what are my rights? - YorkieTalk.com Forums

Brooklynmommie · 06-12-2011, 01:38 PM

My yorkie was attacked in my local corner store by the owner cat..... I took my yorkie to the vet and I was billed $ 122... I talked to the owner and he said he is not paying anything because its not his fault! I think its wrong! What can I do to make him pay for his cats actions?

jadabug · 06-12-2011, 02:06 PM

I would think since it happened in his store, and by his cat he would be liable.

Coton Momma · 06-12-2011, 02:14 PM

My guess is it will depend what state you are in. Try hitting google with your specific state. Your city may have rules as well.

Ringo1 · 06-12-2011, 02:14 PM

Should your dog have been in the store? I'm not making any assumptions - just trying to get the full picture.

MaddiesMommie · 06-12-2011, 02:17 PM

Quote:

Originally Posted by Ringo1

Should your dog have been in the store? I'm not making any assumptions - just trying to get the full picture.

I was also wondering if the store was a 'pets welcome' place and if your dog was on a leash? Also, just trying to get the full pic

Rhetts_mama · 06-12-2011, 02:20 PM

I would think that your best course of action would be calling animal control in your area to get an idea of what his responsibilities are. Generally speaking, if one has a pet that attacks another then they are responsible for injuries, but there are a lot of variables.

Ellie May · 06-12-2011, 03:01 PM

If animals were welcome and your pup didn't start the fight, then the owner could be liable. The place to start would probably be animal control. Also, if the cat isn't up to date on rabies vaccinations, animal control may need to get involved anyway. Depending on the laws there, it may need to be quarantined since it attacked an animal and now that animal (your pup) could be in danger.

mscat · 06-12-2011, 03:07 PM

You could file through small claims court. Your going to need plenty of evidence supporting the attack was the cat's fault. Otherwise, you will be stuck with the court costs that will be more then $100.00.

Brooklynmommie · 06-12-2011, 05:34 PM

I bring my pup there all the time. But this particular day my nephew brought my pup there and I spoke to the owner he said there is no pets allowed in his store. Also my pup was in his cat home (the store)so it's nothing he can do

megansmomma · 06-12-2011, 05:47 PM

If it were me and this was a store that I was a regular customer I'd cut my losses and never go back. Obviously, he doesn't value your patronage.

York4Ever · 06-13-2011, 05:46 AM

the first thing you should do is to go into the police station and report at happened.. you are going to need this in case you need to take further actions... if he is the store owner he has insurance for this kind of problem.. you can always take him to court for damage on your property (your pet in case).. do you have any witnesses?

Teresa Ford · 06-13-2011, 06:06 AM

I am not sure what the law says. I would not shop there again. It is a matter of moral outlook, the owner thinks he is right and you think you are right ( most of us agree with you). You do not have to give him one more penny of your money.
My friend Sue's Yorkie was attacked, by a cat he chased, when it turned and fought. Sue did not ask her neighbor to pay for Oliver's 11 stiches. Even though it happened in her yard and the cat was trespassing.

Rhetts_mama · 06-13-2011, 06:42 AM

Quote:

Originally Posted by Brooklynmommie

I bring my pup there all the time. But this particular day my nephew brought my pup there and I spoke to the owner he said there is no pets allowed in his store. Also my pup was in his cat home (the store)so it's nothing he can do

Not true. If you were to come to my house and one of my dogs were to attack you (or your pet) I would be liable because the attack happened on my property. I am responsible for everything that happens on my property.

Lil Sis · 06-13-2011, 07:06 AM

I would not shop there again. I would be sure to tell as many people as possible how the owner of that store is dealing with this situation. I would post on YELP... FB.. and all method you can think of. The loss of business will change his mind.

If pets were not allowed why were you not told before? He may have been wrong for not telling you before ... for example in Florida pets are not allowed in any store that sells food. If a person walks in with a pet and are not asked to leave the implied message is the pet is allowed. If the pet is allowed he has responsibility for your and your pet's safety.. at least I think so.

Also I have had situations of cat fights. I had a neighbor's cat go onto my property and get in a fight with my cats and I had a very large vet bill. I called animal control and was told cats are "ruled differently" than dogs. Owners are not liable for cats roaming. It would be very hard to prove liabilities.

BUT.... this was a place of business... and it was implied your pet was allowed. So.. if your dog was on a leash I would think the store owner would have some liability.

ha... I watch too much law and order

Deuce · 06-13-2011, 07:12 AM

It's a matter of how far you are willing to take this. I would report the incident to animal control just in case the cat isn't up to date on all shots.

With cats though, it can be difficult. If the cat isn't micro-chipped and the owner decides he doesn't want to claim any responsibility for it he could just claim the cat is a stray that was roaming that day.

For this situation, I would just cut my losses and walk away. He obviously doesn't value your patronage, so he doesn't seem like someone you should do business with.

06-12-2011, 01:38 PM	#1
Brooklynmommie Senior Yorkie Talker Join Date: May 2011 Location: Brooklyn New York Posts: 139	what are my rights? My yorkie was attacked in my local corner store by the owner cat..... I took my yorkie to the vet and I was billed $ 122... I talked to the owner and he said he is not paying anything because its not his fault! I think its wrong! What can I do to make him pay for his cats actions? __________________ *Brooklyn's mom* Last edited by Brooklynmommie; 06-12-2011 at 01:39 PM.

