Whos at fault here

[warbux]

My neighbors were having a huge argument outside, I step outside trying to mediate it. There both decent folks and I don't wanna see anything happen to any of them.

Heres what happened

Neighbor A has a rat problem so he put rat poison (the pellets) around his home. Neighbor B has a outside cat and that cat ate the pellets. The cat died and the only reason neighbor B found out was cause the vet told him. So neighbor B is blaming neighbor A for doing it on purpose and is threatening to have him arrested. There both back in their homes right now and havn't heard any cops so far. It's pretty exciting. These two really don't like each other. It all started a couple years back when neighbor B put a dead cat inside neighbor A's garbage can without telling him. Neighbor A got in trouble because it was on top and the garbage man saw it and complained.

So who's at fault here guys?

[Kermit]

I blame who ever has the filthy property that is attracting the rats.

Also, whoever has an "outside" cat has to be willing to accept the risks involved with having a pet that is subject to the elements. This is no different than if someone has a German Sheppard tied up or fenced in their yard and it mauls the neighbor's cat to death because it strayed strays the dog's yard.

If you don't want your pet to get hurt, keep it in your house or in your own yard.

[Bostongambler]

Guy that put the poison down is at fault.

[Bostongambler]

Rats are people to u know.

[cashin81]

Theres a simple answer to this.
But it all depends on the colour of the cat.

[innovation]

gee wizzz, it's not like he put a M-80 firecracker up the cats azz.

cat lovers are weird people, I'm siding with neighbor "A"

[Ralphie Halves]

I automatically go against anyone who says they have an "outdoor" dog or cat.

Did you ask the pet if they wanted to be an "outdoor" dog or cat? What did they say?

All that means is that the neighborhood has random animals running around it because the owners are lazy.

That's like Neighbor B getting mad at Neighbor A because his daughter tripped over Neighbor A's front yard sprinkler and hurt herself.

You're allowed to put whatever you want on your property as long as it's within the local codes.

[The Kraken]

Neighbor A is right until proven otherwise. Rat poison is legal to use as intended.

So if neighbor B is alleging neighbor A intentionally killed his cat with the rat poison, the burden of proof is with him, B. If he cannot prove it beyond reasonable doubt, Neighbor A is vindicated. Neighbor B is upset he lost a loved pet and is looking to blame someone because he is angry. Part of the grief cycle.

[zert]

The cat is at fault. The lazy azz cat should of been eating on some rats. That is what the suppose to do.

[Auto Donk]

jeeze, Kraken cracks off, blurring the lines between civil and criminal liability here, blending the standard of proof to where it's impossible to tell what the fck he's talking about, and in which forum, civil liability, or criminal.........

civil: burden of proof is preponderance of the evidence, not beyond any and all reasonable doubt, (which is the standard for a criminal conviction). A "preponderance of the evidence" standard requires merely tipping the scale, ie, 51 percent, for example, or that the proof "makes the occurrence of a fact of consequence more likely than not." This is a much easier standard than the criminal conviction standard of beyond any reasonable doubt. In the civil matter, if he sues for the dead cat, he has to prove either the KatKiller negligently put out the rat poison or intentionally put it out to kill the cat. As for negligence, the standard is did katkiller put out rat poison in such a manner that he violated the "standard of care" that an ordinary rat killing person uses to kill rats....... examples, did he put the rat poison out in Cat Lover's back yard, or otherwise on the property of the Cat Lover? if so, a jury could easily find that he violated the standard of care when it comes to killing rats, as no reasonable person is going to launch rat poison into their neighbor's lawn/house, etc. to kill rats....

A grey area comes into play if he placed the rat poison on his property, but in the exact area where he knows the f'n cat crosses into his yard, ie, more or less "baited" the cat... Also, did he mush the poison into some gormet little friskies, such that the hungry cat chowed down the poison thinking he wasn't just going to have fun pissing on the rat killer's bushes, but also was getting one helluva dinner as well? In sum, if RatKiller intentionally baited or put the shit out in a negligent manner, he can be held liable in civil court for the price/value of the fck'n cat (about six cents to the normal world, about $100-$1,000 in Cat Lover World.)

another important point: RatHater/KatKiller needs to ensure his lawyer voir dires the fck outta the jury to ensure no cat lovers sneak in and get on the panel...... those sorry fckin' cat lovers will lie during voir dire to try and get on the jury to dole out some "cat justice." A good lawyer will know how to ferret them out....... i'd suggest showing the panel a surpirse photo of the dead cat all rigorred up...... any prosepective jurors that gasp or tear up, strike their asses immediately......... any that chuckle or smile at the photo, THEY'RE GOOD TO GO.........

bottom line, so long as the fck didn't bait the cat or put the shit out in his neighbor's lawn, patio, house, attic, etc., and it was placed in a reasonable place on his own property, he should get off and not have any civil liability..... the f'n catlover shoulda kept his cat in his own fuckin' yard (as catkiller's attorney, I'd raise the affirmative defenses of "assumption of risk" and "contributory negligence," to either bar or reduce the amount of monetary recovery for the damn dead cat.... for eg., if the jury found KatKiller liable for baiting the cat, and that the cat was worth six cents, but also found catlover 50 percent responsible for his death/damages by virtue of letting his furry ass roam wild, the judge would reduce the six cent verdict by fifty percent, and award catlover three cents in damages.)

