dead cat

[Misty Schlegel]

What is the name of your state? Oregon
we bought our daughter (10) a much hoped for cat on her birthday. Our pet was licensed and tagged. He was about 4 months old and we were in the process of trying to get him to stay in the house. (which was not easy) One of our neighbors ran over the cat on a 15 MPH small lane and attempted to cover up the accident by hiding the cat in a garbage bag to take to bury on his farm. One of our other neighbors witnessed this, called him on it, then ran over to tell us. I won't go into specifics regarding my reaction to the death of our pet, but I know the neighbor heard me. To complicate matters, even after an attempt at neighborhood mediation and a certified letter requesting some closure in the matter, the neighbor never contacted us or stopped by to talk to our daughter. Nadda, zilch, nothing. I took him to small claims mostly because of his lack of empathy in the matter. The cat was $550. Does anyone out there think I am "mewing" up the wrong tree?

 

[stephenk]

That is one of the hazards of owing an outdoor cat. They tend to run onto the road and get run over by cars.

How did the cat get out the day it was run over? How long had it been out before it was hit? What were you and/or your daughter doing to get the cat back in the house before it was hit?

How is the other driver negligent? Did the neighbor see the accident or just the guy trying to take the dead cat? If the cat darted in front of his car, the driver is not at fault.

 

[Misty Schlegel]

StephenK, thank you for your reply. The cat had been out that day for a few hours. We tried for an hour to get him to come in. We had bells on him just for this sort of incident, due to the cat's ability to dart out of the house or garage whenever our daughter or her friends opened up one of the doors to go out or let the dog out. We were in the planning stages for a large cage-type structure to build out by the side of our house because it was so difficult to keep him in. This is hearsay and witnessed by more than a few neighbors. The man that ran over the cat has a history of erratic and angry driving on our lane and in the town we live in. However, I cannot prove that he hit the cat on purpose or that he was driving erratically at the time. He does take very wide turns and a running start to make it up his driveway and the cat was found on the opposite side of the road. I always thought that a pet was considered personal property. My other neighbor's daughter heard the cat get hit and ran outside with her mom to find the man that ran the cat over standing around ready to bag the cat, so to speak. Have I answered everything to your satisfaction?

 

[djohnson]

First I doubt very seriously that any bells put on this cat for any reason could be heard from inside a running and moving vehicle. I think there is no way to actually prove this man done anything wrong to kill the cat. I think you might have had more luck in mediating with this person if your reaction would have been different. It's your responsibility to make sure the cat was safe. If you can find him at fault for 'damaging your property' then you could just as easily be at fault for negligence. Try going to the pound or local humane society and getting a cheaper cat. $550.00 for a cat is very expensive for 10 year olds pet.

 

[Misty Schlegel]

expensive cat, cherished pet

djohnson, since when does the price of a pet dictate the price of the loss of companionship? Our family was devestated by this. If the cat was from the pound, we would have reacted the same because it would have been a PET. The issue here is that he ran over our pet, REFUSED mediation and then inflamed the incident even more by his lack of empathy and attempt to hide the evidence from us. I am researching animal law at the moment and feel that not only was our pet personal property but a part of our family. If I were to hit and run over this neighbor's dog, regardless of the price, I would apologize and offer restitution. The neighbor has a huge REP in this neighborhood, which doesn't make a diff in the case itself. You're right, however, about the bells on the cat's collar. Of course the driver could not have heard the bells, he was more than likely screaming at his family while driving into his driveway. I am not really disputing the fact as to wether or not this 'neighbor' hit the cat maliciously or by accident, or whatever. I am (we are) attempting to send a message to this neighbor that we are grieving over a pet and if he cannot respond to that, then perhaps he will respond in small claims court.

 

[JETX]

"The issue here is that he ran over our pet"
*** That is not the 'issue'....
The issue is, by your inaction and negligence, you allowed your 'beloved' pet animal to roam free in the neighborhood, where it got run over and died. If there is any 'negligence', it is purely your inability or failure to control YOUR pet.

Further, though this was a 'beloved' pet, the courts do not grant any animal special status. They are merely property, and that is all they are. As such, the only value they have is what the market would pay for equal property. Additionally, you cannot recover 'pain and suffering' or 'emotional value' for a pet (property).

Simply, you have no case against the driver, in court or otherwise.

 

[enjay]

I have to agree with JETX. It is your responsibility to ensure the safety of your pet. If you choose to allow your pet outdoors you assume the risk of your pet being injured or killed.