06-12-2011, 02:06 PM	#2
jadabug Jada + Bogie = ♥ Donating Member Join Date: Jun 2009 Location: Mayberry AKA smalltown usa Posts: 24,078	I would think since it happened in his store, and by his cat he would be liable. __________________ Michelle, Jada and Bogie

06-12-2011, 02:14 PM	#3
Coton Momma Senior Yorkie Talker Join Date: Feb 2011 Location: PacNW Posts: 157	My guess is it will depend what state you are in. Try hitting google with your specific state. Your city may have rules as well. __________________ Angel is a Coton de Tulear. Now she has a Papillon sister to play with named Margaux

06-12-2011, 02:14 PM	#4
Ringo1 Ringo (1) and Lucy too! Donating Member Join Date: Sep 2009 Location: On the Edge of Glory Posts: 3,447	Should your dog have been in the store? I'm not making any assumptions - just trying to get the full picture. __________________ Mommy to Lucy, Ringo, and Matthew

06-12-2011, 02:20 PM	#6
Rhetts_mama Donating YT 4000 Club Member Join Date: Apr 2010 Location: Georgia Posts: 5,959 Blog Entries: 1	I would think that your best course of action would be calling animal control in your area to get an idea of what his responsibilities are. Generally speaking, if one has a pet that attacks another then they are responsible for injuries, but there are a lot of variables. __________________ Don't get your knickers in a knot. Nothing is solved and it just makes you walk funny.

06-12-2011, 03:01 PM	#7
Ellie May And Rylee Finnegan Donating Member Join Date: Apr 2007 Location: Metro Detroit, MI Posts: 17,928	If animals were welcome and your pup didn't start the fight, then the owner could be liable. The place to start would probably be animal control. Also, if the cat isn't up to date on rabies vaccinations, animal control may need to get involved anyway. Depending on the laws there, it may need to be quarantined since it attacked an animal and now that animal (your pup) could be in danger. __________________ Crystal, Ellie May (RIP), Rylee Finnegan, and Gracie Boo🐶

06-12-2011, 03:07 PM	#8
mscat YT 3000 Club Member Join Date: May 2008 Location: Hanford, CA Posts: 4,895	You could file through small claims court. Your going to need plenty of evidence supporting the attack was the cat's fault. Otherwise, you will be stuck with the court costs that will be more then $100.00. __________________ "No matter how little money & how few possessions, you own, having a dog makes you rich."

06-12-2011, 05:34 PM	#9
Brooklynmommie Senior Yorkie Talker Join Date: May 2011 Location: Brooklyn New York Posts: 139	I bring my pup there all the time. But this particular day my nephew brought my pup there and I spoke to the owner he said there is no pets allowed in his store. Also my pup was in his cat home (the store)so it's nothing he can do __________________ *Brooklyn's mom*

06-12-2011, 05:47 PM	#10
megansmomma Donating YT 10K Club Member Join Date: Aug 2007 Location: S. W. Suburbs of Chicago, IL Posts: 12,235	If it were me and this was a store that I was a regular customer I'd cut my losses and never go back. Obviously, he doesn't value your patronage. __________________ “Never argue with a fool, onlookers may not be able to tell the difference.” Mark Twain

06-13-2011, 05:46 AM	#11
York4Ever Senior Yorkie Talker Join Date: Dec 2008 Location: Surrey, UK Posts: 241	the first thing you should do is to go into the police station and report at happened.. you are going to need this in case you need to take further actions... if he is the store owner he has insurance for this kind of problem.. you can always take him to court for damage on your property (your pet in case).. do you have any witnesses?

06-13-2011, 06:06 AM	#12
Teresa Ford Therapy Yorkies Work Donating Member Join Date: May 2011 Location: Central, Florida Posts: 3,863	I am not sure what the law says. I would not shop there again. It is a matter of moral outlook, the owner thinks he is right and you think you are right ( most of us agree with you). You do not have to give him one more penny of your money. My friend Sue's Yorkie was attacked, by a cat he chased, when it turned and fought. Sue did not ask her neighbor to pay for Oliver's 11 stiches. Even though it happened in her yard and the cat was trespassing.

06-13-2011, 07:06 AM	#14
Lil Sis Donating YT 500 Club Member Join Date: Mar 2010 Location: South Florida Posts: 8,008	I would not shop there again. I would be sure to tell as many people as possible how the owner of that store is dealing with this situation. I would post on YELP... FB.. and all method you can think of. The loss of business will change his mind. If pets were not allowed why were you not told before? He may have been wrong for not telling you before ... for example in Florida pets are not allowed in any store that sells food. If a person walks in with a pet and are not asked to leave the implied message is the pet is allowed. If the pet is allowed he has responsibility for your and your pet's safety.. at least I think so. Also I have had situations of cat fights. I had a neighbor's cat go onto my property and get in a fight with my cats and I had a very large vet bill. I called animal control and was told cats are "ruled differently" than dogs. Owners are not liable for cats roaming. It would be very hard to prove liabilities. BUT.... this was a place of business... and it was implied your pet was allowed. So.. if your dog was on a leash I would think the store owner would have some liability. ha... I watch too much law and order __________________ Shinja mom to Remy lil Sis to Bailey and Sammy

06-13-2011, 07:12 AM	#15
Deuce No Longer a Member Join Date: Apr 2010 Location: Virginia Posts: 1,717 Blog Entries: 1	It's a matter of how far you are willing to take this. I would report the incident to animal control just in case the cat isn't up to date on all shots. With cats though, it can be difficult. If the cat isn't micro-chipped and the owner decides he doesn't want to claim any responsibility for it he could just claim the cat is a stray that was roaming that day. For this situation, I would just cut my losses and walk away. He obviously doesn't value your patronage, so he doesn't seem like someone you should do business with.