My sister's cat bit my hand and...

[I'mTheFather]

Well, let's see. She left her door unlocked and she had a vicious cat. My guess is that her insurance will view her as negligent and drop her, as her agent indicated. Furthermore, I doubt they will pay your claim because of her negligence.

I'm still trying to figure out how a cat attacked your hand so viciously while sitting on or standing at the toilet... unless you were actually taunting it.

 

[You Are Guilty]

Find out if your sister's insurance has any "medpay" coverage. It's usually a limited cap (typically $1000 or $5000) but is probably the least likely claim one can make against the policy and not get dropped. (Just to be clear though, they absolutely still can drop her even for a medpay claim).

 

[LdiJ]

Well, let's see. She left her door unlocked and she had a vicious cat. My guess is that her insurance will view her as negligent and drop her, as her agent indicated. Furthermore, I doubt they will pay your claim because of her negligence.

I'm still trying to figure out how a cat attacked your hand so viciously while sitting on or standing at the toilet... unless you were actually taunting it.

My ex used to have a vicious cat like that. He actually had to lock the cat up to prevent it from attacking guests. The cat was great with him, but would viciously attack anyone else that entered the house.

 

[I'mTheFather]

My ex used to have a vicious cat like that. He actually had to lock the cat up to prevent it from attacking guests. The cat was great with him, but would viciously attack anyone else that entered the house.

I'm not disputing that some cats can and will attack. I'm questioning how the cat managed to get to the hand when other body parts would have been so much more accessible when the OP was doing what he was doing.

 

[latigo]

I'm not disputing that some cats can and will attack. I'm questioning how the cat managed to get to the hand when other body parts would have been so much more accessible when the OP was doing what he was doing.

How gauche!

You've had some 40 hours to mull over the OP's dilemma and all you can come up with is that suggestive, tactless observation?!

 

[I'mTheFather]

How gauche!

You've had some 40 hours to mull over the OP's dilemma and all you can come up with is that suggestive, tactless observation?!

My thoughts were feet, ankles, calves. What were you thinking?

 

[wigiwiz]

I'm not disputing that some cats can and will attack. I'm questioning how the cat managed to get to the hand when other body parts would have been so much more accessible when the OP was doing what he was doing.

Well I suppose this may be somewhat relevant, I happen to be dropping a deuce when the damn cat appeared in the open doorway *facepalm*. He starts hissing and I pointed for him to go. There was a piece of paper on the floor next to me, I don't know why but, I went to pick it up and that's when he attacked. I was able to shake him off and get him out of the rest room and slammed the door. Next I had to start my paperwork and take care of the blood mess I was making and all the while I kept hearing sound clips from the movie Psycho. After finishing up and all the while that damn thing was actually pounding on the door and making very loud hissing noises. I waited till I knew he was near the door and flung it open as hard as I could that got him to run out. My hand swelled immediately. I did some research on cat bites and got pretty nervous to know they are borderline venomous. Like a Komodo Dragon is so full of bacteria it acts as a sort of venom. Anyway there was nothing I could do but seek medical attention.

 

[Ohiogal]

Well I suppose this may be somewhat relevant, I happen to be dropping a deuce when the damn cat appeared in the open doorway *facepalm*. He starts hissing and I pointed for him to go. There was a piece of paper on the floor next to me, I don't know why but, I went to pick it up and that's when he attacked. I was able to shake him off and get him out of the rest room and slammed the door. Next I had to start my paperwork and take care of the blood mess I was making and all the while I kept hearing sound clips from the movie Psycho. After finishing up and all the while that damn thing was actually pounding on the door and making very loud hissing noises. I waited till I knew he was near the door and flung it open as hard as I could that got him to run out. My hand swelled immediately. I did some research on cat bites and got pretty nervous to know they are borderline venomous. Like a Komodo Dragon is so full of bacteria it acts as a sort of venom. Anyway there was nothing I could do but seek medical attention.

You shouldn't have trespassed. You were in the wrong. Truthfully, your sister owes you NOTHING. You should take care of what came from your own stupidity.