Cats should remain indoors. My two cats, both of whom I've had for 13 years, have never been outside and are content to sit in the window. Giving them a taste of the outdoors pretty much ensures that they will continue to try to get out. You can't blame other people for what happens if they do.

 

[hexeliebe]

not a legal opinion but experience

I raise and breed show cats who live indoors except when we take them to shows across the country but I have had the same experience in Calif if my experience helps.

According to what happened to me, (a pet got loose and caused an accident) the pet owner is responsible for the actions directly caused by loss of control of the pet, including, as in my case, the dog running into traffic, the driver swerving to miss him and causing an accident.

In your case the problem is that the neighbor who ran over the cat did not do so intentionally (or so you can't prove) so there's not much you can do. Yes, he acted to cover up his action, but that's not actionable. He could have used better judgement but as far as legally responsible, you are the only one who could be held to this standard if the cat caused any damage.

Sorry for the loss. I hope the next animal you bring into the house stays for a bit longer.

 

[gobonas99]

If you paid $550 for a cat, then i assume that this was a pedigreed cat with registration papers and whatnot that you had sign a contract with a breeder in order to buy it. Many breeders have a clause in their contract that the cat is NEVER to be allowed outdoors. Some even have, as part of that clause damages that are to be paid to the breeder, should the cat be hurt or killed if it is allowed outdoors (I saw one contract that was $1,000 per violation - ie declawed, allowed outdoors, any other stipulation). Many breeders also require a buyer to provide vet information in the contract that that you keep them appraised of any change in vets (ie if you move), so that they can contact the vets if need be. Some even conduct "spot checks" - calling vets of buyers to check on the cat's health. You may want to read your contract.

I also agree with djohnson that you should have gotten a cat from your local humane society for your 10 year old, until the child learned how to care for a cat.


hexeliebe...my husband and I are looking to purchase a British Shorthair kitten (female), as a pet, not for show. What kind of cats do you breed? If not BSH, do you know anyone who breeds them? Thanks!

 

[hexeliebe]

don't want to take away from this forum

to conduct business but I can tell you I raise and show Long-haired persians with 32 grand champions, 4 regional champions and two National Champions. The last two cats we sold went oversears, one to Japan for $5,000 and the other to Paris, France for $3,500...

I suggest you check with Cat Fanciers Association (they have a website) for the name and address of a breeder of the type of cat you wish to purchase in your area.

Also, the type of contract you explained in your post is something I have never heard of. Once we sell a cat there is no recourse if the animal is mistreated except through the humane society or local laws. However, we do check with all buyers to lend assistance if they are having problems.

Show cats are typically very difficult to care for. Their diet is different than pets and they have certain show regulations that must be adhered to such as clipping of nails, coat nutrition and demeanor.

We recently gave 15 cats to a "friend" who wanted to get into the business but, through personal problems, was unable to care for the cats properly. We ended up having to take the cats back, build a new cattery to house them (because they had to be segregated from the normal population due to illness) and have lost 4 of them due to disease but at least now they are being cared for correctly.

SO PLEASE, anyone who brings an animal into their home remember, this is a living thing, not a toy, and deserves the same respect and care as all living things.

 

[gobonas99]

Thanks hexeliebe...I have already emailed every BSH breeder on breedlist.com (which is the link from the CFA page). Unfortunately, the closest breeders are 5-6 hours away from us (one way).

The contract terms that I mentioned are actual terms from contracts that some of the BSH breeders have posted on their website. BSHs are somewhat rare in the US (vs Persians which are much more available in the US), so perhaps these terms are standard for rarer breeds. But we don't know what breed our poster's cat was, so it could very well have been a clause in their contract.

 

[hexeliebe]

you're welcome

if you contact me offline I'll try to help you find a breeder. I have 10 years of back issues of the CFA journals to help.

By the way, the last cat we sold was to a couple in Atlanta, Ga and that's 5 hours away from where we live in Nashville so distance isnt' an issue for a healthy cat.

You can find my e-mail in my profile so that we can take this offline.

 

[gobonas99]

will do...just sent it actually...let me know if you got it okay

 

[lwpat]

" Our pet was licensed and tagged. " I assume it also had a drivers license in order to be in the roadway. The fact is that it was your negligence that caused the death of the cat and you are refusing to take responsibility.

Do the world a favor and don't purchase anymore animals until you are mature enough to take care of them.