Should I sue my sister?

[gkisystems]

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

My sister, due to poor planning, did not make living arrangements after her lease expired. She moved in with friends, but her friends were allergic to cats - so she asked me to hold on to her cat for her for a period of 3 months. We signed an agreement to lay out the terms and it said that if her cat damages my property, she must replace it with new equivalent property. I need not prove the damage was caused specifically by her cat (because I have 2 of my cats living in the same household). She may not debate or challenge whether her cat was responsible for the damage unless she has conclusive and irrefutable evidence of whom or what else caused the damage.

Basically, my agreement states that the burden of proof shifts to her and she must cover damages.

I found my brand new $1600 mac book air's screen pushed all the way down and scratched. The screen is ruined. If I take her to small claims court, who will win? I did not see that her cat specifically caused the damage, but it was clearly done by A cat and my contract with her states the burden is on her to prove it wasn't her cat.

 

[Proserpina]

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

My sister, due to poor planning, did not make living arrangements after her lease expired. She moved in with friends, but her friends were allergic to cats - so she asked me to hold on to her cat for her for a period of 3 months. We signed an agreement to lay out the terms and it said that if her cat damages my property, she must replace it with new equivalent property. I need not prove the damage was caused specifically by her cat (because I have 2 of my cats living in the same household). She may not debate or challenge whether her cat was responsible for the damage unless she has conclusive and irrefutable evidence of whom or what else caused the damage.

Basically, my agreement states that the burden of proof shifts to her and she must cover damages.

I found my brand new $1600 mac book air's screen pushed all the way down and scratched. The screen is ruined. If I take her to small claims court, who will win? I did not see that her cat specifically caused the damage, but it was clearly done by A cat and my contract with her states the burden is on her to prove it wasn't her cat.

I think you might just find that your agreement is not enforceable.

Given the cost of your mac book, it might be worth at least an initial consult with an attorney.

 

[Proserpina]

(The court will NOT expect her to prove a negative - rather, it will want YOU to prove your allegations)

 

[sandyclaus]

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

My sister, due to poor planning, did not make living arrangements after her lease expired. She moved in with friends, but her friends were allergic to cats - so she asked me to hold on to her cat for her for a period of 3 months. We signed an agreement to lay out the terms and it said that if her cat damages my property, she must replace it with new equivalent property. I need not prove the damage was caused specifically by her cat (because I have 2 of my cats living in the same household). She may not debate or challenge whether her cat was responsible for the damage unless she has conclusive and irrefutable evidence of whom or what else caused the damage.

Basically, my agreement states that the burden of proof shifts to her and she must cover damages.

I found my brand new $1600 mac book air's screen pushed all the way down and scratched. The screen is ruined. If I take her to small claims court, who will win? I did not see that her cat specifically caused the damage, but it was clearly done by A cat and my contract with her states the burden is on her to prove it wasn't her cat.

What makes you think that the damage to the macbook was caused by HER cat and not by your own? If you didn't see it happen, you have no video evidence of it happening, and have no other proof that she is responsible, then you have no case.

An agreement placing the burden of proof on HER to prove something she didn't do would be unconscionable and unenforceable. In a court of law, if you bring the suit, the burden of proof will be on YOU to prove that SHE is responsible for the damages you are attributing to her and/or her cat. If you can't prove it, then filing suit would be a waste of time.

 

[Proserpina]

What makes you think that the damage to the macbook was caused by HER cat and not by your own? If you didn't see it happen, you have no video evidence of it happening, and have no other proof that she is responsible, then you have no case.

An agreement placing the burden of proof on HER to prove something she didn't do would be unconscionable and unenforceable. In a court of law, if you bring the suit, the burden of proof will be on YOU to prove that SHE is responsible for the damages you are attributing to her and/or her cat. If you can't prove it, then filing suit would be a waste of time.

That's the word I was looking for. Darn it! Thanks, sandy

 

[gkisystems]

What makes you think that the damage to the macbook was caused by HER cat and not by your own? If you didn't see it happen, you have no video evidence of it happening, and have no other proof that she is responsible, then you have no case.

An agreement placing the burden of proof on HER to prove something she didn't do would be unconscionable and unenforceable. In a court of law, if you bring the suit, the burden of proof will be on YOU to prove that SHE is responsible for the damages you are attributing to her and/or her cat. If you can't prove it, then filing suit would be a waste of time.

I understand what you are saying and that is my main fear. What I can say is this:

-her cat has long claws and I've seen her cat scratch my old rug before - no big deal - but i did not expect her cat to use my computer as a scratching post
-she comes over once per week to take care of her cat by feeding and changing the litter
-she does not clip the claws and has not provided a scratching post

There is zero question in my mind that the damage was caused by a cat and I believe my testimony can prove that to be true. The problem is proving WHICH cat caused the damage. There is one other cat (mine) in the house that does have claws. My cat has been in my household 2.5 years and has never scratched anything other than an old chair. Her cat has been in my household about 2.5 months and has scratched multiple things, but nothing it scratches has been of significant value until now. Based on my visual observations of how her cat acts vs. my cat acts, I strongly believe the damage was caused by her cat, not mine. Because this is difficult to prove, the contract was worded in such a way that I do not have to prove it.

I am lodging her cat free of charge and accept no compensation for it. But in exchange for this, I wanted an iron clad contract that gives me relief if damage is caused. This is why the contract states the burden goes to her.

