Guide
Paws off! How to keep your cat away from the Christmas decor
by Maike Schuldt-Jensen
Paw + Order: you'll be held liable for property damage caused by your four-legged friend
23.4.2024
Translation: Patrik Stainbrook
Did the neighbour’s cat eat your goldfish? Or did your dog dig up the neighbour’s rose bed? Find out what you can do in such cases in the fourth episode of Paw + Order.
From my kids’ room, I had a direct view of our neighbour’s biotope. While I had to suffer through annoying quacking concerts on balmy summer nights, it offered the best entertainment at other times.
One day, when I looked out of the window, I saw another neighbour’s black and white cat sitting by the pond. He stared in motionlessly. This aroused my curiosity. Suddenly his paw shot forward, diving into the water and pulling out a goldfish. With the prey in his mouth, the four-legged friend left.
What caused me to have a fit of laughter drove the neighbour concerned into a full on rage. But what could he have done? Caroline Mulle, legal researcher at the Foundation for Animals in Law, knows.
Caroline Mulle, what do I do if the neighbour’s cat eats my goldfish from the pond?
In such a case, I’d first approach the neighbour in question and discuss the situation. Of course, you also have a duty as the owner. Care must be taken to ensure that the fish aren’t injured or even killed by other animals.
Is a distinction made between pets?
Yes. The liability of dog owners is much stricter than that of cat owners. It’s assumed that dogs can be trained and controlled more easily. Cats, on the other hand, are considered untrainable and constant monitoring on their forays would be disproportionate.
So cat owners don’t have to pay for damages?
Generally no. However, voluntary assumption of costs is, of course, appropriate if it’s proven that your own cat caused the damage.
How do I prove it was the neighbour’s cat?
In addition to video recordings, this can also be done using photos or witnesses.
Are pet owners liable for any damage caused by their pet on a neighbour’s property?
Yes, in general, unless the owner can prove that everything possible was done to prevent damage given the circumstances. In other words, that the damage would’ve occurred despite due care. Ultimately, however, liability must always be clarified on a case-by-case basis.
Can I force a neighbour to put up a fence if his dog always comes over to mine?
Well, yes and no. The dog owner must ensure that no one is bothered or inconvenienced by their pet. So if you don’t want another person’s dog on your property, the neighbour has to take care of it. How he does this, however, is up to him.
What if my cat causes damage in my own home, such as wearing down walls?
Damage caused by small animals such as dogs and cats is usually covered by private liability insurance. Nevertheless, it’s still important to check this individually and clarify whether the animal is also insured. In some cantons, the relevant dog laws also stipulate that a certain amount of cover for damage caused by dogs must be included in the liability insurance.
What happens if I’m looking after a dog and it causes damages in the neighbour’s garden?
A distinction must be made between two scenarios. If the dog is only looked after exceptionally or very sporadically, you aren’t yet legally treated as the owner and aren’t liable as a result. However, if you look after the dog on a regular basis, you can be assumed to be the owner of the dog and can be held liable in such a case.
Has your pet already caused damage to your neighbour? Or did a neighbour’s bulldog bother you? Tell the Galaxus community and me about it in a comment.
Darina Schweizer
Senior Editor
Darina.Schweizer@digitecgalaxus.chI love anything with four legs or roots - especially my shelter cats Jasper and Joy and my collection of succulents. My favourite things to do are stalking around with police dogs and cat coiffeurs on reportages or letting sensitive stories flourish in garden brockis and Japanese gardens.
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