Legal Question in Civil Litigation in California

Cat damage to a motorcycle

I am from out of state working in California. I am staying at a rv/mobile home park. I park my motorcycle outside next to my rv. A neighbor has a cat that stays on my bike. I came out this morning and the cat was on the bike with sand all over the tank and bags with tracks. I just had the tank painted about 8 months ago. Cost a thousand dollars. The clear coat is ruined. The rear seat which is brand new and is also high dollar has small pinholes all over from the cat putting his claws through it. I confronted the neighbor about it today and he confirmed it was his cat and he has seen the cat on the bike. His resolution was to electrify the bike. Sharp fella. But I want to know what I can do to get restitution for the damage. The guy doesn't seem to care that his cat is damaging other peoples property. Someone help please.


Asked on 3/19/07, 9:14 pm

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Cat damage to a motorcycle

Your legal theory is that the neighbor was negligent by failing to control his cat and that this was the cause of the damage to your bike. This presupposes that people have what is called a "legal duty" to control their cats. However, as everyone knows, cats are difficult if not impossible to "control" in the manner you suggest. Even if the owner had some pre-existing knowledge that his cat would use your seat as a scratching post, it's a stretch to see a court finding a legal duty here.

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Answered on 3/20/07, 12:09 am


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