Can i sue of someone is responsible for cat injuries

[shebaa]

Move if in wrong category

I live with family, 1 who keeps his bedroom window open with no screen. His door isn't right so my cat can push it open then goes out the window. Person has been told multiple times to shut the window or put a screen up, he refuses. I've threatened to start leaving gate open so his dog wil go out and see how he likes it. I would never actually do it. That threat didn't work. I then threatened to sue him if my cat goes out his window and he gets hurt, or worse. He still hasn't listened. I also mention a while back the dangers of a cat going outside especially in arizona with tge wildlife animals we get. I am wondering if that's actually an option to sue if something bad happens

 

[hexiesfriend]

Every state is different but almost all States define pets as property. If a Court finds he owes a duty to you to keep your cat safe he would be liable for vet bills.

 

[LTS3]

Can you just have the door repaired so it closes properly? It should be an easy enough fix to DIY or the landlord to fix or have a handyperson do for a small fee. If you rent, the landlord should install a new screen if other windows in the home already have screens. Or you can use this product to keep the door from opening too far and keep the cat out, The Door Buddy | Dog Proof Litter Box | Baby Proof Doors

 

[shebaa]

Can you just have the door repaired so it closes properly? It should be an easy enough fix to DIY or the landlord to fix or have a handyperson do for a small fee. If you rent, the landlord should install a new screen if other windows in the home already have screens. Or you can use this product to keep the door from opening too far and keep the cat out, The Door Buddy | Dog Proof Litter Box | Baby Proof Doors

not renting, parents home. im disabled otherwise i would have boarded up his window myself forever ago. even if i bought that, he wont use it. hes the most selfish person i met. hes a smoker, in the house. i have respiratory issues. thats not enough for him to smoke outside. at this point, im arguing with a man child. if i could leave, i would (on ssi)

 

[FeebysOwner]

If you have your own room, keep your cat in there when you can't watch over him, or when you are worried about him accessing this person's room. I take it your parents are not around to help, or do not choose to/cannot do so? Have any friends who might be willing to help you take care of his window?

 

[shebaa]

my cat does get locked up in my room whenever im not home. there is someone who may be willing to put a screen up. i'll ask. the person in this topic will not be happy about it. he has been told same thing that ive told him by my parents as well (grandparents) still doesnt do it. i have a very strong feeling the person will just take the screen off.

 

[CyberTiger]

Sounds like you'd have a case if you'd be willing to go through. All the better if you can prove he's been warned multiple times. Send it over email so you have it in writing. I would stop making threats about the dog, it's not helping you or anyone.

You might see who could help you fix the window. There might be an animal lover in your community who'd be up for helping.

Yeah, you're never going to be able to reason with a person like that. I'm sorry your parents/family aren't on your side and just enable the situation. My family shamed and belittled me growing up any time I tried to stand up for myself as an asthmatic, with them deciding to enable the family smokers doing whatever they wanted.

I hope you and your cat can one day find better people to live with. Until then I wish you all the best with whatever you need to do for you and your cat's well being.

 

[CyberTiger]

he has been told same thing that ive told him by my parents as well (grandparents) still doesnt do it.

Just seeing this now. I'm glad they're not totally enabling.

I imagine there's no chance of an ultimatum from them that he has to stop these bad behaviors or he can be kicked out? Since he's still there smoking and all. I'm really sorry.

 

[Juniper_Junebug]

I'm sorry you are in this situation.

I am a lawyer but unfortunately I cannot give legal advice on an internet forum. I can note, though, that legal action can be expensive and/or frustrating for the general public. Even with small claims court (which is cheaper and DIY), if one ends up getting a judgment, one may not be able to collect.

Does your city/town offer any free mediation services? My city does (both through local government and a non-profit); I had to call them when I had a dispute with a neighbor (and litigation would have taken too long, cost too much, and just gotten both sides more entrenched in their respective positions). You might see if that's option; their staff is typically trained to deal with emotionally charged issues.

 

[Babypaws]

Wondering if he’s keeping window open with no screen purposely hoping your cat will jump out OR he’s just a SOB.
Im sorry you have to go thru the situation especially since your family won’t stand up for you. I hope things can get settled quickly before any harm comes to your cat….good luck!

