| Cat vs. Dog
Posted: 6/3/2008 7:32:33 AM | Situation:
Cat and dog both run free. Dog 'attacks' cat. Cat is taken to the vet. No open wounds, 2 bruises. Owners of cat insist that 2 x-rays be taken of the cat. Vet said x-rays were not necessary. Owner insisted, so vet took x-rays. Now, cat owners want dog owners to pay for the vet bill. Dog owners say that they will pay for services deemed medically NECESSARY by the vet. Cat owners threaten a law suit if dog owners do not pay the full amount.
So:
1. Who is at fault?
2. Who should pay what?
3. Is a law suit acceptable in this situation?
Thoughts?
~Welder's Girl~ | |
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| Cat vs. Dog
Posted: 6/3/2008 7:41:52 AM | Depends where the cat and dog are let free i suppose.. cats don't HAVE to be on leads in some places but dogs do, if this were the case the dog owner would be responsible for necessary vet fee's
The cat owner should pay for insisted uncessary fees.
I can't imagine any judge forcing the dog owner to pay for cost of x-rays if the vet said they werent needed.
I would say the dog owner was being responsible for offering to pay for any bills at all and the cat owner is just being awkward | |
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| Cat vs. Dog
Posted: 6/3/2008 7:52:16 AM | I think both owners are at fault if they allow them both to run free. They are taking the risk so they should endure the cost of that risk.
So, they should share in the cost of the necessary vet care 50/50. The owner of the cat should pay for the x-rays as they were deemed unnecessary by the vet.
A lawsuit could be acceptable, but I would weigh carefully the cost of proceeding with the lawsuit. If it exceeds the vet costs, then I do not see how it could be worth it. I would hope that each party would be civil about this and act like adults, and take responsibility where responsibility is due. | |
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| Cat vs. Dog
Posted: 6/3/2008 8:05:21 AM | Let them threaten all they want...it would not be feasible to go forth with a lawsuit or even small claims, for the cost of x-rays...the cost of either litigation would exceed such, and the chances of actually being rewarded such, are slim to none since they were deemed "not neccessary."
As far as who is at fault...I agree with the other posters. Depends on where it occurred? In a public area where neither pet should be loose? In one of the parties yards? (In this case, it would be the fault of the person who allowed their animal to roam into the other's yard.)
I think the dog owners were being more than reasonable in offering to pay the basic vet bill to have the cat checked! (And I am a dog AND cats owner!) The absolute most I would have offered personally, is to pay HALF the cost of the vet (no xrays) since it seems like I was HALF responsible. :O) | |
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| Cat vs. Dog
Posted: 6/3/2008 8:18:04 AM | It's not just the cities and towns that have "leash laws", many in-the-country counties have them too, now... so the dog owner is pretty much up shit's creek if the dog did damage to anything/anyone under a "leash law".
If there is no such law in that area, (and many people think just 'cos they're out in the country there isn't one, but check it out), then my opinion is that the dog owner just write a check (documentation) for the initial vet 'check up' (minus the un-needed Xrays) and leave it at that. Leave it at that and not let cat owner worry you. If they cash the check, you're covered... in my opinion.
If you are the cat owner, accept the check and leave it at that. Anything else will cost lots of money and lots of bad feelings. | |
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| Cat vs. Dog
Posted: 6/3/2008 8:29:30 AM | Here...I'll expound.
Technically, it occured in my yard (I am the dog owner). He doesn't really run 'free'...he is contained with an invisible fence. What I should have said is that he is free to run on our property. The cat in question had run up through the yard, ND caught sight of him and chased him, grabbed him by his back and slung him...by that time I was out to where he was and I grabbed the cat. Brought the cat inside and called the owner and told her to come get her cat. Once she was here I told her that ND had grabbed her cat and slung him about 3-4 feet.
Later in the evening she came back with the vet bill and demanded that we pay it. I told her that since it occured on my property, which the dog was contained in and her cat 'trespassed' on, that really I shouldn't pay anything. But that to keep the peace I'd pay for the exam. That was like $40.00. No harm, no foul. But the 2 x-rays? $200.00.
