The Content Of The Article:
- Liability for damage caused by cats
- Who is liable for accidents in the neighbor's garden?
- Neighborliness counts
The lovingly maintained flowerbed as a litter box, dead birds in the garden or - even worse - cat droppings in the children's sandpit. It does not take long and the neighbors see each other again in front of the kadi. Cat owners and neighbors are mostly in the hair because of the question, if, where and how many cats may have free run. Countless legal disputes were already fought because of the velvet paws. Because: Not everyone is happy about visiting the neighboring cat, especially if feces or damage are left. In principle, it is legally difficult to prevent the neighbor's cat from entering their own property. For example, the Darmstadt district court has ruled that if a neighbor has five cats, the visit of two neighboring cats must be tolerated because of the neighborly community relationship (judgment of 17.03.1993, file reference: 9 O 597/92).
This regulation can hardly be implemented in practice. And so the victims often resort to self-justice. There are stories of evil neighbors who go to the barricades with rat poison and air rifle to kill the unwelcome guest. Courts have to clarify a variety of questions on a case-by-case basis: Does your own garden have to be sealed off in a cat-proof manner, so that the kitty does not actually imitate neighbor's birds? Who is liable for damage and dirt in the garden or scratches on the car? What to do when nightly cat concerts keep the neighborhood awake?
Silently, free-range cats comb out large areas in the neighborhood
Cat lovers argue that a pure housing attitude is not appropriate to the species. The angry garden owners, on the other hand, hold that they are not allowed to do their daily work in everyone's vegetable patch. And what about the nice old lady who feeds all stray cats within a few blocks of misunderstood animal love?
A complete ban on entering all cats can not be claimed, because this would mean that the cats must be abolished. The ban on cat ownership would have extended to the entire residential area. This result would be incompatible with the requirement of neighborly consideration. In the assessment, it always depends on whether in the neighborhood animal husbandry and free-range animals are common. According to the district court Cologne (file reference: 134 C 281/00), for example, cats must not be locked up, even if neighbors are afraid for their own free-roaming guinea pigs. It is common that cats, unlike guinea pigs, have clearance.
Liability for damage caused by cats
Warm hoods are often used by cats as a sleeping or viewing place
Basically, as a cat owner, you are also responsible for any damage caused by the cat, such as when your cat eats the ornamental fish from the garden pond in the neighboring garden. However, it must be provable that the damage has been undoubtedly caused by this particular cat. The district court Aachen decided on 30.11.2006 (file reference: 5 C 511/06) that the proof of the perpetrator must be furnished and circumstantial evidence is not sufficient. That is, one would have to catch the cat in the act and at best have witnesses to the side. In the above case, even a DNA certificate should be created, which was rejected on the grounds that the cat may well have been on the car of the plaintiff, but it is questionable whether it has caused the damage there.
Who is liable for accidents in the neighbor's garden?
Dogs and cats are not always as good as in this picture
But what happens when the cat meets a dog while being walked in the neighboring garden and gets hurt by it? Is the dog then to blame or the cat? Would the owner of the dog simply have to take better care of her animal? If a dog bites a cat to defend its territory, the public bureau will have no muzzle obligation. Although a dog must be kept in principle so that people, animals and things can not be endangered. However, in assessing whether a dog is snappy or dangerous, the natural instinct of the animal must be considered in defense of its sanctuary - after all, the cat had invaded the fenced property. Also, in the opinion of the Administrative Court of Saarlouis, Az. 6 L 1176/07, the capture of smaller (prey) animals to the usual behavior of a dog, without this being an inferior aggressiveness can be concluded. A (prey) animal, which goes on the terrain of a dog, is in principle in danger of being bitten by this. In that regard, there is no indication of a particular biting dog.
But the best advice is always: talk to each other before the situation escalates.Because a good neighborhood not only protects your wallet, but above all your nerves.