Do you think this is enough additional information to change your thoughts? Should I do something else? Perhaps sue to collect a lodging fee?

 

[Proserpina]

I understand what you are saying and that is my main fear. What I can say is this:

-her cat has long claws and I've seen her cat scratch my old rug before - no big deal - but i did not expect her cat to use my computer as a scratching post
-she comes over once per week to take care of her cat by feeding and changing the litter
-she does not clip the claws and has not provided a scratching post

There is zero question in my mind that the damage was caused by a cat and I believe my testimony can prove that to be true. The problem is proving WHICH cat caused the damage. There is one other cat (mine) in the house that does have claws. My cat has been in my household 2.5 years and has never scratched anything other than an old chair. Her cat has been in my household about 2.5 months and has scratched multiple things, but nothing it scratches has been of significant value until now. Based on my visual observations of how her cat acts vs. my cat acts, I strongly believe the damage was caused by her cat, not mine. Because this is difficult to prove, the contract was worded in such a way that I do not have to prove it.

I am lodging her cat free of charge and accept no compensation for it. But in exchange for this, I wanted an iron clad contract that gives me relief if damage is caused. This is why the contract states the burden goes to her.

Do you think this is enough additional information to change your thoughts? Should I do something else? Perhaps sue to collect a lodging fee?

The problem is, your contract requires her to prove a negative - and that is NOT going to stand up, even in small claims. You have absolutely no proof that it was her cat.

You can't retroactively demand a lodging fee unless it was previously agreed to. Well..you can try, but you won't succeed.

 

[gkisystems]

The problem is, your contract requires her to prove a negative - and that is NOT going to stand up, even in small claims. You have absolutely no proof that it was her cat.

You can't retroactively demand a lodging fee unless it was previously agreed to. Well..you can try, but you won't succeed.

So if you were in my situation, what would you do? Am I just out the money because I agreed to do something charitable to help my sister?

 

[Proserpina]

So if you were in my situation, what would you do? Am I just out the money because I agreed to do something charitable to help my sister?

Given that even you don't know which cat did the damage (by your own admission), I'm not sure what you're wanting to hear. Y'know?

 

[sandyclaus]

I understand what you are saying and that is my main fear. What I can say is this:

-her cat has long claws and I've seen her cat scratch my old rug before - no big deal - but i did not expect her cat to use my computer as a scratching post
-she comes over once per week to take care of her cat by feeding and changing the litter
-she does not clip the claws and has not provided a scratching post

There is zero question in my mind that the damage was caused by a cat and I believe my testimony can prove that to be true. The problem is proving WHICH cat caused the damage. There is one other cat (mine) in the house that does have claws. My cat has been in my household 2.5 years and has never scratched anything other than an old chair. Her cat has been in my household about 2.5 months and has scratched multiple things, but nothing it scratches has been of significant value until now. Based on my visual observations of how her cat acts vs. my cat acts, I strongly believe the damage was caused by her cat, not mine. Because this is difficult to prove, the contract was worded in such a way that I do not have to prove it.

I am lodging her cat free of charge and accept no compensation for it. But in exchange for this, I wanted an iron clad contract that gives me relief if damage is caused. This is why the contract states the burden goes to her.

Do you think this is enough additional information to change your thoughts? Should I do something else? Perhaps sue to collect a lodging fee?

You chose to accept the cat into your household. Claws and all. If you were concerned about damage from scratching, you needed to tell her to get a scratching post BEFORE it became a problem. You also chose to house the cat free of charge, and that is your burden to bear.

People can write up just about anything in a contract, but that doesn't make it legally enforceable, especially if what you are asking for is contradicted by the law. If you wanted to make sure that it was iron clad AND enforceable, you needed to have an attorney draft the contract.

Nothing you have said changes how I have responded. You still have no proof that her cat caused the damages you want to make her pay for. For all you know, that other cat of yours may have started scratching once you introduced another cat into the household that does it. What you THINK does not matter in court - it's all about what you can PROVE. And as I stated previously, when you are the one who files a lawsuit, then by law, YOU become the one who has to prove what you are alleging. That's why your contract that places the burden of her proving it didn't happen goes right out the window. And if YOU didn't see what happened, then how would you expect her to prove that it didn't?

You also CANNOT sue for a lodging fee - because, as you have pointed out here, you chose to lodge the cat free of charge and accept no compensation for it. You cannot sue her for a perceived obligation that the two of you never agreed upon.

Sorry, but all of this was just a result of bad planning all around. Sadly, you are going to have to eat the damages on this one since you have no grounds to sue your sister.

 

[LdiJ]

I will also add that there is also the issue that you left the mac book in a location where it was possible for it to be damaged by a cat.

 

[stealth2]

With a sibling like this? Who needs in-laws?

I feel sorry for the cat(s) being cared for by someone (two someones) who think feeding/cleaning the litter box once a week is adequate. That's rather pathetic.

 

[Proseguru]

You left your precious notebook out for the cat to damage...your fault.

 

[ecmst12]

If I were you, I never would have written such a ridiculous contract in the first place, but I would ask her nicely if she would be willing to split the cost to fix the screen 50-50 with you. And if she says no, I'd tell her to find somewhere else to lodge her cat or you will be taking it to a local shelter. And I'd stop leaving my laptop out where a cat can scratch it up.

 

[stealth2]

I'd take all the animals in the house to the shelter - neither of these people is fit to care for a worm.