Dog v Cat

[Wineat5isfine]

Sorry if this is the wrong topic to post this in, but it’s for traffic. My apologies x

We have a very secure boundary - 6ft solid fences - because we have a big dog. He is as soft as anything, but has a high prey drive.

One of our neighbours has a new cat which keeps coming into our garden. Our dog has very nearly caught this cat on a few occasions. I hate to think what might happen if he does catch it 😢

Ive told this neighbour of our concerns, but she is adamant that we are responsible for anything that happens to her cat, even if it’s on our property and that she will claim compensation from us / seek legal advice, if anything happens.

Ive googled so much and found conflicting advice. Does anyone have any idea if we would be responsible? ☹️

Cats aren't considered property, so I don't think anyone can do anything if they come to harm accidentally (animal cruelty a different thing).
If you let your cat out, you take your chances with it
Being run over by a car
Getting into fights with other cats
Being chased by dogs
Falling down a well...
Whatever.

Point being that free roaming cats are often affected by hazards, that's the risk you take and the cat would probably rather it was that way, as very few prefer being indoors...

However, your neighbour has demonstrated they are not only unreasonable, but litigious too.
I think if they tried to make a claim they'd be told they didn't have a case... But would they then seek to make things miserable for you another way!?

I would never deprive a pet owner of information normally, but in your shoes, if the dog gets it when it's in his own garden, I'd deny any knowledge and get rid of it. Not. At. All. My style to do that, but your neighbour sounds vindictive.

Can the cat owner not proof their garden to stop it getting out?

I've never known a dog to need supervised in a private garden. Very grateful in this climate our dog is more independent.

@Wineat5isfine i have a cocker spaniel so I’m very aware of high prey drive (although he’d gently carry an animal to me rather than injuring it - he walks around with a whole egg not piercing the shell). He used to chase birds, cats, squirrels, so we worked hard to train him so he’s not scaring other animals.

you’ve clearly decided you’re right so I’m not sure why you’re asking. Cats cannot be put on leads and keeping them trapped inside is also not okay. There’s always a risk a cat might get hit by a car or attacked by a dog and cat owners take that risk but you know your dog’s behaviour and don’t want to do anything about it so post here hoping you’ll be told it’s the cat’s fault and you can feel less guilty.

No, she doesn’t want to do this as she believes cats should roam freely. I have a cat mad friend who believes this and I respect the logic, but also think the consequences should be respected to.

It would break my heart though.

I will also add that this cat killed a squirrel and 2 birds in the last month, so to anyone who is slating dogs, bear this in mind please.

Cats can be killers but dogs can be trained 🤷🏻‍♀️

My dog, no longer with us, was allowed in the garden by himself. Why shouldn't he be. He was safe and secure and couldn't get out. It was our home. He usually preferred to hang out with us, but on a nice sunny day, it just for a sniff around, he'd be out there for a while, not necessarily a long time.
This is normal.

You've done the right thing warning your neighbour op. If they don't want to do anything to discourage it that's on them, it's your garden their cat is coming into.
They could have discussed with you something to put on top of the fence line, or asked what times the dog didn't use the garden etc, I bet you'd have gladly had that chat... But no they threatened legal action. F* that.

If you want to look at it from a truly subjective stance, ask yourself this: if your dog injured a person while they were in your home/on your property (but you had made the person aware before they came over that your dog might hurt them), who would be liable? Still you, unfortunately.

“ @GoingOffOnATangent
Cats aren't considered property, so I don't think anyone can do anything if they come to harm accidentally”

In the UK, cats are legally property. Perhaps you are in a different jurisdiction @GoingOffOnATangent?

“Theft Act 1968
Cats are regarded in law as property, so the theft of a cat is treated as an offence under the Act, in the same way as theft of any other property. A cat that is lost or has strayed is generally regarded as the property of the original owner. It is therefore necessary to try to return a lost cat to its owner.

Criminal Damage Act 1971
If a person kills or injures a cat belonging to another person, they may have committed an offence under this act, because the law regards cats as property.

The Common Law Duty of Care
It is often thought that cats have a right to roam wherever they wish. This idea is based on the fact that dog and livestock owners are obliged by law to keep their animals under control - but these duties do not apply to cat owners. The law recognises that cats are less likely to cause injury to people or damage property than some other animals. However, cat owners do have a duty at law to take reasonable care to ensure that their cats do not injure people or damage property. Cases involving damage to property or injury to people by cats are rare”

OP the short answer is yes you could be legally liable if your dog injures the cat. Yes it sucks for you. Most cats can outrun most dogs but yes a lurcher is incredibly fast. No I do not have any solution that doesn’t require a lot of effort in your part (water pistols on cat / special dog training / cat proof that side of the fence and hope the cat doesn’t bother to walk round - also this could backfire if the cat became trapped in your garden). Good luck.

