Q: Am I liable for a neighbors cat being attacked in my yard?
My mother and my dog were just sitting relaxing on the back deck when a cat walked up the stairs of my deck. The cat tryed to get some food like it always does and the dog whent up to it casually to sniff it and the cat scratched the dog on its nose. Thats when the dog chased the cat into the woods. A couple of days later my neighbor brings a vet bill of $1,200 to me and says I'm responsible. I wasn't home at the time but I called her back and talk to her and video recorded our conversation I told her I would pay half because I thought it was the neighborly thing to do... I also told her only half because the cat was on my property. She agreed.. Later that night I could hear her husband yelling and cursing saying no he's paying all of it or I'll kick his a**. The next day she text and said they're not going to agree to half anymore they want me to pay all of it and called me a lier. So I told them im not paying anything now. Now I have a court date.
A: I think I already answered this question here, or on another forum, but either way, without knowing what her evidence is, it's impossible to say whether you'll be liable or not. In a criminal court, the prosecutor has to prove beyond a reasonable doubt that your dog caused the cat's injuries; in a civil court, she has to prove by a preponderance of the evidence (i.e., 51%) that your dog caused the cat's injuries. You should probably speak to a lawyer, either way.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.