Hit a cat - what to do?

Hilly · 1 Aug 2011 at 14:12

Dr Who said:
That is because the DOG is treated as needing to be under control. There is no financial liability towards a cat owner from a car driver, if there was it would be reportable, and it isn't because they are deemed wild untrainable animals.

Nobody said you can go around killing them willy nilly, that would be an animal cruelty issue, but a RTC involving a cat, like mine from 3 weeks ago in which my cat was killed, is NOT reportable and has NO financial liability.

Exactly. The Road Traffic act reuiqres the dog to be leashed. If it doesn't the owners are liable for damages to the car and the incident must be reported.

AtreuS said:
Afraid not. When our dog got hit ( thanks to the mrs being a muppet ) i asked at the local police station as to wether the driver should have come forward, as i was curious.. and apparently no there is no obligation to report hitting a dog. Only a person or a livestock animal.

Sorry but they're wrong. Please read the Road Traffic Act 1988, section 27. Which states:

(1)A person who causes or permits a dog to be on a designated road without the dog being held on a lead is guilty of an offence..

They are liable. The desk sergent fobbed you off.

crinkleshoes said:
What else should I come back with. It was starred out as per forum rules...

He's talking about injuring/killing treasured pets who, to a lot of people, are members of their families and then just ignoring it as if it never happened. I would be devastated if someone ran over one of my cats... I would be losing a member of my family. They were hand-reared when their mother decided not to feed them any more... would be like losing a child.

And he's crass enough to make out it's no big deal... **** him... if the conversation was in person he would not be standing any more... ****!

He's not talking about killing pets. He's talking about a cat which runs out in front of him and which he hit. He has NO liability in this case - none what so ever. He is under no order to inform any body of this. Though morally (which the OP has exceeded) he probably should.

That's the differnce between a dog and a cat, the 'ferae naturae' is the main point of this. Dogs are trained, cats are classed as wild (though this might be reviewed).

Hilly · 1 Aug 2011 at 14:13

ubersonic said:
That means the owner is not responsible for the cats actions, i.e it could kill your prize rabbit, jump through the window and shred your $100,000 painting, then steal your identity and you couldn't do anything about it. It doesn't mean you can go around injuring/killing them willy nilly. If a dog and a cat got into a fight the dog owner would be responsible for the cats vet bills but the cat owner wouldn't be responsible for anything.

Not being required to notify the police isn't the same as not being responsible for the damages. If I backed into an empty car in Morrisons car park I wouldn't be required to contact the police but I would be required to exchange insurance details/etc as im responsible for the damage.

You're wrong. As the cats are 'ferae naturae', the owner is not responsible for the damage, as say if a dog unrestrained, ran into the road. Or you hit a horse. The cats owners are not responsible for your car and it's damages and you're not responsible for any damages to the cat.

Keep arguing, you're only showing your self up - again.

Hilly · 1 Aug 2011 at 14:14

hurfdurf said:
A clear forgery, no mention of standing or banging.

I'll knock you down from being a top tier poster, to a mere mid tier poster!!!

ubersonic · 1 Aug 2011 at 14:22

hilly said:
You're wrong. As the cats are 'ferae naturae', the owner is not responsible for the damage.

I addressed this in a previous post >.> the 'ferae naturae' means that the cats owner is not responsible for anything the cat does, not that nobody is responsible for anything that happens to the cat!

crinkleshoes · 1 Aug 2011 at 14:22

There was recently a couple of threads...

- one about a guy losing a parent
- another about a guy having to have his dog put down while he was in another country

IIRC... the dog thread got more replies? Speaks volumes, doesn't it?

The simple fact is... most people love and care a great deal for their pets (cats/dogs/whatever).

From personal experience those feelings increase exponentially when you've hand reared them... I have never been as attached to pets as I have these two.

When they dissappear, to me and the girlfriend... it will be like losing children.

crinkleshoes · 1 Aug 2011 at 14:25

Turbo-G said:
I'm not mental, but would be devastated if something happened to one of ours and would hope that whoever was involved would report it/hand them into the vets as it's the decent and human thing to do.

Generally people that own pets grow very attached to them and see them as a member if the family so it's quite normal to get upset/emotional.

I just hate people who are ignorant enough to "not care" if they have played any part in another animal becoming injured whether it was their fault or a genuine accident.

Yeah... at least try, if at all possible.

In the ops case, it just happened and the cat ran off so it's not like he could really have done anything to avoid it or help it.

However, he was decent enough to start up a thread asking if there was something he missed.

Burned_Alive · 1 Aug 2011 at 14:27

ubersonic said:
I addressed this in a previous post >.> the 'ferae naturae' means that the cats owner is not responsible for anything the cat does, not that nobody is responsible for anything that happens to the cat!

So who do you pay when technically the cat doesnt have an owner?

Hilly · 1 Aug 2011 at 14:35

ubersonic said:
I addressed this in a previous post >.> the 'ferae naturae' means that the cats owner is not responsible for anything the cat does, not that nobody is responsible for anything that happens to the cat!

And again, you're wrong:

Under the Road Traffic Act of 1988, cats and poultry are listed as free roaming animals and you are not liable if your cat causes an accident. Also, if you hit a cat, you're not liable for damages.

meaning, no free new bumper from teh cat owner and no free kitten to the cat owner either.

Hilly · 1 Aug 2011 at 14:37

crinkleshoes said:
There was recently a couple of threads...

- one about a guy losing a parent
- another about a guy having to have his dog put down while he was in another country

IIRC... the dog thread got more replies? Speaks volumes, doesn't it?

The simple fact is... most people love and care a great deal for their pets (cats/dogs/whatever).

From personal experience those feelings increase exponentially when you've hand reared them... I have never been as attached to pets as I have these two.