My dog is worse off then her cat. The cat scratched him pretty good on the face and if it were to get infected could be very costly. I brought that fact up to her and she was like 'oh well'. (I did go get him antibiotics just to make sure he doesn't get an infection, since cat bites and scratches are notorious for infection). Hell...that ran me $20, but I'm not asking her to pay for it!!!
~Welder's Girl~ | |
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| Cat vs. Dog
Posted: 6/3/2008 9:15:45 AM | I've had cats and dogs all of my life... dogs get fences, and cats stay IN the house.
It happened in your yard, dog is contained by invisible fence, cat doesn't live there... JMO but don't think cat owner has much of a case.
That said, while I think it's "nice" of you to offer to pay the vet fee anyhow, especially since you already laid out money for meds for your dog, if they're threatening a lawsuit I'd think that you paying for any of the cat's vet bill would be admitting responsibility in a legal sense. What are they going to do next, sue you because little Fluffy is traumatized by her bruising and wants to claw their sofa now?
They let their cat run loose. Outdoor cats get injured by cars and other animals all the time, plus are more likely to contract various illnesses. That's a plain and simple fact and they need to accept responsibility for their actions as cat owners. | |
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| Cat vs. Dog
Posted: 6/3/2008 9:27:21 AM | With this new bitta info...you were most definitely beyond generous! WAY beyond! Instead of the $40 on the vet, invest in a shock collar for kitty to stay OUT of your yard, and bestow it upon them! ;O)
People and cats...OMGawd...drives me batty! I have neighbors who I have no clue as to WHY they even were compelled to get a cat in the first place?! It is outside literally 24/7...I am not even sure if they feed it or expect it to fend for itself. It goes beneath my home...and SPRAYS...which the odor remains in my house for days. It has done the same under the hood of my car...which took WEEKS to not detect. UGH.
Your neighbors vet should inform them that keeping a kitty indoors can DOUBLE their life expectancy. And yes...cats CAN be leash trained. | |
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| Cat vs. Dog
Posted: 6/3/2008 9:36:40 AM | | Whatever you do, don't leave aspirin-laced cat food where the cat can find it. Especially, don't put it where the cat can get it and the dog can't. | |
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| Cat vs. Dog
Posted: 6/3/2008 9:43:40 AM | In my opinion, BOTH cats and dogs should be contained.
You use an invisible fence. You have contained your dog.
The cat was running around loose. The owner of that cat has been taking risks with that cats health. If it wasn't your dog, it might be a car hitting it or something.
I am a really big cat lover. I have one of my own. She is kept indoors.
You don't owe them anything. The cost to file a lawsuit, at least where I live, make it not worth it for such a piddly amount.
Tell her next time the cat is on your property, it goes to the pound.
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| Cat vs. Dog
Posted: 6/3/2008 9:47:55 AM | ROFLMAO!!!
Welder actually suggested that we round up all the animals from the folks that hassle us (we are the ONLY ones who keep our dogs contained on our property, yet everyone raises a fuss about our dogs...and no they aren't barkers either) and hold them hostage. hehe.
Eck....yeah, I'm not going to pay her anything since she is being unreasonable. I just got a call from Animal Control and they asked for my side of the story. Told them what happened and he said 'I really wish your neighbors would get a life and quit calling me every time one of their animals runs into your yard and gets injured' (this isn't the first issue that we've had with other animals coming onto our property).
At one point, I even told people that if they bought the set up for invisible fences that Welder and I would come install it for them...FREE. I had a bunch of old kennel panels (about 25 10' panels) that I was willing to give to one of the guys that lives down here (his dog kept running into our yard and my dogs would 'pack' up on him) so that his dog wouldn't run loose.
It's annoying...I know I have 5 dogs...but they are on my property and other than attacking other animals that happen into the yard (and they usually don't attack unless they are provoked...there are a few dogs that run up here and play with them)...they really don't cause any harm to anyone. I just can't see how I should be responsible for everyone else's animals....especially when I have offered plenty of things to help make things better.
