. I shouldn't have to double check the garden is cat-free before letting her out??


Comments

  • Registered Users, Registered Users 2 Posts: 6,379 ✭✭✭emo72


    Hi everyone, I have a bit of a strange question.

    So, my neighbour has two cats. They go in and out of all of our gardens which is fine and to be expected. They even walk across the grass. I don't mind it that much, but my dog goes bananas. If she sees one of them she (naturally) wants to get out to the garden and chase them away.

    However, the other day I let her out when the cat was on the wall and my friend told me I should be careful because if my dog hurts my neighbours cat in my garden, or even if the cat gets a fright and falls off the wall into my garden, i'll be liable for damages. Surely this can't be true?

    My dog lives in that garden. The cats don't. I shouldn't have to double check the garden is cat-free before letting her out??

    Not a chance. It's their problem for letting their cats roam in your garden. Can't believe anyone else would even suggest otherwise.


  • Registered Users, Registered Users 2 Posts: 25,705 ✭✭✭✭coylemj


    emo72 wrote: »
    Not a chance. It's their problem for letting their cats roam in your garden. Can't believe anyone else would even suggest otherwise.

    +1 cats have resisted domestication for thousands of years. While they're happy to sleep in our houses and take the food we give them, they still behave like wild animals and will roam freely across a swathe of your neighbourhood. You're no more responsible for the cats as you are for the foxes or hedgehogs in your garden.


  • Closed Accounts Posts: 4,121 ✭✭✭amcalester


    I don’t think your neighbor is even responsible for their cat.


  • Registered Users, Registered Users 2 Posts: 1,122 ✭✭✭killanena


    I highly doubt you would be liable. Due to their nature there is very little owners can do to control their cat unless its always kept inside. They are an accident prone species but are a blessing to us all because without then we would be over ran with rats.

    You have a right to have your dog out free in a secure garden in your home.


  • Registered Users, Registered Users 2 Posts: 6,853 ✭✭✭brian_t


    I think I would be more concerned about your dog getting scratched by the cat.

    I doubt your neighbour would feel liable if it happens.


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  • Registered Users, Registered Users 2 Posts: 2,346 ✭✭✭NUTLEY BOY


    The neighbour needs to be told to go and bite herself.
    In short, her view of the law is batty.
    At worst, OP might have a liability if they negligently or purposely injured the cat.

    By the same logic the neighbour will have to accept legal liability if her cat kills a mouse and there is a fatal injury claim from Mickey's dependents :rolleyes:

    On the criminal side, OP might face prosecution for criminal damage if they deliberately killed the cat.


  • Moderators, Recreation & Hobbies Moderators, Sports Moderators Posts: 15,823 Mod ✭✭✭✭Tabnabs


    Let the dog out more often and condition the cats to stay clear of your garden.


  • Registered Users, Registered Users 2 Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    Would they be recreational users? :pac:


  • Registered Users, Registered Users 2 Posts: 20,103 ✭✭✭✭neris


    We had a neighbours cat regularly walk across our back wall over a years or two and and even come in to the garden and try stalk rabbits we had so we always told the dog there was a cat in the garden and she,d go mad to get out but would never get the cat. Until one day the cat was walking across the garden and the dog got out. The cat scurried for the wall with the dog chasing and as the cat got about half way up the wall it fell back right in front of the dog, at that stage the dog didnt have a clue what to do and the cat was able to get away.


  • Registered Users, Registered Users 2 Posts: 97 ✭✭worker bee


    Cat is definitely not your responsibility - but as I like cats in general and dislike cruelty to animals I wouldn't burst open the door etc or open it stealthily if the dog is a particularly fast or dangerous breed.

    I wouldn't like to see a big dangerous dog actually catch and hurt a cat but if it's a jack russell and it just yaps and chases a cat up into a tree then absolutely fair game. The cat will quickly learn when is a good time to cross the garden or will learn a little parkour route along fences and railings.


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  • Closed Accounts Posts: 818 ✭✭✭Hal3000


    Be careful. Remember this is Ireland. We go after people like you. You may be jailed for gross violations of that cats human rights or worse you could be jailed for letting a dog roam free unsupervised on your own property. You wont get a suspended sentence either as those are reserved for more serious crimes.

    Mod
    Hal3000
    Take it easy now. Stay within the bounds of reasonable legal discussion


  • Registered Users, Registered Users 2 Posts: 5,015 ✭✭✭Ludo


    Hi everyone, I have a bit of a strange question.

    So, my neighbour has two cats. They go in and out of all of our gardens which is fine and to be expected. They even walk across the grass. I don't mind it that much, but my dog goes bananas. If she sees one of them she (naturally) wants to get out to the garden and chase them away.

    However, the other day I let her out when the cat was on the wall and my friend told me I should be careful because if my dog hurts my neighbours cat in my garden, or even if the cat gets a fright and falls off the wall into my garden, i'll be liable for damages. Surely this can't be true?

    My dog lives in that garden. The cats don't. I shouldn't have to double check the garden is cat-free before letting her out??

    Your situation exactly matches mine. Except the cats are ours...not the dog. They sit on the wall to annoy the dog, etc and go into the garden when he's not there. Are you my next door neighbour by any chance :p

    Anyway...if the dog ever hurt or damaged one of our casts in YOUR garden I would absolutely NEVER even think to blame you as the dog owner. To even consider such a thing would be a bit weird to me. Cats will do cat things and get in trouble and dogs will do dog things...it's to be expected as another poster said.

    Can't speak for others obviously but I can't see how you would be liable here unless your dog was out on the road unrestrained and then does damage..that is way different though obviously to what youare asking.


  • Registered Users, Registered Users 2 Posts: 736 ✭✭✭TCM


    Your friend is either pulling your leg or is fool.


  • Registered Users, Registered Users 2 Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    TCM wrote: »
    Your friend is either pulling your leg or is fool.


    Meow


  • Registered Users, Registered Users 2 Posts: 80 ✭✭turbowolfed


    Thanks everyone. I thought as much. Cheers for the replies.


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