On 26/08/2019 01:19, T i m wrote:
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'?

Yep - just like the absence of photos of unicorns doesn't mean they
don't exist.



--
Robin
reply-to address is (intended to be) valid