cat killed by escaped dog

[jimzzr]

Hi,

My cat was recently injured and subsequently died from an attack by a Staffordshire Bull Terrier that had escaped from a back garden in the next street via a gate that was either not locked or became unlocked in the next street. My cat was in a neighbours front garden where he normally roams (these front gardens are open plan with no fencing either between houses or the street).

The dog was clearly not under the owners control and I would suggest negligent in not ensuring the gate was secure.

Do I have a good civil case for damages (ca £2k vet bills) in this situation? Obviously I need to prove it was their dog, but is there anything else?

As far as I can tell there is no criminal offence. I pulled the dog off but it did not attempt to bite me so I guess there is no criminal offence?

Thanks

Jim

[des8]

Sorry to hear of this incident

Besides proving it was their dog, you would have to prove the owners were negligent.
This may not be straightforward, as it may be that some third party deliberately set the dog free.

I would agree regarding the criminal aspect in that as the Dangerous Dogs Act requires grounds for reasonable apprehension that it will injure any person or assistance dog. It would seem you had no concerns about being injured yourself.

[islandgirl]

That is awful so sorry. Have you asked the owners to pay towards the vet bills? That has to be the first step

[echat11]

Gather evidence, has there been other incidents, has the dog got history? Any CCTV etc.

Adhere to pre-action CPR Protocols.

[jimzzr]

Gather evidence, has there been other incidents, has the dog got history? Any CCTV etc.

Adhere to pre-action CPR Protocols.

Understood, I'll report back before if/when I need to send a letter before claim.

Thanks

[jimzzr]

Gather evidence, has there been other incidents, has the dog got history? Any CCTV etc.

Adhere to pre-action CPR Protocols.

If I need to get a statement of a witness to the incident, does this need to be in a particular form/notarised to be used?

[echat11]

https://www.justice.gov.uk/courts/pr...rt32/pd_part32

[islandgirl]

Again, have you actually asked them to pay. You will have to do so before you start issuing court claims.

[jimzzr]

Again, have you actually asked them to pay. You will have to do so before you start issuing court claims.

I'm hoping to do that tomorrow. I just wanted to get a good understanding of my position legally before speaking to them. So thanks to all who have replied so far.

[atticus]

Can I play devil's advocate and ask why it's ok for a cat to roam free but not a dog?

[jimzzr]

Can I play devil's advocate and ask why it's ok for a cat to roam free but not a dog?

why is a lorry driver subjected to medicals and restricted in the number of of hours he can drive but not a car driver - potential to cause harm is much greater

[islandgirl]

I'm hoping to do that tomorrow. I just wanted to get a good understanding of my position legally before speaking to them. So thanks to all who have replied so far.

That is fine. They may well be understanding and you could agree a full or part payment and both be happy. Or they may not, in which case you know what to do next!

[atticus]

jimzzr cats are killers!

[echat11]

Can I play devil's advocate and ask why it's ok for a cat to roam free but not a dog?

'Because a dog is person's best friend', AI has got nothing on me.

[jimzzr]

jimzzr cats are killers!

And how many people were killed or attended A&E in the last year by house cats and how many by dogs. With greater potential to cause harm comes greater responsibility, regulation and controls. Applies to many aspects of our lives from driving to operating nuclear power plants. Besides many would see killing mice and rats a benefit and probably no worse than poisoning them.