QUESTION

Is our neighbor responsible for her cat that injured our dog while her cat was in our yard?

Asked on Nov 22nd, 2011 on Animal Law - California
More details to this question:
Our neighbor''s cat came into our backyard and scratched our dog''s eye, costing us just over $300 in vet bills so far. Here is what happened: The dogs were let out in the backyard as usual and they started to bark at something that appeared to be under a turned over wheelbarrow. I went outside to see what they were barking at and let one of the dogs inside, not realizing that she was injured. When I went out there, I saw the other dogs looking under the wheelbarrow and barking. Next, I saw the neighbor''s cat fleeing the yard. Moments later, I was informed that our dog''s eye was bleeding and scratched. We informed the neighbor of the attack and asked that they pay at least half of the vet bill since their animal was in our yard. But so far she is dodging our calls and it appears that we may have to take her to court. She thinks that she is not responsible because the cat is allowed to roam free, but her cat was in our yard. Is she liable for what her cat did?
Report Abuse

1 ANSWER

Personal Injury Attorney serving Newport Beach, CA
2 Awards
Sorry to hear about your dog's injury. The short answer is "Maybe", if you can prove that the cat caused the injury to your dog, your neighbor might be held responsible for the cost of treating your dog's eye. One of the responsibilities that we take on for bringing animals into our human neighborhoods is that we then become responsible to protect our neighbors from the consequences of those animals acting out their natural propensities. With really wild animals, and with more domesticated animals under special circumstances this liability is often "strict" - that is, you don't need to prove that the owner was negligent in his management of his animal. With more domesticated animals, including cats, you would need to show that the owner realized that his animal had a dangerous propensity to injure other animals or people and failed to take reasonable steps to protect the neighborhood from that propensity. Talk calmly to your neighbor about sharing the cost of the vet bill. This is a situation in which you should consider the long term emotional effects of trying to force your neighbor to pay. Neighborhood litigation is a messy and harmful process. If you feel you have no other recourse for resolving this matter,to your satisfaction, look at the Small Claims Court in your county.  We wish you the best of luck in charting this course Brian Chase, BISNAR|CHASE, Personal Injury Attorneys. http://www.BestAttorney.comhttp://www.ProductDefectNews.com 800-956-0123  
Answered on Nov 25th, 2011 at 10:41 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters