Legal Question in Landlord & Tenant Law in Colorado

Dog injures Cat

I was walking my dog in my neighborhood in Centennial, CO. We have many wild rabbits in our subdivision and my dog regularly checks out bushes for rabbits and gives chase (as do many other dogs in our neighborhood). He is ALWAYS on a retractable leash (there is a leash law).

I saw an acquaintance walking towards us; I was preoccupied with greeting her/conversing. My dog (50 lbs.) bolted around a bush in the yard we were in front of; I was yanked off my feet and discovered my dog was lying on the ground with a cat in his mouth. We started screaming at the animals. My dog let go of the cat; the cat then climbed up a nearby tree. The female owner of the cat came out to find out what the noise was all about. I told her my name, that my dog had attacked the cat and I would pay for the cat's injuries, & to contact me.

A couple of days later, the owners (husband and wife) came over to my house and said the cat had extensive injuries, would live and vet bills were $4500. They asked if I would pay the entire bill?

What is my liability? My vet says there is an inherent risk in letting a cat outside without a fence and that I am not totally at fault; I should only offer to pay 50% of the vet bills. What is your opinion?


Asked on 7/17/08, 5:36 pm

1 Answer from Attorneys
Joseph T. Bernstein

Re: Dog injures Cat

You are probably partially liable for the injuries to the cat, because it was your partial negligence that caused the injury (i.e., you were preoccupied with talking to your neighbor at the time, and therefore not paying complete attention to your dog). However, the cat's owned is also partially liable, because it was negligent for the cat's owner to let the cat outside without a leash or a fence. 50% seems reasonable to me. However, you should not have any further conversations with your neighbor, and you should not admit to any fault; your statements could be used against you if your neighbors decide to sue you. Please feel free to email or call me if you have any questions.

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Answered on 7/17/08, 9:35 pm


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