cat hurt dog- whos responsible?

u_c_thesecond · 09-01-2012 04:26PM #1

My sister has lived in her house for 5 years.Shes had her cat for 3 years. he is an outdoor cat and is normally out a lot.

2 months ago the house next door was sold and a man moved in with his 2 dogs, these are big labs.These dogs have cleared the wall into my sisters garden before after the cat and my sister has had to go over to the house a few times about it. The wall is pretty high its about 8 foot (guy in house extended it before he moved)- but theres a coal bunker beside it so the dogs jump on the bunker and jump the wall.

The dog owners been pretty rude and says its nature. The fact that they are jumping into my sisters property means nothing to him.

So basicaly yesterday my sister made a point of keeping her cat in because the dogs had jumped into the garden that morning after the cat.But he got out the window. Long story short my sister heard yowls and barks in the garden. When she came out her cat was hissing in the corner and the dog(only 1 had come in) hopped back over the wall.

The owner called into my sister an hour later screaming that "her cat had blinded his dog" His dogs face was scratched and his eye was bleeding and he said the vet had said it was from a cat attack. He demanded she pay the vet bills or he would sue her.

Shes refusing to pay the bill because the dogs came into her yard.

Can anyone give me an idea of where she stands?

codie · 09-01-2012 04:35PM

Shouldn't be a problem for your sister.A dog owner myself I know thats its up to me to control my Dogs.I think her new neighbour is a bit of a bully.Tell him get lost.

wobbles · 09-01-2012 04:35PM

Tell him its just nature.

Let him sue your sister of he wants to go down that road. His dog was trespassing on her property, where im assumeing the attack took place. Your sister has warned him before that the dogs were on her property. Consider yourself lucky that only one dog managed to jump across, or her cat wouldnt be here today.

What the dog did is natural, but its up to the owner to ensure that his dogs are under control at all times. Unfortunatly, the dog has to pay for his owners stupidity. Hopefully now, when the owner has to fork over money, that he may look after his animals better

Paulw · 09-01-2012 04:36PM

The dog was trespassing on her land.

Could you claim that under The Criminal Law (Defence and the Dwelling) Bill 2010 that the cat was protecting itself and the property.

I've no idea how this would stand in law, but the dog entered the property without permission, so I can't see how she would be liable for any vet costs.

Stripey Cat · 09-01-2012 04:40PM

Her yard, her rules.

MarkR · 09-01-2012 04:41PM

No responsibility. Dog was in your garden. And, if I remember correctly, while owners of dogs are responsible for their actions legally, cats aren't.

He has some cheek. Go with the "it's nature" reply. Record it for youtube if possible.

mkie · 09-01-2012 07:42PM

tell him its only nature:D

nuac · 09-01-2012 08:03PM

Refer him to Section 9 of Dogs Act 1986 - owner/occupier obliged to keep dog under control.

Sorry about the Lab - usually they are not cross dogs, but will get out of most enclosures

u_c_thesecond · 09-01-2012 09:13PM

Thanks for the replies all. i was pretty sure she was under no obligation to pay the bills as the dog was in her yard. I have told her this and she still has no intention of paying the bill.

could she file a claim against him for not controlling his dogs, cat or no cat they are jumping into her garden

Delancey · 09-01-2012 09:22PM

u_c_thesecond wrote: »

could she file a claim against him for not controlling his dogs, cat or no cat they are jumping into her garden

She could complain to the Dog Warden alright but that might aggravate things with the neighbour.
I have to make the unpleasant suggestion that if this guy is as big a dickhead as he sounds that your sisters cat may not be safe - what happens if her cat is walking on his wall for example ?
I would be concerned he may do something to her cat ?

golden virginia · 09-01-2012 10:42PM

I had a situation up the road with a neighbour and a giant labrador.

We live on a green.

One day I was coming back from shop with a tin of beans in a bag . I opened my front gate and the Labrador started jumping in my face and barking at me. I lost it completely - swung the bag with the tin of beans at his head several times - just out of instinct ( frightened woman here).

The owner come in and tried to stop me defending myself- i told him the next time that his mutt is on my property - or even on the green I would get my shotgun and blast him (the dog). This worked and the labrador was never on the green or in my garden again.

I actually don't have a shot gun but he doesn't know that. As far as I know it is legal to have a shotgun.