 

[quincy]

I agree with Ohiogal.

For an on-point case, you can look to Wisconsin's Fandrey ex rel Connell v American Family Mutual Insurance Co, where a mother and her daughter entered the unlocked home of friends without express or implied consent while the friends were away. The child was bitten by the homeowners' dog. The homeowners were held not liable for the injuries, based on public policy, because they could not be expected to do more to control their dog than to keep their dog inside their home.

You can refer to Wisconsin's dog bite law, Wisconsin Stat §174.02 for additional information on strict liability in bite cases: http://dogbitelaw.com/statutory-strict-liability-state/wisconsin-dog-bite-law.html

For a look at a Wisconsin Supreme Court case that addresses the issue of liability, and details the facts of Fandrey (see page 24 et seq), here is a link to Colleen Pawlowski and Thomas Pawlowski v American Family Mutual Insurance Co and Nancy Seefeldt, accessible through the following link: https://www.wicourts.gov/sc/opinion/DisplayDocument.pdf?content=pdf&seqNo=45181

 

[justalayman]

so, that leaves the only question as:

was this trespassing or was there an implied or express permission to enter the home when the resident was not there. Since OP said sis was trespassing, I would argue, at least without any information to the contrary, that there was no such permission. If OP has something contrary to it being trespassing, then by all means, throw it out here.

Of course the determination could be based on facts not presented, such as prior statements or even sister not saying something about not entering the home when she was not there if OP had entered the home without express permission before.

so wigiwiz;

it appears sis is telling you to fuhgetaboutit.

if you wish do do anything about it, sounds like you would have to institute a suit against sis. Your choice.

 

[wigiwiz]

so, that leaves the only question as:

was this trespassing or was there an implied or express permission to enter the home when the resident was not there. Since OP said sis was trespassing, I would argue, at least without any information to the contrary, that there was no such permission. If OP has something contrary to it being trespassing, then by all means, throw it out here.

Of course the determination could be based on facts not presented, such as prior statements or even sister not saying something about not entering the home when she was not there if OP had entered the home without express permission before.

so wigiwiz;

it appears sis is telling you to fuhgetaboutit.

if you wish do do anything about it, sounds like you would have to institute a suit against sis. Your choice.

If I would not have gotten hurt there would be no problem but I was hurt and to prevent her situation from getting out of hand with money/coverage she has stated basically that I was trespassing due to being there without her knowledge and she stated that if someone would have been home this would not have happened. I have been hearing different scenarios about how insurance companies deal with claims and I was trying to find clarity but there is really none until the policy holder acts then its wait and see. And that could turn out bad for her I suppose. I know she would like to help but not at the expense of loosing her house due to outrageous new premiums that she could never afford and I walk away owing nothing. Good thing Obamacare is here to help.

 

[quincy]

If I would not have gotten hurt there would be no problem but I was hurt and to prevent her situation from getting out of hand with money/coverage she has stated basically that I was trespassing due to being there without her knowledge and she stated that if someone would have been home this would not have happened. I have been hearing different scenarios about how insurance companies deal with claims and I was trying to find clarity but there is really none until the policy holder acts then its wait and see. And that could turn out bad for her I suppose. I know she would like to help but not at the expense of loosing her house due to outrageous new premiums that she could never afford and I walk away owing nothing. Good thing Obamacare is here to help.

If you entered your sister's residence without her knowledge or consent, then your sister will (probably) not be held liable for your medical costs.

I suggest you read the information provided in the links above. The Supreme Court of Wisconsin goes over in great depth when a person can be held liable for the costs incurred as a result of an animal bite, and when they won't be.

 

[wigiwiz]

Long story short, she will have my back and say what ever if she knew her insurance would not take a hit. This is more about that than the actual who is guilty and who is liable. If she claims to be liable she wants to know she won't be dropped or end up with higher premiums as neither one of us know for sure. Her agent was not certain but did use terms like most likely ect... and stated that she "may" not find a policy with similar coverage and premiums if dropped.