Negligence, Injuries, And The Day The Cat Scratched The Neighbor
Owners must accept responsibilities for their pets. Anyone choosing to adopt a dangerous canine takes liability risks. When a dog bites someone, the injured party may sue the owner. What about cat bites and scratches though? Not much changes.
Owners must take steps to keep a pet from hurting anyone. Otherwise, the cat's owner could face a personal injury suit. As with any other personal injury suit, however, questions about negligence arise in a cat bite or scratch case.
The Cat Scratch Scenario
Imagining a "cat attack" scenario isn't too complicated. Say a neighbor opens the door to your home and your cat runs out. The neighbor picks up the cat and suffers a deep scratch. Does this scenario involve negligence on the part of the cat owner? The answer depends on the circumstances. In the following events, an attorney may bring up questions about the injured party's actions when examining negligence:
Permission to Enter: Was the neighbor's visit announced? Did he/she have permission to enter the premises without knocking? If not, then the entry on the proper could be considered trespassing. Depending on the circumstances, to trespass on someone's property or enter a home without permission potentially limits a claim for liability.
Carelessly Opening the Door: If the neighbor knows pets are on the premises, he/she should also remember to be careful when opening the door. Pulling the door open quickly without worrying about the presence of the cat could reasonably lead to it running out.
Picking the Cat Up: If the cat wholly ignored any interactions with the neighbor until the neighbor tried to pick it up, the fault may lie with the neighbor. Improperly or harshly grabbing the cat may further put the responsibility on the neighbor's shoulders. Maybe the cat lashed out and scratched the neighbor because he/she hurt the feline.
Previous Warnings: If you told the neighbor under no circumstances to touch the cat and the neighbor ignored your warnings, he/she may have contributed to the outcome. The neighbor should have known not to touch the cat.
All these points may ultimately be addressed by attorneys, homeowner's insurance companies, and, possibly, a judge and jury.
The Issue of Contributory Negligence
In the previous scenarios, a personal injury defense may bring up contributory negligence defense. When an injured party "contributed negligence" leading to an injury, he/she may lose all or some claims to compensation. Do not, however, make any assumptions full or partial fault. Allow a competent attorney to represent you against any claims.
For more information, contact a law office like Arias Law Firm, P.A.
Share