dog bites cat

[chrslie]

What is the name of your state? florida

in december of last year my dogs got out of their pen in the back yard of our home and roamed the neighborhood while we were at work. they bit someones cat and this person paid 1,000.00 worth of vet bills. they are now holding us responsible but the cat was a tomcat and worth maybe about 20.00 i have two cats of my own and i would never be able to afford a 1,000.00 dollar vet bill and i am having trouble finding the money and the heart to pay this vet bill what are the legal rights in this situation.

 

[stephenk]

you sell the dogs to pay the vet bill.

 

[chrslie]

i wish that i could but they were muts and we got them from the animal shelter. they are now back at the shelter b/c we didn't want this to happen again. any other advice?

 

[I AM ALWAYS LIABLE]

My response:

Like any other personal property, like a car you've damaged in an accident, your liability is only the fair market value of the cat; e.g., $20.00. All because the owner of the cat chose, voluntarily, to pay $1,000.00, doesn't make you responsible for that amount.

The same applies to a car. If a car is only worth $500.00, and the owner decides to repair the car for $1,000.00, does that make you liable for the $1,000.00. No.

IAAL

 

[chrslie]

I am glad to know that someone else out there feels this way. They can still take me to small claims court though...right?

 

[I AM ALWAYS LIABLE]

I am glad to know that someone else out there feels this way. They can still take me to small claims court though...right?

My response:

Well, of course they can. It doesn't mean they're going to win. In fact, if they don't bring in an expert to testify as to the value of the cat, they will lose altogether. Remember, they (as the Plaintiffs) have the burden to prove their damages. As a matter of fact, admit that your dog chewed up their cat. Your issue, however, will be "damages" and the measure of their damages is the value of their cat - - not the amount of their vet bills.

So, let them sue you. It's no big deal. You'll have a good time, and learn something, first hand, how our courts work.

IAAL

 

[chrslie]

thank you

 

[I AM ALWAYS LIABLE]

My response:

When you go to court, bring a crisp, brand new, 20 dollar bill with you. You'll need it when the bailiff sends everybody out into the hallway to attempt a settlement.

IAAL

 

[chrslie]

thanks