Legal Question in Personal Injury in New York

Liability for vet bills following neighbors pet caught in trap
A neighbors cat was caught in a trap placed in my garden. Woodchucks were digging holes and eating my vegetables and I was simply trying to protect my property. The Police investigated and did not file any criminal charges against me. I was also on vacation at the time but did have another neighbor visit the garden every day, and was aware the trap was there. The cat sustained injuries and was treated at an animal emergency center. As this happened on my property, am I liable for the vet bills? I am being sued in Small Claims Court.

Asked on 10/06/05, 8:26 pm

3 Answers from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

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Re: Liability for vet bills following neighbors pet caught in trap

We had cases like this in law school!

(1) While you are not permitted to build 'traps' on your own property, this does not qualify as a trap because there is no danger of injury to a person.

(2) The cat has no rights of easement or other right to be on your property.

(3) The holes dug by the chipmonks can be a hazard to persons and the traps are a normal and reasonable measure to protect the health and welfare of invitees, guestsm, and even trespassers.

Print out this answer and quote it to the small claims court judge. You should be ok.

Answered on 10/07/05, 5:12 pm

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Stephen Loeb Law Office of Stephen R. Loeb

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Re: Liability for vet bills following neighbors pet caught in trap

Maybe. The result would hinge on the purpose of the trap, the likelihood of harm, the awareness of the cat and whether there were other more efficient ways of protecting your property without harming your neighbor's (the cat). The other question is how the cat had access to your property. Did you have a secure fence? Or did the cat simply wander.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

Answered on 10/10/05, 10:30 am

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