Feel terrible!

krlyr

Yes, sorry, noticed the fence bit - does blur the lines a bit but OP does state it was their fence rather than their neighbours.
One quite simple fix you could try - fix a bit of wire an inch or two along the top of the fence, not sagging but not completely taut - you want a little bit of wobble when stood on. Should hopefully stop the cat walking along/sitting on the fence, if it dares do so again in the future.
Another alternative would be some kind of incline on your side. Trellis may be one of the better looking options but if you're not overly fussed on looks, you could make your own version of this kind of cat-proofing system, I had to do it to stop one of my dogs climbing the 6' fencing
http://www.purrfectfence.co.uk/outdoor_cat_enclosures.asp

The dog still remained enclosed in its own garden though - I would still say much of the responsibility of a cat belongs to the cat's owner. You let a cat roam free, you basically lose the majority of control over its wellbeing.

NewKittenHelp

krlyr wrote: »

Yes, sorry, noticed the fence bit - does blur the lines a bit but OP does state it was their fence rather than their neighbours.
One quite simple fix you could try - fix a bit of wire an inch or two along the top of the fence, not sagging but not completely taut - you want a little bit of wobble when stood on. Should hopefully stop the cat walking along/sitting on the fence, if it dares do so again in the future.
Another alternative would be some kind of incline on your side. Trellis may be one of the better looking options but if you're not overly fussed on looks, you could make your own version of this kind of cat-proofing system, I had to do it to stop one of my dogs climbing the 6' fencing
http://www.purrfectfence.co.uk/outdoor_cat_enclosures.asp

The dog still remained enclosed in its own garden though - I would still say much of the responsibility of a cat belongs to the cat's owner. You let a cat roam free, you basically lose the majority of control over its wellbeing.

It jumped and dragged a cat which was sat on a boundary fence into its territory and mauled it. I *think* that legally, given a cat's right to roam, that the OP could be liable for prosecution. She certainly would be when the law is changed (which may have already happened) to include attacks private property.

Personally I think it's a bit of six of one, half a dozen of the other with blame. Despite a cat's right to roam, I do think it's better to have cat proofed gardens, but equally, if someone has a dog that's capable of jumping a fence (and any dog that can get its head up to the top of a fence, can get over it) then they have a responsibility to ensure they have a fence that it cannot reach the top of/get over.

In this case I think the OP has been lucky that the neighbour's been so understanding, and if there are any vet bills, then I think she should cover them. I also think it would be best for her to fit an overhang to her fence so that her dog can't get to the top of the fence, or over it.

Fire_Fox

“I called the police but all they can do is warn the owner.

“I’ve called the RSPCA and they said they can’t do anything unless it has previous for bad behaviour.

“My cat is dead, killed in a truly vile way.”

Under the law, the only option he has is pursuing the matter through the civil courts.

Under the Dogs Act 1871, he can complain to a magistrates court that the dog is dangerous and not kept under control.

If he could prove that, the court can enforce that the dog is either destroyed or kept under control .....

A spokesman for the RSPCA explained the law.

He said: “The Dangerous Dogs Act (DDA) 1991 does not deal with dogs attacking other animals; it was primarily designed to protect public safety.

“There is no criminal offence if a dog attacks another dog or cat.

“However, the Dogs Act 1871 is still in force and this enables a person to make a complaint to a magistrates court that a dog is dangerous and not kept under control.

“This Act can be used for persons and/or animals, and it is not necessary that the dog has actually injured a person or animal.

“It is also not an offence if a dog attacks on private property, for example if a cat comes over a fence, unless there is a deliberate incitement to cause the dog to attack.

“This may be an offence under the Dogs Act 1871, Control of Dogs Order 1992 or even the Animal Welfare Act 2006.”
http://www.getbracknell.co.uk/news/s/2069251_no_justice_fury_as_beloved_pet_killed_by_terrier

krlyr

Will the new laws cover attacks to other animals? I know the new laws relate to human attacks, e.g. to cover postmen and other staff that have legitimate reason to be on your property but I would be surprised to see it extended to cats, who don't seem to have lots of rights in terms of the law (e.g. you have to report hitting a dog with your car, but not a cat). I have heard of one case of a dog owner having action taken but I believe that it happened outside of the dog owner's garden (perhaps in the cat owner's garden or out in public) and the dog had a history of out-of-control behaviour too.

I don't think that a dog being able to jump up against a fence necessarily implies that the fencing is not secure, either. My previous neighbours owned two GSDs and their garden was enclosed by 3' fencing at the back, 4' at the front. The older male was a huge example of the breed - way bigger than my 40kg boy, and tall as well as a big (not fat) build. 4' would have been like hopping over a step to him, let alone 3', but never once did he (or the other dog) hop over that fence once in the whole time I lived there. Someone even reported it to the local PCSOs as they were nervous of the dogs barking as they passed (public footpath ran down the private lane we were on) and the PCSO asked me if the dogs could jump the fence - I said yes, they could, but if they would was another question. Even me walking past with my dogs (the boys just seemed to take an instant dislike to each other) would set them off barking but I never once feared that the dogs would jump over the fence to get to us.

Dog is contained within a garden, cat is free-roaming, personally I think the cat owners should be the ones stepping up to their responsibility here.