Most cats are very intelligent animals. I would imagine after a few near misses with your dog the cat will not bother with your garden or if it does will sit high and tease the dog. We have a dog and cat, before we got the dog we had all the neighbouring cats in our garden a lot! Now they sit on the fence and torment my dog who has a very strong prey drive! Drives her nuts while they sit up there looking supremely smug!

Tack some carpet gripper to the top of your fencing, it should stop the cat climbing over hopefully. X

I have sighthounds. If they ripped a cat apart in my garden I would feel bloody awful and responsible. You can’t control the cat roaming. You can control your dog.
Mine don’t go out without me supervising. (One is a hunter and a barker given half a chance. Plus the risk of them being stolen.)

@Ofa - no unusual jurisdiction, England... But, I'm not a solicitor. I know there is a distinction between dogs and cats in law... Maybe it was the 'dogs and livestock under control' thing I was thinking of.
So, don't take legal advice from me, but, I still stand by the rest, neighbour sounds very unreasonable, shutting down a constructive conversation with threats. 🤔

Ask the neighbour to pay for and arrange for your garden to be cat proofed. Then she's responsible for the safety of her cat, and both animals can still go out?

My next door neighbours Alsatian killed my cat, in their garden. While I was out there at the time and heard it all. It was horrific. This dog had also attacked two pugs in our street previously and another little dog after my cats death. It was muzzled from then on. But the RSPCA wasn't interested. So don't worry, no one will be interested if your dog kills someone's pet cat.

Most cats are sensible and will avoid gardens with dogs if possible. My cat was having a spat with their cat and it was the first time she'd gone in theirs.

Amchoor that’s bloody awful. I’m so so very sorry.

Tell her to get a catio so her cat can go outside but not get out. She seems to think it's ok for her cat to be injured, scared or killed as long as she's in the right

@Ofa out of interest, the snippet of law you quoted says dogs must be kept under control... Would be contained within your own garden qualify as being 'under control'?
Would you know? (Or maybe you were just being a proactive googler?)
I remember, from a law module I did a long time ago (so only dimly remember) that intruders to a house couldn't necessarily sue if a dog attacked them, but can't remember on what legal point the possibility hinged upon...

Putting aside the cat issue. I would suggest that if you don't want your dog to attack any animals entering your garden then you need to be the one responsible for ensuring they can't get in. What happens if another cat takes a liking to your garden, or a fox, or another wild animal? Surely if your dog is interested in your neighbours cat, he'd be interested in any small animal? Surely you'd want to prevent any animal being killed?

Disgusting attitude from your neighbour aside, maybe the simplest thing would be to muzzle train him when he's in the garden. Then you won't need to supervise him and he can still enjoy the garden as he does now?

Animals kill. This is completely normal. Cats kill a lot: mice, frogs, birds, rsbbits, whatever. I don’t think there is any expectation that cat owners should somehow try to stop their pets killing other animals that are their natural prey,

Why should we do it for dogs? If a cat owner lets their cat roam, then they should accept the potential consequences. Dogs should definitely be allowed IN THEIR OWN GARDENS! That is not the same as having them controlled in a public space. If a dog attacks the burglar, we don’t blame the dog. For burglar, insert cat.

Some of the replies on here are ridiculous. My lurcher mix is very happy to spend long stretches in the garden alone, often watching birds and squirrels. Also, like yours, she's on a lead unless in a secure field, so i won't limit her freedom at home. She would definitely chase a cat (though i dont think she'd do anything more). As soon as she got quite big cats stopped coming into the garden. If your neighbour's cat lacks the intelligence to avoid such an obvious danger then she needs to cat proof her garden or keep it in. No danger from cars either that way.

Nobody wants the cat hurt, but you are neither legally or morally responsibile if it happens accidently.

I would do a quick scan of the garden before letting the dog out, but would not otherwise supervise. The cat is unlikely to enter if the dog is out there. If your ndn is really concerned it is up to them to take action to reduce the risk of their cat entering your garden.

Just don't worry about it. The cat knows your dog exists and it's choosing to enter your garden - not your problem. I doubt the cat owner is that worried about either their pets safety or the safety of other people's small furry pets (or wild animals) if they let their cat roam.

It’s OPs garden! Of course their dog can go out unattended.

Cat owners take a risk when allowing cats outside, usually it’s from roads. Could you invite them round to show the measures you’ve taken to secure your property?

If it would really break your heart, surely you'd invest some time and energy into at least trying to train your dog not to chase cats.

I have 3 dogs and 2 with high prey drives. They've all responded well to training so no ripped up squirrels/cats for me.