What happens when your pet bites someone while he or she is on the end of a leash or being held in your arms in a veterinary hospital? Regardless of the circumstances, the owner of the practice is almost always held liable.
But under some circumstances, you could share some of the blame: “Go on, pet him. He’s sweet as sugar!” is not a line that will garner you any sympathy with the judge if Fido has bitten four neighborhood children already. “That’s not a pet, that’s a weapon,” the judge may well decide.
Yet the hospital is still held liable to some degree—he’s on our turf so he’s effectively under our control. So if an employee, an owner or another client is injured, it’s our insurance that commonly foots the bill. That’s why we have business insurance that specifically covers us for these inevitabilities.
In one local case, though, the vet hospital’s insurance carrier is biting back. It alleges that the owner is to blame for the damage her cat inflicted on a technician—about $12,000 in medical bills. Predictably, the vet hospital is staying out of the debate. This is clearly the insurance company’s party—one we’d rather not be invited to attend.
The owners of said aggressor appealed to a local TV affiliate’s “Help Me Howard” (a consumer advocate feature) angry that their they could be held liable for the vagaries of cat behavior. Bolstering the owners’ case was the fact that this kitty was hospitalized at the time and was not in any way under their direct control. Moreover, the owners maintain that they always inform the hospital of her aggressive tendencies.
So how is this possible? Well, it appears the law is starting to shift more towards owner responsibility. And insurance companies will try any trick under their roomy sleeves to keep from paying out their claims. In this case it seems to me the hospital should be liable—but I’m no lawyer.
Interestingly, this case was resolved in short order when the “Help Me Howard” people found a loophole in Florida law that excludes cat owners from being held to task when their kitties attack. Got a dog in the very same situation? You might still end up in court. Feline? You get a pass.
While I’m gratified to hear that the insurance company dropped its suit against these owners, what’s up with this law? How, exactly is a cat so different from a dog in these situations? Is it because cats are so notoriously unpredictable and semi-“wild” that their actions need not reflect on their owner? I suspect so. If so, here’s another example where the law is outmoded and its ability to stay on the books strains credulity.
After all, most of us who work daily with dogs know that fear aggression is almost impossible to thwart in veterinary settings. How can you blame a dog owner for a bite and let the cat owner off easy when the same behavioral issues are at play? Makes no sense.
If you’re like me, this post might leave you scratching your head at the insurance companies, the lawmakers and all the animal-uninitiated lawyers that follow their lead. It’s almost enough to make you want to call “Help Me Howard” to help you figure out just where you went wrong in your logical thinking. Who advises these lawmakers, anyway?
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Law and common sense has nothing in common, a lawyer friend of mine once said...
The differences in dog and cat legislation has left me scratching my head many times. From my European perspective, there are still a huge difference between dogs and cats. In this country dogs are required to be fitted with a permanent ID (be it tatoo or microchip) and registrered in the national dog registry before they reach 4 months of age. At the same time, the owner is required to take out a liability insurance, to cover any damages the dog may do to other people's dogs or property (we have national health insurance here, so human medical bills are not a problem). This insurance covers regardless of whether the dog is on a leash or the owner was present at the time of the incident.
In sharp contrast the cat has no special laws regulation ID or ownership - in fact it is perfectly legal to shoot a cat tresspassing, if you have advised the owner beforehand (providing you can find the owner...). If the neighbours cat do damage to you or your property I suspect you would be hard pressed to get any kind of money out of the insurance companies.
Strange that we still have this biased look at cats as semi-feral and killer of livestock (which is the historic reason behind the laws regarding cats), when most cats today are very domesticated pets.
/Mette, DVM
Mette November 8th, 2007 04:50:00 PM
It is odd that their are different laws for cat ownership liability than there are for dogs. There isn't as much of a difference between cats and dogs as we would like to think!
Cats can do just as much danger to a formidable opponent as a dog can do. While a cat may not be able to do to me what a Rotty can do, it can inflict a great deal of damage on other cats, humans, and sometimes smaller breed dogs (my furniture too!) Cat's can also spread nasty little diseases that cause them to be quarantined from other cats and probably shouldn't be roaming freely without justification of having such health issues in check. And just like their barking counterparts, cats are often the victim of vehicle collisions.
Cats, in nature, are free roamers but I do think that there could be some tightening of legislation on cat owners. I think that if cat owners were held to the same standard as dog owners, we would have less feral cats breeding more feral cats who run around sick, hungry, and scared.
Wendy November 8th, 2007 05:20:00 PM
Ame, Wendy! Better oversight means more compliance and more respect for felines in general.
Dr. Patty Khuly November 8th, 2007 09:47:00 PM
That was a hearty AMEN not a wimpy Ame. Sorry for the typo--new keyboard, you know?
Dr. Patty Khuly November 8th, 2007 09:48:00 PM
Nothin wrong with a hearty Ame!
I woke up this morning to find Tornado sitting on the laptop keyboard. I extracted her in the most gentle form that I could at 3 am. When I officially woke up at 8 a.m., I found that she may have gotten even later with the removal of the "W" and the "E" from the keyboard (and on the floor quite a few feet from where the laptop was sitting!)
W and E are the first two letters of my first name. I hope she wasn't "taking me out" in her own little way.
I'll have to check her toy box for the missing voodoo doll.
Wendy November 8th, 2007 10:35:00 PM
If you work for a vet practice you will get bit, clawed etc. It goes with the territory. I'd like to know more about this case and how $12,000 in medical bills was spent. Cats are often frightened and aggressive at the vets - a perfectly nice cat otherwise can transform into a beast.
2CatMom November 9th, 2007 12:35:00 PM
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