NewKittenHelp

krlyr wrote: »

Will the new laws cover attacks to other animals? I know the new laws relate to human attacks, e.g. to cover postmen and other staff that have legitimate reason to be on your property but I would be surprised to see it extended to cats, who don't seem to have lots of rights in terms of the law (e.g. you have to report hitting a dog with your cat, but not a cat). I have heard of one case of a dog owner having action taken but I believe that it happened outside of the dog owner's garden (perhaps in the cat owner's garden or out in public) and the dog had a history of out-of-control behaviour too.

I don't think that a dog being able to jump up against a fence necessarily implies that the fencing is not secure, either. My previous neighbours owned two GSDs and their garden was enclosed by 3' fencing at the back, 4' at the front. The older male was a huge example of the breed - way bigger than my 40kg boy, and tall as well as a big (not fat) build. 4' would have been like hopping over a step to him, let alone 3', but never once did he (or the other dog) hop over that fence once in the whole time I lived there. Someone even reported it to the local PCSOs as they were nervous of the dogs barking as they passed (public footpath ran down the private lane we were on) and the PCSO asked me if the dogs could jump the fence - I said yes, they could, but if they would was another question. Even me walking past with my dogs (the boys just seemed to take an instant dislike to each other) would set them off barking but I never once feared that the dogs would jump over the fence to get to us.

Dog is contained within a garden, cat is free-roaming, personally I think the cat owners should be the ones stepping up to their responsibility here.

I don't know enough about the changes of the law to say for sure. But I will say that I doubt that a dog dragging something back into its own garden would be much of a defence. That's what happened here. Dog attacked cat, dragged it into its garden, cat tried to get away and the dog got it again and dragged it back.

The OP securing her fence is as much for her dog as the neighbour's cat. I know if my neighbour's dog got into my garden and was mauling my cat, I'd be acting on instinct and if the dog died, then tough. I have a slightly different situation here as my neighbour replaced some of the previous fence with a trellis fence so now her garden is completely open to cats, whereas before it wasn't (last neighbour was deathly allergic so it was like fort knox). And indeed we've found her dog in ours quite a few times.

orlao

OP,

Hope you're feeling a bit better now but keep an eye on your scratches and don't hesitate to go to the doctor if they start to look infected!

Hopefully the cat will have the sense to avoid your garden now - they aren't usually stupid...

AFAIK, you cannot be held liable for damage to a cat - as krlyr said they are not protected because they roam. On the other hand, cat owners cannot be held liable for their actions either ie if they cause a RTA unlike a dog.For the sake of good neighbourly relations I think I would offer to pay any vet bills in your situation.

Before anyone says that I'm a cat hater :eek: I'm not. My cats were always outdoor type cats and while I would have been devastated if anything happened to them but I accepted that their lifestyle was a risk and wouldn't have blamed anybody if they had been run over or attacked by a dog. I also had a terrier who would have a strange cat but happily lived with 3 cats for 15 years - and she wasn't a pup when they moved in so it can work. TBH I'd probably separate the kitten and the dog when you're out for a while - just in case.

orlao

NewKittenHelp wrote: »

I don't know enough about the changes of the law to say for sure. But I will say that I doubt that a dog dragging something back into its own garden would be much of a defence. That's what happened here. Dog attacked cat, dragged it into its garden, cat tried to get away and the dog got it again and dragged it back.

The OP securing her fence is as much for her dog as the neighbour's cat. I know if my neighbour's dog got into my garden and was mauling my cat, I'd be acting on instinct and if the dog died, then tough. I have a slightly different situation here as my neighbour replaced some of the previous fence with a trellis fence so now her garden is completely open to cats, whereas before it wasn't (last neighbour was deathly allergic so it was like fort knox). And indeed we've found her dog in ours quite a few times.

My bolding.

That's a very different situation - by virtue of being off it's own property the dog is out of it's owners control and that's an offence.

NewKittenHelp

orlao wrote: »

My bolding.

That's a very different situation - by virtue of being off it's own property the dog is out of it's owners control and that's an offence.

My point was that the dog was temporarily off its owners property - the cat was on the boundary fence and it was (twice) dragged into the garden. In that situation, a fence wouldn't keep me from doing whatever I had to to save my cat.

~Chameleon~

NewKittenHelp wrote: »

My point was that the dog was temporarily off its owners property - the cat was on the boundary fence and it was (twice) dragged into the garden. In that situation, a fence wouldn't keep me from doing whatever I had to to save my cat.

The dog was in its own garden. If you went into the owners garden to save your cat and attack their dog then you would be trespassing and performing a criminal act.

cheepskate_2

OP I would seriously consider rehoming your cat.

Your dog even with you screaming and pulling it went back in again to maul the cat, either you have no control over it or its prey drive is too much.

surely you must have known about this dogs preydrive with cats before you got the kitty.

There is a difference between dogs chasing cats, We had a dog who loved to do this, but the cats got used to her and would just sit there and ignore her lol.

Dogs that carry out the "kill" , I would never trust with a cat, it just takes one "chase" situation and the dogs natural instinct kicks in

As for next doors cat, it will have learnt that your dog is aggressive towards it, so will be more careful when it goes on the fence