On Sun, 25 Aug 2019 17:16:09 +0100, Robin wrote:

On 25/08/2019 15:42, ARW wrote:
On 24/08/2019 20:04, T i m wrote:


p.s. I'll have to ask daughter if she checks for chips when she
shovels cats off the road and if she does, how many have them ... and
if they did, if the chip survived the experience. The latter might be
good to learn, should a cat that wasn't under control cause an
accident and the 'owner' was to be traced and held responsible (as I
understand they can under certain circumstances).


You understandings are, as normal, incorrect.


Yes and no.

Owners of cats who cause personal injury or property damage could
certainly be sued on the basis that they (the owners) failed in their
duty of care.

Quite.

On the other hand it's not enough to show the owners knew such injury or
damage was /possible/. They have to be shown to have been negligent -
i.e. they both knew it was reasonably foreseeable and failed to take
reasonable steps to prevent it.

Yup.

AIUI the courts would look at various
things - including the nature of cats and the impracticability of
fencing them in. And it seems to me significant that no one seems to
know of cases decided in favour of a claimant.

But that doesn't mean they don't exit, however 'difficult / unlikely'?

On the third hand, someone has to set the first precedent. I can't
think of anyone better than T i m to fund such a case or to take it
himself on a DIY basis.

I would seriously consider it if I was put into such a position by a
negligent cat (specifically as most other pet / livestock owners
already have a clear / defined responsibility to others).

ITRW, most cats simply die under such circumstances and without
causing a major issue for anyone else (even their owners in many cases
who simply go out and get 'another one').

As / when someone swerves to avoid a cat (you shouldn't but it may be
instinctive to) and hits a bunch of kids, things might change. ;-(

But as you don't have to report hitting and killing a cat, the
statistics on how many get killed (that could have lead to a worse
accident) may not be available.

Cheers, T i m