ARGH.
~Welder's girl~ | |
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| Cat vs. Dog
Posted: 6/3/2008 10:12:26 AM | After your second explanation, I totally think it's the cat owners fault. It would make no difference if your dog had eaten that cat... it was the cat owners fault that the cat was in your yard. You were responsible in having a way of keeping your pet restrained in your yard, and the neighbor did not.
I think paying anything towards the vet bill would be unnecessary. However, paying the $40 would be a good gesture. This would never make it to court. You have spoken to animal control about these people (and apparently this isn't the first time they have heard about these people..), you have proof from the doctor that the x-rays weren't necessary and you have proof that your dog is contained in an invisible fence.
Your in the right, they're in the wrong. | |
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| Cat vs. Dog
Posted: 6/3/2008 10:20:13 AM |
Whatever you do, don't leave aspirin-laced cat food where the cat can find it. Especially, don't put it where the cat can get it and the dog can't.
In my previous post, I almost posted how I am not a mean person, but I have actually considered methods of curing my situation...the only thing is, I would be more compelled to go with something directed at the true culprits...the "pet owners!"
Unfortunately, our Animal Control does not take kitty situations seriously enough to actually come out and pick up the animal, either. They did offer to place me on a waiting list for a humane trap that I could set and THEN call them to pick up! Problem is...I am certain I would be calling them daily for critter picker upper situations! | |
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| Cat vs. Dog
Posted: 6/3/2008 10:48:59 AM | | Yeh with the new info i'd be telling the cat owner to shove the 40 up their a$$ :) | |
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| Cat vs. Dog
Posted: 6/3/2008 12:48:17 PM | dog owner pays for necessary treatments, anything above and beyond is at the cost of the cat owner...
If I ding someone's car door....I'm not paying for a new car....you got me?
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| Cat vs. Dog
Posted: 6/3/2008 1:41:38 PM | Tell them to piss off
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| Cat vs. Dog
Posted: 6/3/2008 1:59:09 PM |
1. Who is at fault?
This varies by state but I most states require all pets that are outdoors to be on a leash or in a fenched on yard that is fully secure. If your cat or dog gets off the leash or out of the yard, it is your fault. So in this case BOTH parties are at fault because neither animal was on a leash or in a fenched in yard that was fully secure.
2. Who should pay what?
Since both animals were not on a leash they civil court jusge can do one of two things. Rule as a percentage. This means that they will hear both sides and see who is more at fault. The dog owner might have to pay 50% and the cat owner pay 50%. Or whatever percentage the civil court judge sees fit. OR they could decide if both parties had vet bills they pay their own or the cat owner pays their own due to leash laws.
[Quote]3. Is a law suit acceptable in this situation?
Civil court is different than criminal court. In criminal court the prosecution needs to have evidence but in a civil court, anyone can sue for pretty much anything. So they have the legal right to sue.
If I were the civil court judge I would make the cat owners pay for their own bills if both were off a leash. Just like we must always have control of our vehicles, we must have control of our pets at all times.
~Carrie | |
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| Cat vs. Dog
Posted: 6/3/2008 3:31:53 PM | Cats do what the hell they want anyway... Frankly... the cat owner can eff off.
You can't tell cats where not to go so it's always a risk.
I've accidentally run cats over in my car.... had the owners seen me and asked me for money.. they'd not get a penny.
Don't pay anything for the cat. | |
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| Cat vs. Dog
Posted: 6/3/2008 5:34:07 PM | Carrie: No leash laws in my area.
~Welder's Girl~ | |
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| Cat vs. Dog
Posted: 6/3/2008 6:48:44 PM | Hmm - between the lines sounds like the dog may not be the nicest critter in the world. What if it had been a toddler wandering onto your property and your dog had taken a disliking to it and tried to toss it a few feet?