 

[shebaa]

reading these comments is insuring that im not overreacting. i put my 7 yr old cat down in 2/2021. my worst fear is having to bury another cat before they reach their senior years. in the end, i will always choose my cats over this person even though hes family. my cats are my family too!
he will never be kicked out. dont really think hes doing it on purpose. he just thinks only of himself. then he sometimes apologizes after the cat jumps out....like no, you are not sorry.
i do have 1 more idea. i typed something up. 1 page mentions all the things that can happen to a cat that goes outside. 2nd page mentions cost of procedures he will be responsible for. visits, bloodwork, fluids, surgery etc. gonna print and put it somewhere where its staring at him so he knows im actually serious. if that dont work, im out of options.

 

[Caspers Human]

If a person knows or should know that something bad could happen, they can be held liable for damages if your property is damaged or destroyed because of their actions or lack of action.

If it can be shown that they were told that something bad could happen or if a "reasonable person" should automatically know that something bad could happen, they can be considered "on notice." If you can prove that the person had notice, their liability is automatically assumed.

If you can show that:
1) Something bad happened to your cat.
2) Your cat was harmed because of what happened.
3) That harm was caused BECAUSE OF another person's actions or lack of action.
4) That YOU lost something because of their action/inaction.

You can sue them for damages:
1) Medical/Vet bills.
2) Payment for "replacement" of the cat. (If the cat dies.)

If you can show that the action was WILLFUL:
1) You MIGHT be able to sue for pain and suffering. (YOUR pain from the loss of your cat's companionship.)
2) You MIGHT be able to sue for punitive damages. (Usually "double" the above damages.)

Pain and suffering or punitive damages are a separate item, after the actual damages and they don't always apply.
You have to show a reason. Was it a "therapy cat" or some special companion? Can you prove that the person did something that caused harm even after they were warned?

If all of the above is true you can go to your local District Magistrate ("Justice of the Peace" or "District Judge") and sue them in Small Claims Court. You don't need a lawyer to do this but it's a good idea to, at least, speak to a lawyer for advice.

Any good lawyer will give you a fifteen minute consultation without charge if you call them on the phone and ask for an appointment. They will tell you if you have a case and will make an offer as to how much it will cost for their services if you want to hire them. They might, simply, tell you to go to your Magistrate and file in Small Claims and they can tell you where to go/who to call if you want to sue on your own.

If you go to Small Claims, the clerk(s) will tell you how to file and will tell you what you may or may not sue for in your jurisdiction.

You will not be allowed to talk to the Judge before the case because that could be prejudicial. Judges are only allowed to talk to you in official proceedings.

You MIGHT have to pay a filing fee and, if you want the person to be served with legal papers by a Sheriff or Constable, there probably will be a fee for that, too. If you don't want them to be "served" their legal papers will come by registered mail.

After the person has been served or has received papers by mail, they will have a certain amount of time to respond. After that, a court date will be set where you and the other person will be required to appear before a Judge/Magistrate/Justice. The Judge will hear your story and will listen to the other person's side of the story then make a decision. This is called a "bench trial." There is no jury in a bench trial. The judge makes a decision, based on law, and his decision stands.

If the other person does not respond before the deadline or if the other person does not appear in court at the appointed time (unless he can show good reason why he couldn't) the Judge has the right to issue a "default" judgement against the other person.

If you receive a judgement against the other person but they don't pay, file an appeal or show some other good reason why they can't, they can be held in contempt and things will get serious. There could be liens against property, wage garnishments or even jail time if things get "bad enough."

Bottom line: Yes, if your cat gets hurt of killed because of something somebody else did wrong, you CAN sue them and, if you can prove it, they will be held liable.

 

[FeebysOwner]

i do have 1 more idea. i typed something up. 1 page mentions all the things that can happen to a cat that goes outside. 2nd page mentions cost of procedures he will be responsible for. visits, bloodwork, fluids, surgery etc. gonna print and put it somewhere where its staring at him so he knows im actually serious. if that dont work, im out of options.

Please add a page 3 - which indicates the remedies that can and should be taken (such as the window screen or closing the door to the room). It will show that this person was also advised on potential solutions so they cannot profess they 'didn't know' what they could do to help the situation.

 

[shebaa]

oh he knows. said he would do it, 2x already. obviously lied and didnt. 1 window in the house just has mesh stapled/nailed to the wall. so he knows he can do it just like that. and we have mesh..and screen thats not in use.