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Answered in 22 minutes by:
7/7/2012
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 52,712
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
VerifiedGood Evening
I am sorry to hear about what has happened and I can only imagine how upset you would be.
Unfortunately I cannot say that the owner of the dogs is liable. The dogs were in his yard at all times and it was the cat that entered the yard.
Had the dogs escaped and come into your yard and attacked the cat then I could categorically say he is liable for all the costs you have incurred.
Because the cat entered his yard, he does not owe the cat any duty of care.
The rules are not the same as they are for people. If a person had entered his yard and there was not sign warning that his dogs are dangerous he would be liable.
This doe snot mean that you cannot report the attack to Council as these dogs are dangerous and if they do get out they can hurt others.
Here is some information for you.
http://dlg.wa.gov.au/OpenFile.ashx?Mode=446E37686749376A356D684D2B6E6D6D4D6E555273773D3D&ContentID=38593949434874595878513D
The defence of provocation would apply in this case. Section 33D(1)(a) dog act 1976
I hope this is of assistance. If you have any further questions please do not hesitate to contact me.
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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 52,712
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
VerifiedLeon and 87 other Australia Law Specialists are ready to help you
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