When they dissappear, to me and the girlfriend... it will be like losing children.

There's no doubt about it that cats and dogs and other pets are part of the family. You're obviously going to feel sad for the loss of either. However, if I ran over your cat (without doing it on purpose), I would not be liable in terms of law. Morally sure, if I was me I'd make sure the cat was either ok, or try to find the owners.

dannyjo22 · 1 Aug 2011 at 15:12

Poor cat.

I've done similar and it dissapeared into a field although clearly hurt. Nothing I could do sadly.

ubersonic · 1 Aug 2011 at 15:17

Burned_Alive said:
So who do you pay when technically the cat doesnt have an owner?

The cat has an owner (unless its a stray), they are just not responsible for its actions, ive said this like three times now...

hilly said:
And again, you're wrong:

Under the Road Traffic Act of 1988, cats and poultry are listed as free roaming animals and you are not liable if your cat causes an accident. Also, if you hit a cat, you're not liable for damages.

meaning, no free new bumper from teh cat owner and no free kitten to the cat owner either.

The Road Traffic Act of 1988 doesn't say that if you find somebody's rucksack in the street with their schoolbooks in it and everything that keeping it constitutes theft, but that's true too. The injury to the cat thing doesn't come under road traffic hence why my other examples included a cat being injured by barb wire and a dog. If you cause damage to another persons property they can seek reimbursement through the courts, this also applies to a cats vet bills incurred due to injuries for which you are legally responsible.

Robbo · 1 Aug 2011 at 15:23

paradigm said:
Shocking? To hit a cat? Can't say I've ever cared tbh.

You've made yourself look a right prat with that post.

It could well belong to a little girl and she would be heartbroken about it for all you know. Still, who cares.

crinkleshoes · 1 Aug 2011 at 15:35

hilly said:
There's no doubt about it that cats and dogs and other pets are part of the family. You're obviously going to feel sad for the loss of either. However, if I ran over your cat (without doing it on purpose), I would not be liable in terms of law. Morally sure, if I was me I'd make sure the cat was either ok, or try to find the owners.

I'm not getting angry about the legal liability aspect (or even addressing that) at all... I wouldn't care about a few £££s if either of these guys were run over... it wouldn't replace them.

It was his "I don't care if I run over a member of your family" comment that infuriated me.

Hilly · 1 Aug 2011 at 15:42

ubersonic said:
The cat has an owner (unless its a stray), they are just not responsible for its actions, ive said this like three times now...

The Road Traffic Act of 1988 doesn't say that if you find somebody's rucksack in the street with their schoolbooks in it and everything that keeping it constitutes theft, but that's true too. The injury to the cat thing doesn't come under road traffic hence why my other examples included a cat being injured by barb wire and a dog. If you cause damage to another persons property they can seek reimbursement through the courts, this also applies to a cats vet bills incurred due to injuries for which you are responsible.

No, but the very definition of ferae naturae, means there are no owners.

The fact that cats aren't listed under the legislation (unlike Dogs, Horses, cattle, goats pigs, sheep etc) means they aren't defined as property. And if they aren't property (ala ferae naturae), it means there can be no owners.

Now, if you hit a cat and it ruins your bumper, who are you going to claim from if by the very definition of law and legislation of the RTA, there are no owners?

No owners mean no accountability.

Hilly · 1 Aug 2011 at 15:45

crinkleshoes said:
I'm not getting angry about the legal liability aspect (or even addressing that) at all... I wouldn't care about a few £££s if either of these guys were run over... it wouldn't replace them.

It was his "I don't care if I run over a member of your family" comment that infuriated me.

I can understand that, absolutely. But there is no obligation other than morally.

ubersonic · 1 Aug 2011 at 16:29

hilly said:
No, but the very definition of ferae naturae, means there are no owners.

Ok under ferae naturae they are not legally "owned" but are a "possession", I,E I possess my cat and can take anybody that causes damage to my possession to court to seek reimbursement, happy now?

Dr Who · 1 Aug 2011 at 16:39

ubersonic said:
I addressed this in a previous post >.> the 'ferae naturae' means that the cats owner is not responsible for anything the cat does, not that nobody is responsible for anything that happens to the cat!

And you are wrong, it applies to liability BOTH ways in legal terms except in cases of cruelty when they are regarded as Mansuetae Naturae or Domitae Naturae and the person administering cruelty can be sued for medical bills. Quite simply where a financial liability exists you have to provide details at the scene of an accident or report to the police station in person within 24 hours. Unlike other domesticated animals, cats are NOT required to be penned and/or controlled for this reason.

I have lost 6 cats in various ways I know the law surrounding cat ownership pretty darn well, and a cat owner should have insurance to cover vet bills in the event of a vehicular injury.

I have also lost a child and can say the loss of a child is greater but does invoke the same emotions. Some people don't have children and experience a similar loss with the loss of a pet.

PS. Dogs have owners, Cats have staff.

Wossi · 1 Aug 2011 at 16:42

ubersonic said:
Ok under ferae naturae they are not legally "owned" but are a "possession", I,E I possess my cat and can take anybody that causes damage to my possession to court to seek reimbursement, happy now?

So if your cat ran into the road and into a car, you would try and take the driver to court?

Dr Who · 1 Aug 2011 at 16:45

Wossi said:
So if your cat ran into the road and into a car, you would try and take the driver to court?

My cat did exactly that 2 weeks ago (see my thread) and the guy came to the door and informed us so we were able to spend the last few seconds of his life with him. To sue the driver (or even think to) would have been cold imho.

stulid · 1 Aug 2011 at 16:45

The sensible thing to do if you hit and found it is to check the collar for a number/address and either take the dead body to them, or if theres still life in the feline get it to a vet quickly.

If you cant find it after hitting it then carry on with your life.