Stripey Cat · 10-01-2012 01:21AM

<quite scared of you now>

u_c_thesecond · 10-01-2012 04:28AM

golden virginia wrote: »

I had a situation up the road with a neighbour and a giant labrador.

We live on a green.

One day I was coming back from shop with a tin of beans in a bag . I opened my front gate and the Labrador started jumping in my face and barking at me. I lost it completely - swung the bag with the tin of beans at his head several times - just out of instinct ( frightened woman here).

The owner come in and tried to stop me defending myself- i told him the next time that his mutt is on my property - or even on the green I would get my shotgun and blast him (the dog). This worked and the labrador was never on the green or in my garden again.

I actually don't have a shot gun but he doesn't know that. As far as I know it is legal to have a shotgun.

You definatly had the right to defend youself there, if he had bitten you i bet the neighbour would have been at your door with flowers:)

My sister has no kids- though she is 7 months pregnant, and shes thinking more about the future-if the dogs will jump the wall looking for the cat, why wouldnt they jump the wall while she is out in the garden with her baby and go for them. The dogs have gone for her before while she was running into the house with the cat and if she has a baby in her arms what could happen if she fell on the way.

The neighbours an ignorant man, ive met him once and oddly enough i was shooing his dogs out of my sisters front garden after they were pissing on her lawn and he yelled at me to leave his babies alone. My sister later told him to keep his mutts inside or the dog warden would be called. 2 hours later they were sniffing at her gate again

:mad:

castie · 10-01-2012 05:06AM

I would be very slow to get the warden involved.
Mainly because if the dogs get taken from him there may only be one result for the dogs.

I dont think the dogs are doing much wrong themselves.
They are chasing a cat which is in their nature.
OP I from what your saying they didnt actually go for you.
You had the cat in the air and they were going for the cat similar to if I had the dog bowl in my hands the parents dog would go ape**** trying to get it off me.

The problem is the owner.
He should move whatever is giving them access to your back yard firstly.
Doubt they could jump an 8ft wall without something to give them a boost.

Possibly tell him you have seen rats in your backyard and are putting poison down for the rats. (Although your cat out may make this unbelievable)

golden virginia · 10-01-2012 11:09AM

I think the poison is a good idea - should give him enough of a doubt to prevent putting his precious dogs at isk!

CIARAN_BOYLE · 10-01-2012 11:28AM

u_c_thesecond wrote: »

could she file a claim against him for not controlling his dogs, cat or no cat they are jumping into her garden

If she wanted to spend money going the legal route she may be able to get some sort of injunction forcing him to remove(or move) the coal bunker that gives the dogs access to her garden

Stripey Cat · 10-01-2012 01:48PM

spend money going the legal route

That's what the dog warden is for, isn't it?

u_c_thesecond · 10-01-2012 03:20PM

castie wrote: »

.
OP I from what your saying they didnt actually go for you.
You had the cat in the air and they were going for the cat similar to if I had the dog bowl in my hands the parents dog would go ape**** trying to get it off me.

But the point im trying to make is she shouldnt have to be protecting the cat in her own garden. These dogs jump into the garden all the time and sometimes when the cats in the house, they still jump over the wall . Like i said shes preg what if shes out in the garden with her infant and they hop over the wall . Im not saying they would go for her or the baby but its a possibility and one i dont think shes willing to find out 1st hand [/QUOTE]

castie wrote: »

.
He should move whatever is giving them access to your back yard firstly.
Doubt they could jump an 8ft wall without something to give them a boost.

all the houses have stone coal bunkers and thats what they are using to jump the wall, and they are using my sisters one to get back over the wall into their garden

Paulw · 10-01-2012 03:30PM

Some tips - http://landscaping.about.com/od/pestcontrol/a/dog_repellents.htm

Put some of these on the edges of the coal bunker and it should keep the dogs away.

castie · 11-01-2012 03:05AM

u_c_thesecond wrote: »

But the point im trying to make is she shouldnt have to be protecting the cat in her own garden. These dogs jump into the garden all the time and sometimes when the cats in the house, they still jump over the wall . Like i said shes preg what if shes out in the garden with her infant and they hop over the wall . Im not saying they would go for her or the baby but its a possibility and one i dont think shes willing to find out 1st hand

No I wasnt saying she should have to.
And I agree fully with something needing to be done.
But I disagree with punishing the dog itself but rather the owner.

