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Advice when a dog attacks a cat please

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Across the road the neighbours have 2 greyhounds. They've got loose this afternoon and attacked one of our cats.

Is there any legal position here? i.e. should they have been 'in control'?

Also, there's a vets bill since the cat's been bitten in a number of places. He's at the vet atm with my wife and son (it's his cat) so don't know the cost. He's insured though.

Are they liable at all?

Comments

  • krlyr
    krlyr Posts: 5,993 Forumite
    Ninth Anniversary 1,000 Posts Combo Breaker
    edited 7 January 2013 at 5:41PM
    As far as I know, dogs are required to be under control in public places, so legally you could go down that route. I imagine the result of that may be a control order on the dogs or possibly the dog(s) having to be euthanised, though probably a little extreme especially if it's a 'first offence'.
    To get financial compensation I imagine you would need to go to court as the 'damages' would be considered a civil offense (damage to your property) rather than a criminal one. Have you asked the dog owner if they have liability insurance for their dogs? It's included in most dog insurance policies, can be attained on its own, or is sometimes covered on household insurance policies.
    I think you may be somewhat on iffy ground due to the roaming nature of a cat and the laws in relation to that - for example, a driver is not obligated to report hitting a cat, whereas they must report hitting a dog. Cats are basically considered 'free spirits' by the law and this may work against you in this case.

    Dangerous dog laws were due to change and reflect individual circumstances but I'm not sure if it's in effect yet or how they relate to attacks on a cat.

    https://forums.moneysavingexpert.com/discussion/1946487 is a similar thread, may be worth a read

    From a non-legal POV, do the owners of the dogs know? Were they apologetic? It could have been a genuine accident they're sorry for, I know that my dogs would probably chase a cat if they were loose and accidents can happen with leads snapping, door latches failing (one of my dogs can open doors, so I have to be very careful to make sure the front door is locked on the latch!), fences being damaged without holes or weak spots being very visible, etc. If they were happy to stump up for the bill and promised to make the necessary changes to prevent it happening again, I might not be so quick to go down the legal route. Neighbourly relations can be worth more than making a point legally. It is tricky grounds for us dog owners - we're expected and obligated to keep our dogs under control, but cats are allowed to roam anywhere they like. Alright, it's not OK for the greyhounds to have been loose in public but had your cat been in your house or garden or on a harness and lead, the incident would have had a much less severe result. Dogs don't often know the difference between wild animal and pet, especially not greyhounds who have been genetically wired to chase small furry things.
  • DCLane
    DCLane Posts: 62 Forumite
    Thanks - basically the dogs attacked the cat in our front garden. They've then chased it round the back when I intervened.

    Cat's been rescued from the tree it climbed up to escape their attack and been to the vets. It's OK-ish.
  • Herongull
    Herongull Posts: 1,356 Forumite
    Eighth Anniversary Combo Breaker
    edited 7 January 2013 at 6:16PM
    My layperson's understanding is that under civil law, the keeper of the dog may be liable for damage caused by the dog under certain circumstances:

    1/ If they were negligent in relation to the dogs getting loose. How did the dogs get loose?

    2/ Even if they were not negligent (eg it was an unforseeable situation that allowed the dogs to get loose), under some circumstances, there can be strict liability for damage caused by the dogs (or other animals) under the Animals Act 1971 - see
    http://www.asdonline.co.uk/news/dog-bite-claims.

    The legal tests for strict liability are not straightforward, so legal advice is adviseable. The above link concludes:

    In the modern world the old adage that every dog is entitled to one bite no longer applies. Dog owners would be well advised to have comprehensive insurance in place to protect then from the indiscretions of their pets. Nevertheless it is clear that unless the case involves a dog that has previously offended claimants do not have it all their own way. As a result of some rather awkward drafting the 1971 Act continues to ensure that a definitive answer as to when a dog owner is liable for the actions of their animal remains as elusive as ever.
  • _Andy_
    _Andy_ Posts: 11,150 Forumite
    Just politely speak to them and ask them to foot the vets bill.
    Sounds like an accident - many greys including my own aren't cat friendly sadly.

    I am generalising a bit but grey owners are normally very responsible so I would put this down to bad luck, ask them to pay for the bill, and move on
  • dizziblonde
    dizziblonde Posts: 4,276 Forumite
    1,000 Posts Combo Breaker
    Most grey owners would be utterly mortified - indeed the charity mine was rescued via recommends muzzling even to let them out for a pee break until the local cats twig there's a new dog on the block and steer clear of the garden in question (doesn't stop the local moggie who thinks he's Rambo sitting on the fence smirking at my two though - although when he almost got blown off by a gust of wind his pride was somewhat dented).

    Mind you - mine gets chased BY the cat.

    I'd just be asking for the vet bill covered and reassurance their garden's been made secure to be honest - speaking on both sides of the fence here as a pointy-owner and a cat-owner.
    Little miracle born April 2012, 33 weeks gestation and a little toughie!
  • trudij
    trudij Posts: 1,905 Forumite
    Part of the Furniture Combo Breaker
    Id have been mortified if my dog injured a cat (especially one that wasnt in his garden!) (another long dog owner here!) and Id be making darn sure Id cover the excess for the insurance so you arent out of pocket.

    If the cat had been in the dogs garden, I have to say while Id still be upset, its the nature of hounds to chase and catch furry things that run away - so its a bit of six of one and half a dozen of the other IMO....

    Hope you cat makes a speedy and full recovery.
    Do not meddle in the affairs of dragons, for you are crunchy and taste good with ketchup
  • Most grey owners would be utterly mortified - indeed the charity mine was rescued via recommends muzzling even to let them out for a pee break until the local cats twig there's a new dog on the block and steer clear of the garden in question
    _Andy_ wrote: »
    Sounds like an accident - many greys including my own aren't cat friendly sadly.

    I am generalising a bit but grey owners are normally very responsible so I would put this down to bad luck, ask them to pay for the bill, and move on

    Have to agree with both the above - have you any idea how they got loose (did someone go into the garden & leave the gate open .... was it carelessness on the owners part etc)?

    I'd be expecting them to offer to foot certainly the excess & anything else that the insurance won't cover - although your insurance company may wish to pursue them direct for full costs
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