I've had both dogs and cats, several times at the same time and they can get on together if some effort is made to train them. I'd be nervous about having a bad-tempered dog outside where people could get at it anyways. It doesn't sound like the neighbors are too happy about it either. I hate those dogs that bark and growl menacingly as I walk along the sidewalk with the dog on the other side of the fence. It's sometimes enough to give someone a heart attack.
The law probably varies by state, but for people, the rule is generally that if they get hurt on your property - even if they are robbing you, you are liable for their injuries - unless you can demonstrate those injuries were essential to protecting yourself or your property. Not sure if that goes for pets too.
Also, if there is a danger in your yard, YOU are required to take the necessary actions to protect others from that danger. | |
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| Cat vs. Dog
Posted: 6/3/2008 6:52:22 PM | | If the cat trespassed then it's the cat's owners fault, there is nothing they can do, you can sue them for their cat for tresspassing onto your property. | |
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| Cat vs. Dog
Posted: 6/3/2008 10:10:48 PM | | I would be careful about giving or taking this type of advice to poison any animal as it has resulted in criminal charges any number of times, not to mention the same can be done for any pet you might have also ,,,, leave this for the not to bright, along with running down animals on the highway for fun | |
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| Cat vs. Dog
Posted: 6/3/2008 11:00:14 PM | ^^I did not think of it as advice, more trying to lighten the situation with humor?
My husky was actually poisoned, so I am very well aware of such. She got out when I was not home...I think someone knocked so hard on my door that it busted it open! Anyway, apparently she got ahold of a baited animal (dead...you could actually see the full carcass in her Xrays!) that was stuffed with poison to kill nuisance and wild animals. While I am sure the cretins who had this would have probably not chosen to poison my dog...it did happen...and it was MY responsibility as her owner. (I have since added new locks to my doors!)
Zoe is fine now...was a major scare, and a costly ($700+) one!
Also...the post regarding the responsibilties of a homeowner. I know this usually applies only if you have something that is a nuisance or that "entices" such as a pool. Personally, I think this is BS no matter if it is someone's kid, dog, or them! Stay the hella outta MY yard! My dog is the friendliest one you will meet...and when she is outside, she is either on her lead with me nearby, or on a gated deck. If someone...even a kid...were to come into MY yard and place their fingers in MY deck, which caused MY dog to protect HER abode...they deserve to get nipped! | |
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| Cat vs. Dog
Posted: 6/4/2008 3:29:03 AM | Quiet: My dogs are contained within an invisible fence. They have also been trained by one of the top 5 trainers in the US...if my fence fails...they will not leave my yard. Anyho...why would I train the dog and cat to get along? It isn't my cat. Kids? My dogs love kids...not vicious by any means. I have a child of my own they they adore. And there are two little girls (4 and 6) that wander up here to play with them most every day.
Plus...the dang cat lives about a half mile down the road. It shouldn't be anywhere near my house is the way I see it. The one dog that my dogs 'pack' up on....he is an intact male and is extremely 'vicious'. Actually not too long ago he killed one of those little yip yappy dogs. Every time he has come into my yard he targets my males and since I do have a pack of dogs they end of up all jumping on him once things start getting out of hand.
I have a cattle prod and one time I zapped his ass with it to get him to let go of one of my males. The owners raised a huge fuss over that...but then I told the guy, it's either I zap your dog one good time if he comes on my property or you can pay the value of my dog(s) if he kills one or more of them.
Harley: Glad your dog is fine now! Scary when something like that happens. *Passes a doggie treat for Zoe your way...*
~Welder's Girl~ | |
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| Cat vs. Dog
Posted: 6/4/2008 7:22:20 AM | By law (at least in this country Australia) dogs MUST be restrained. IF the cat ventured into the dogs territory (where it lives) then it' s at the cat owners risk. IF the dog was roaming and attacked the cat then the dog owner is responsible.
The sooner people realize that cats and dogs are different in nature then the better off we will all be.
People say.....cat's kill birds and go against nature.....however IF a cat kills a mouse then it's ok?
How many times in the news do we hear about a 'cat attack'?
Let's face it PEOPLE kill......Not just for food but for the thrill......Lay off the cats! | |
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