To say a dog went for someone is a huge accusation considering the punishment that is usually inflicted on dogs when they do.

u_c_thesecond · 11-01-2012 10:08AM

castie wrote: »

To say a dog went for someone is a huge accusation considering the punishment that is usually inflicted on dogs when they do.

But like i said she doesnt want to take the risk that they will go for her or her child. She just wants them kept out of her garden and the owner is having none of it.

Since the orginal "Pay the bill" row he has put 2 letters in the door stating he has called a socilitor:rolleyes:

castie · 11-01-2012 10:42AM

u_c_thesecond wrote: »

But like i said she doesnt want to take the risk that they will go for her or her child. She just wants them kept out of her garden and the owner is having none of it.

Since the orginal "Pay the bill" row he has put 2 letters in the door stating he has called a socilitor:rolleyes:

Not saying she should run the risk at all either.

Get him done for unsolicited mail?

Stripey Cat · 11-01-2012 03:03PM

u_c_thesecond wrote: »

Since the orginal "Pay the bill" row he has put 2 letters in the door stating he has called a socilitor:rolleyes:

She should do two things:

1: write to the neighbour's solicitor directly explaining the situation. (Probably an idea to write Without Prejudice in big letters on the top of the letter)

2. Call the dog warden

She should also consider contacting local politicians. Doesn't matter what party, just the most active ones. They do a lot of leafleting, so usually hate careless dog owners.

Rob Nulty · 11-01-2012 03:09PM

Really you should get the cat put down, if a child went up to it, and it blinded the child, there'd be hell to pay.

Stripey Cat · 11-01-2012 03:11PM

Rob Nulty wrote: »

Really you should get the cat put down, if a child went up to it, and it blinded the child, there'd be hell to pay.

Maybe all cats should be put down, so?

Paulw · 11-01-2012 03:23PM

Stripey Cat wrote: »

She should do two things:

1: write to the neighbour's solicitor directly explaining the situation. (Probably an idea to write Without Prejudice in big letters on the top of the letter)

2. Call the dog warden

She should also consider contacting local politicians. Doesn't matter what party, just the most active ones. They do a lot of leafleting, so usually hate careless dog owners.

I disagree. She should not, in any way, respond to his letters, nor write to any solicitor.

I do agree that she should contact the Dog warden and report that the dog keeps entering her premises. But, she should also take precautions to try to keep the dog out (such as the use of items like citrus, vinegar).

Politicians are a waste of time and effort, usually.

Rob Nulty · 11-01-2012 03:23PM

Stripey Cat wrote: »

Maybe all cats should be put down, so?

Maybe just the vicious ones like the one in this thread. Putting all cats down is a bit much i think.

padraig.od · 11-01-2012 03:24PM

u_c_thesecond wrote: »

But like i said she doesnt want to take the risk that they will go for her or her child. She just wants them kept out of her garden and the owner is having none of it.

Since the orginal "Pay the bill" row he has put 2 letters in the door stating he has called a socilitor:rolleyes:

That's hilarious, what a buffoon! She should write LOL on both letters and post them back. I'd get a second cat too for the craic.

Paulw · 11-01-2012 03:29PM

Rob Nulty wrote: »

Maybe just the vicious ones like the one in this thread. Putting all cats down is a bit much i think.

The cat was defending itself, on it's own property.

The cat should be left alone.

Maybe the dog should be put down??? :rolleyes:

simit · 11-01-2012 03:40PM

It's up to the dogs owner to train and maintain them in an enviroment that's safe for them and everybody else. If he's not willing to do that then he has to suffer the consequences. He sounds like a bit of an a$$h0le though, so you should probably keep an eye on your cats!

padraig.od · 11-01-2012 04:01PM

simit wrote: »

It's up to the dogs owner to train and maintain them in an enviroment that's safe for them and everybody else. If he's not willing to do that then he has to suffer the consequences. He sounds like a bit of an a$$h0le though, so you should probably keep an eye on your cats!

He sounds like a total a$$h0le, trying to bully a pregnant woman like that. That woman should just stand strong and tell him where to go.

cat hurt dog- whos responsible?

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