yesterday after noon, my friend was pulling out of our drive way and ran over our 5month old bengal cat who was playing in the bush next to our drive way.
Our cat and her car were both on our property when it happened and the cat was rushed to the animal hospital and is doing ok. She has several facial problems and is losing alot of blood but therwise is doing well. there is a slight chance she may need an operation and/or suffer mental deformaties. I love this cat as if she is my baby and cannot part with her. The vet bill was already reached beyond what we can afford (what will a new house morgage and 2 kids- on benefits).
Anyway so back to the queastion...my friend wont pay for it even though she ran her over...what is the law here? Is she legally obliged to pay for medical expenses? Does it make a difference as to whether it happened on our property or council property? Should she at least have to pay half the expenses?
any answers are very appreciated - thanks
2007-09-22 09:56:18 · 10 answers · asked by Anonymous in Politics & Government ➔ Civic Participation
My friend also did know the cats were there but we both thought they were out the way....she also backed out of our driveway without looking and could easily have hit a kid or someone! It was actually quite lucky it was a cat and not a person
2007-09-22 11:35:05 · update #1
Come on now - who is responsible for your cat?
The fault here is yours. And only yours. I feel bad for your cat, but I also feel bad for your friend. As the cat's owner you are responsible for everything it does, and everything that happens to it. Had you been responsible, this would have never happened.
Your cat is only a kitten, and had no protection. Not from any car, other animal, or human, for that matter. It fell victim to your friend's car, when she unknowingly ran it over. It was not her fault. She had no intention of harming your cat.
Your cat is at risk the minute you let it outdoors, even in your own yard.
You need to look after your own animal, and stop expecting others to do it for you.
I think you should accept the blame for what happened, and apologize to your friend for blaming her, and trying to make her pay for something she could not prevent - but you could.
I hope your kitten recovers fully. And I hope you keep him indoors from now on.
******
No, the law is not on your side. You would have to prove that your friend caused the accident intentionally. In reality - it was you. Why is it so hard for you to accept responsibility?
You were 100% at fault, through YOUR negligence. You are the cats owner, as and such are responsible for 100% of it's behavior.
I wouldn't want to be your friend or your cat. You like to blame others for your errors.
Because of your poor decisions, not only did you manage to almost get your kitten killed, but you've also lost a friend.
After all of this, are you going to keep your cat indoors, or are you going to wait for this to happen again?
btw - after reading your other question, I think I may see the real problem here. You and your partner have two young children, and neither one of you has a job. What made you think you could afford a cat?
Your financial problems are yours, just like your cat. Sounds like you want everyone else to pay your bills.
2007-09-23 04:15:03 · answer #1 · answered by Suzi 7 · 5⤊ 1⤋
I don't think she has any legal obligation. It is your house and your cat. I think you would have to show that she was negligent or somehow acting in a way that caused your cat to be hurt. Any cat that is allowed to play outside has risk of being hit by a car; that is a known risk that you elected when you got the cat and decided it can go outside. (It is not unusual to let a cat out, but it is your decision and you took the risk.) A person who is welcome to drive onto your driveway would not normally be expected to know where you cat is when she drives out. Whereas, I think she would be expected to know whether a child is behind or approaching her car.
You could check your homeowners insurance policy to see if there is some coverage there. You could elect to take her to small claims court and explain how she was negligent and responsible; hear from a judge whether she is.
2007-09-22 10:04:39 · answer #2 · answered by Baccheus 7 · 7⤊ 0⤋
You ask "Does it make a difference as to whether it happened on our property or council property?" which leads me to believe that you live in the UK, or some country other than the US. Laws differ in every country, and in different parts of a country. You need to discuss this with a lawyer (soliciter, barrister, or whatever they are called in your area). Your friend might be legally responsible, as she did damage property belonging to you, even if she did it accidentally. Or she might not be responsible, since she could not have foreseen that it was running loose, and would end up in the path taken by her car. It might be your legal duty in your country to keep your animal under control, on a leash or in a fenced are, where drivers would not run the risk of hitting it. Since we do not know the laws of your country, we can not help you.
2016-05-21 01:08:07 · answer #3 · answered by Anonymous · 0⤊ 0⤋
NO she is not legally responsible. your responsible for what happens on your property, when a person is trespassing or there uninvited yea there might be some responsiblity on the other person's part.
why didn't you watch out for your little kitty? he depends on you, a driver can't see something so small. it was an accident no one's really at fault, it is called being human. did you ask your friend if she would willing to pay half?
I would of felt bad if I had ran over a kitty even if it wasnt my fault, I would of paid half if I could afford it..maybe you need new friends? by the way if you want her to pay for it you have to take her to small claims court. she did to property even if unintentional, you might get the money that way. a judge will probably only allow you to collect half. since half the fault lies with your not containing the kitty. I am glad the kitty will be alright however.
RRRR
2007-09-22 12:00:05 · answer #4 · answered by Anonymous · 5⤊ 2⤋
hey I got an idea for you,
Why don't you stop having babies, stop living off welfare, stop trying to buck the system, actually get a job and stop being a crappy friend to someone that probably took pity on you.
You welfare breeders are something else. I'm really tired of paying for your laziness. dangggggggg
2007-09-24 14:36:59 · answer #5 · answered by Mulereiner 7 · 3⤊ 0⤋
she shouldn't have to pay anything on the pet bill. I am sure she was being careful not to do any damage to any human as she was backing out , pulling out what have you. it is not her fault people do not take my responsibilty for there pets. like keeping them in the house, or in a fense or on a rope or chain in their own yard. if you are going to have pets running loose take your own responsiblity for them and the danger they create for themselves and others.
2007-09-26 00:33:46 · answer #6 · answered by Anonymous · 1⤊ 0⤋
There might be some question if the cat hadn't been on your property. However, she was. Your friend is legally liable for any andall damage she causes--including 100% of the vet bills.
Tell her that--and ta tif she doesn't pay up you will take her to small claims court. I f she still refuses, follow through and take her to court--you have a pretty open-and-shut case. Alternativel, you can retain a lawyer and let him/her handle the matter (suing for legal expenses as well as the vet bill). The choice is up to you.
But if you choose the small claims route, do your homework about how the system works (people at your local small claims court will answer questions and point you to the right information, offices, etc).
My roomate did this a few years ago when contractors at the university damaged her car. A company--even a small one--is a lot toughter to tackle in court. But she did her homewrk--and even up against the company's lawer, won.
2007-09-22 11:29:12 · answer #7 · answered by Anonymous · 0⤊ 8⤋
you know what she needs to pay that bill she is responisble for the injuries to the cat . take her to court and make sure she pays the vet bill . This is your friend and she wont help you ? I would think twice after I got the money from her about continuing the friendship she does not sound like much of a friend. I would dislike her very much right now . good luck .
2007-09-22 10:02:29 · answer #8 · answered by Kate T. 7 · 1⤊ 7⤋
Yes, she must be obligated to pay the bill. You friend should be held accountable for what she did.
2007-09-22 10:18:19 · answer #9 · answered by Anonymous · 1⤊ 8⤋
Let it be a lesson to you. Keep your precious cat indoors!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
2007-09-22 10:27:12 · answer #10 · answered by soxrcat 6 · 7⤊ 2⤋