Who would be responsible?

Triangle

Watching my dog running up and down the garden has got me thinking...

If a cat was in the garden and the dog chased after it and somehow managed to take a swipe and the neighbours complained and wanted, say, money towards the vet bills, who would be responsible? Is it me? Or as the cat came onto our property, would there be no case to answer to?

Similarly, if the cat took a swipe at the dog and injured it, should the cat owners be required to assist with subsquent costs?

Just to add - this has not happened, it is purely hypothetical. My dog does not make a habit of terrorising the local cats, promise!

JimmyTheWig

As per http://www.moneysavingexpert.com/insurance/cut-pet-insurance-costs, a dog's actions are the owner's responsibility while a cat's actions are not.

Triangle

Thanks for that Jimmy, I had no idea it was as clear cut as that

krlyr

From my understanding of it, a dog attacking a cat would be a civil offense, as in damage to property. The owner could take you to court but it wouldn't be a criminal offense, and as it happened on your own property, I doubt much would come of it - but many factors would probably play a part in the decision, e.g. if your fencing was secure, the neighbours knew your dog was there, your dog had no previous 'offences', etc. would probably result in less action being taken than if your fencing was inadequate, your dog had a history of aggressive behaviour, you were witnesses 'setting' the dog onto the cat, and so on.

The only case I've heard of a dog owner being prosecuted was where the dog had escaped the garden and attacked the cat in the cat owner's garden, where the dog had a history of escaping and terroring other cats (or might have been dogs, can't remember).

I did see a cat organisation leaflet that stated owners can actually be held liable for damage caused by their cat but it's blocked at work so I can't doublecheck the wording.
This thread was not quite so hypothetical and may be of interest to you
https://forums.moneysavingexpert.com/discussion/4162761

Bromley86

Similarly, if the cat took a swipe at the dog and injured it, should the cat owners be required to assist with subsquent costs?

Anecdotal, but:

"While generally theres no leash law for cats in most places, that ends when a animal is repeatedly injuring another animal and leaving its own yard to do it. I lived south of london for 2 years and the neighbor was forced by the local warden to contain his cat either to his house or a fenced pen because the cat repeatedly came into the other neighbors yard and killed rabbits and even bit a dog. they were held up to pay vet bills as well by the Magistrate."
and
"since under UK law a cat is seen as property , your neighbour has damaged your property and is liable , you could sue them."
http://uk.answers.yahoo.com/question/index?qid=20090504112458AA7RHPq

Even this pro-cat source implies yes in the Animal Act 1971 section.
http://www.cats.org.uk/uploads/documents/cat_care_leaflets/EG10-Catsandthelaw.pdf

ameliarate

It's a bit of a beggar isn't it that as the owner of a dog you can get prosecuted, even though it is in your garden, just because some cat decides to come wandering in willy nilly. We have to control our dogs yet cats can do what they want.

Bit of a downer on cats at the moment as one has taken to having a sh!te in my veg patch!!!

Triangle

Thanks for the link to that thread Krlyr, very interesting reading.

ameliarate wrote: »

It's a bit of a beggar isn't it that as the owner of a dog you can get prosecuted, even though it is in your garden, just because some cat decides to come wandering in willy nilly. We have to control our dogs yet cats can do what they want.

I'm definately inclined to agree with you on this. I often make sure the garden is empty before I let the dog into it... but I will definately be doing this from now on!

Welshwoofs

JimmyTheWig wrote: »

As per http://www.moneysavingexpert.com/insurance/cut-pet-insurance-costs, a dog's actions are the owner's responsibility while a cat's actions are not.

I don't agree with that at all and nothing on that page states that the dog owner is liable for damage to another animal whilst that animal is on the dog's property.

Yes, the dog's actions off its own property are the owner's responsibility so you need 3rd party cover for such occurances as your dog causing a road traffic accident, injuring an animal or destroying property...but that's out in public, not in its own household!

A dog owner wouldn't be responsible for a cat that got injured after roaming into the dog's garden. The cat owner could try taking out a civil case against the dog owner for damage to their property (you can take a civil case out against someone for just about anything), but if the garden was sufficiently secure I'd bet my backside they'd get precisely nowhere.

Fire_Fox

It's worth running a search, this issue has been debated on several threads including one very recently.

“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...led_by_terrier