i'm well-aware of that.

i'm also aware, as a farm-raised girl & young woman, & a wildlife-rehabber, that cats wreak merry havoc
among all manner of wildlife - & they don't have to be hungry to do so. It if moves right, or sounds right,
cats will grab it - and even if they don't kill it outright, cat-scratches & bites are overwhelmingly disposed
to infection. Over 80% of animals caught by a cat who are released apparently 'unharmed' die in 5 to 7 days
of rapid infections, which leave them unable to find food, flee predators, seek shade or cover, or get to water.

wildlife don't have nurses - they live, or they die. With cats around, more of them die. Simple & short.

in this case -
we are discussing a specific cat, who lives next-door to a man who is demented by illness.
he cannot be relied upon to 'be nice to the kitty'. He gets angry if he thinks there was, or may be,
damage to his flowers; in that anger, he is very liable to hurt or even kill the cat.
to extend the cat's lifespan & reduce the odds of injury, i'd keep my cat at home, or on a leash.

the owner, of course, is free to do as s/he wishes - but if Kitty comes home with 3 or 4 busted ribs,
or doesn't come home at all, the dementia-patient is not responsible for the injury or death.
there is a known risk, which must be acknowledged.

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terry pride, APDT-Aus, apdt#1827, CVA, TDF
*wolves R wolves, dogs R dogs, + primates R us.*
tmp, sept-2007

I am going to speak to OH when he gets up (night shift) but we had a chat about this once and I think if you can prove it they can be. Also although we are legally responsible for our dogs, we aren't in the UK due to the general nature of a cat. I will have to check.

no, they cannot - like a child under the age of reason, or any seriously retarded or mentally-ill person,
they are not legally responsible for their actions, or the consequences of their actions.

a 5-YO who microwaves the kitten "to dry her" is not held liable for cruelty, even tho the kitten dies.
a mentally-retarded person who flies into a rage when they find the dog peed on their bed, & strikes the dog,
killing or seriously injuring the dog, is not held criminally liable or charged with cruelty.

it is up to the mentally-competent & the adults, respectively, to protect animals from the actions
of retarded or mentally-incompetent adults or children, or younger children who don't understand
the consequences of their actions.

in this case, it is the owner's[s'] responsibility to keep the cat safe from the [literally] demented neighbor.
he cannot be held responsible for his actions, or consequences of his actions, given his mental state.

__________________
terry pride, APDT-Aus, apdt#1827, CVA, TDF
*wolves R wolves, dogs R dogs, + primates R us.*
tmp, sept-2007

That's why i said i was going to check with OH. But playing devils advocate, would the parent of said child not hold some responsibility there for not supervising the child???

yes, depending upon the circs, they would.

just as depending upon the circs, the caregiver of a demented or retarded person may be held responsible,
to one degree or another, for things they do which result in injury, property damage, or death.

EX -
if the caregiver is a smoker & leaves their lighter available, & their charge sets fire to the neighbor's garage,
totaling the garage & badly damaging the car - they left the lighter out; they were negligent.
how much legal responsibility or damages they owed would be a court matter.

HOWEVER - in the case of the cat, letting the cat into the demented neighbor's yard is a case
of "at Ur own risk" - the neighbor is known to be demented; we know the man is devoted to his garden.
we know he gets very emotionally-upset after any damage or insult to his garden.
ergo, letting the cat roam is a legally negligent act, & the consequences would be on the owner,
or in the owner's absence, the petsitter, relative, etc, who let the cat out.

__________________
terry pride, APDT-Aus, apdt#1827, CVA, TDF
*wolves R wolves, dogs R dogs, + primates R us.*
tmp, sept-2007

Ah, I don't have a problem with cats killing wildlife, so I'd be on a different side of the fence.

I would guess that there are a number of things the OP can do to help prevent her cat getting into her neighbour's garden, such as have already been suggested and I'm sure there are loads more options. If someone wants to keep their cat indoors and only walk it on a leash, that's up to them of course and a possible solution if you're comfortable with keeping cats that way. I find it a weird concept, that I'd want to avoid myself.

i would rather exhaust all other options before having to keep him in. He is inside moat the time anyway and he never roams very far. I am sorry but i will not put my cat on a leash, it would really stress him out and I would think very unlikely he would do his business on a leash. He is quite a good cat, he uses one corner or the garden to do his business and doesn't hunt anything other than worms! I will try cat proofing the wall.

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U don't have a litter-box?! No wonder the neighbor is not happy to have him visit.
'poop-presents' don't go over well.

no i dont, he goes in one corner of our garden only, the neighbours have woodchip in their flower beds which my cat hates. If he were to use their garden i would seek solutions to this.

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