Dog attacked "neighbor's" stray cat.

[ftrias]

What is the name of your state (only U.S. law)? CA

My dog escaped from our yard and attacked a stray cat that the neighbor often feeds. The cat is alive, but appeared to be badly injured. The neighbor was very upset and took the cat to the emergency vet. She also called animal services. Am I legally responsible for paying the emergency vet bills, even though it was a stray cat?

[JETX]

Originally Posted by ftrias

Am I legally responsible for paying the emergency vet bills, even though it was a stray cat?

Simple answer... yes.

An owner of a dog has the duty to make sure that said animal does not trespass onto the private property of another or else the owner will be responsible for any injury resulting to the private property or animal therein.

[ftrias]

Thanks for the fast response. However, what if the attack did not happen on private property and happened in the middle of the street?

[Blue Meanie]

Originally Posted by ftrias

Thanks for the fast response. However, what if the attack did not happen on private property and happened in the middle of the street?

Your dog was out of your control and not on your property. YOU are responsible for any damages incurred.

How's the kitty doing??

[ecmst12]

The cat was not the neighbor's property, and the attack did not occur ON the neighbor's property, so I don't actually think you are legally responsible. But paying for tbe bill that the neighbor chose to incur due to YOUR failure to control your dog would still be the right thing to do.

[Blue Meanie]

Originally Posted by ecmst12

The cat was not the neighbor's property, and the attack did not occur ON the neighbor's property, so I don't actually think you are legally responsible. But paying for tbe bill that the neighbor chose to incur due to YOUR failure to control your dog would still be the right thing to do.

OP is responsible for the actions of his pet. If the neighbor hadn't paid the bill, then Animal Control most likely would have and OP would have been billed by the city.

[Zigner]

Originally Posted by Blue Meanie

OP is responsible for the actions of his pet. If the neighbor hadn't paid the bill, then Animal Control most likely would have and OP would have been billed by the city.

What makes you think animal control would have paid for the vet?

[ecmst12]

Animal control would have more likely put the animal down rather then pay for a vet.

[respectthedad]

You have a good argument? Is the cat;s said owner taking you to court over it? Small Claims? Or for the attack as well?

[respectthedad]

Originally Posted by ecmst12

The cat was not the neighbor's property, and the attack did not occur ON the neighbor's property, so I don't actually think you are legally responsible. But paying for tbe bill that the neighbor chose to incur due to YOUR failure to control your dog would still be the right thing to do.

Unless OP can prove that the Animal Control would have put the cat down? If cat person paid for it and another agency would have not paid than how can OP be responsible for payment? Hope thats understandable.
I understand legally the attack. Cats are free roaming animals and animal control will tell you that so they dont have to be pinned up.

[ftrias]

I have read the San Jose ordinances regarding animal control and spoke with the city Animal Control center. Both indicate that solely feeding the cat does not mean she legally owns it. She would need to get it registered or at least provide the proper documentation that she has been taking it to the vet for shots and proper medication.

My argument would be that she can not claim a financial loss for something that she does not own. And by taking the stray to the vet, she voluntarily assumes the cost of the bill.

I think that some of you are correct in that Animal Control should have been called and it would have been up to them to make the determination whether to save the cat or put it down. Most likely it would have been put down as San Jose does not take in feral cats.

Nonetheless, the cat is doing okay and at the neighbors house. And being good neighbors, I offered to split the bill 60/40, where I assume the majority of the cost (~$1800).

[Blue Meanie]

Originally Posted by ecmst12

Animal control would have more likely put the animal down rather then pay for a vet.

Why do you think that?

If the animal is "savable" and there is a way to recoup the cost, Animal Control or ASPCA will treat the injured animal.


Gee Guy's...Don't you all watch Animal Cops???

[Tallrat]

Originally Posted by ecmst12

Animal control would have more likely put the animal down rather then pay for a vet.

Bingo!

And one less cat to crap in my rose bed or kill birds at the feeder. Feral cat's are worst than Canadian geese.

[Tallrat]

Originally Posted by Blue Meanie

Why do you think that?

If the animal is "savable" and there is a way to recoup the cost, Animal Control or ASPCA will treat the injured animal.


Gee Guy's...Don't you all watch Animal Cops???

Most animal control places put the animal down. Private shelters will spend some outrageous money though and most of them go under because of it.

[respectthedad]

Originally Posted by Tallrat

Most animal control places put the animal down. Private shelters will spend some outrageous money though and most of them go under because of it.

They give the animal roughly 5 days or so.