criminal: as for the criminal end of things, the standard, as mentioned above, if beyond any reasonable doubt..... ie, the State will have to prove beyond any and all reasonable doubt that kat killer violated some applicable law (animal cruelty law, statute against killing other people's animals, for eg.). However, despite the higher burden of proof required for a conviction, the same fact scenarios are relevant; prove the guy put the poison in any way that indicated he was trying to kill the cat, he probably gets convicted. if the stupid cat just happened to wander over and got into the shit in the kat killer's garage, then no conviction........ all depends on where he put the poison and what he intended to do to the cat, if anything...

also, should note that depending on your jurisdiction, he might face criminal liability on the basis akin to "criminally negligent" homicide...... ie, kat killer's conduct (for eg., putting the rat poison coated in canned tuna right where he knows cat l0ver's dumb pussy crosses into his yard) could be found to be not only intentional, but "negligent" as well, and might support a conviction on that ground as well... in criminal court, it's often hard to prove intent beyond any reasonable doubt, as its subjective. negligence in the criminal context, looks not at the subjective intent, but rather applies the "reasonable man standard" -- an objective standard -- and if kat killer's conduct is proven to fall beneath that of what a reasonably prudent rat killer would do to kill rats, and was thus neglifence, and that negligence caused the death of Dumb Pussy, then he could be convicted on that ground as well....

as with the civil case, the key to getting him off is selecting a jury that hates cats...... and just so you bozos know, picking juries in most jurisdictions does not involve "picking" anything..... it involves striking jurors you dont like and striking some for cause, and being left with the dopes that weren't stricken....... so, if you're counsel for katkiller, strike the cat lovers; if you represent the cat lover, strike "dog people" and anyone who laffs out loud when opposing counsel shows the jury panel various slides of mutilated cats in voir dire..........

edit: ps.... a sound argument can be made to strike for cause (as opposed to having to use your discretionary, or peremptory, strikes) any prospective juror that (1) has a cat named "snookums", "Mr. Whiskers", "Tinkerbell", "Mittens", or especially "Mr. Meowgi"; (2) any juror who owns more than two cats; or (3) any fckin' retard juror who has ever posted a video of his/her cat on any social media site or youtube.......

[The Kraken]

Ya, I don't know shit about law. Just thought it sounded good

thx for the correction

[gauchojake]

Donker is billing SBR by the hour for these posts.

[Auto Donk]

Donker is billing SBR by the hour for these posts.

Actually, i handled this matter "pro bono" for the normal people on the site, and for the cat lovers on the site, "pro boner"

[Boner_18]

That some sorta cut on me cause I love cats? WTF BRO!?

[Auto Donk]

hey........ just keep your f'n cats on a leash........

and don't even get me started on the "every dog gets one bite rule" -- and note that it has a few exceptions, as well, such as owning a pit bull...... said beast might not even be entitled to "one bite" before you're liable for him mauling a neighbor...... but safe to say, if you own a chihauhua that suddenly decides to go "bobby waves" on someone's nutsack, and rips it off with his teeth -- and you had no idea that said pup was inclined to rip off nut sacks, you'll get away scott-free and not have to pay the now-nutless-wonder a dime!!!!!

but be careful with the one-bite rule defense, for sometimes defendants get tripped-up in cross-examination.... where the defendant testifies "yep, i had no idea Sparky the Chihuahua was gonna rip Mr. Nonut's nutsack off," only to presented with a home video the defendant posted of young Sparky, as a mere pup, on youtube showing Sparky first nuzzling up to his owner's nutsack, but then without warning taking a snip at it........ such home video footage might undermine your case, by showing you had knowledge of your pup's nut-snacking proclivities, so as to put you on legal notice that he might go "bobby waves" on some poor unsuspecting member of society's family jewels at some point later in life........

[warbux]

Good post fellas seems to have died down. It's been quiet think they are both plotting something. Next time they get into it I feel it might be a gun battle.

[Big Bear]

My neighbors were having a huge argument outside, I step outside trying to mediate it. There both decent folks and I don't wanna see anything happen to any of them.

Heres what happened

Neighbor A has a rat problem so he put rat poison (the pellets) around his home. Neighbor B has a outside cat and that cat ate the pellets. The cat died and the only reason neighbor B found out was cause the vet told him. So neighbor B is blaming neighbor A for doing it on purpose and is threatening to have him arrested. There both back in their homes right now and havn't heard any cops so far. It's pretty exciting. These two really don't like each other. It all started a couple years back when neighbor B put a dead cat inside neighbor A's garbage can without telling him. Neighbor A got in trouble because it was on top and the garbage man saw it and complained.

So who's at fault here guys?

Wow they both sound like major assholes.

i'd be fukkin pissed if somebody put any type of dead animal in my trash can.

[Auto Donk]

Good post fellas seems to have died down. It's been quiet think they are both plotting something. Next time they get into it I feel it might be a gun battle.

if things get really outta hand, and you have to shoot one of them, drag the corpse into your house, place a knife or baseball into the hands of the deceased, call 911, and claim self defense........

be sure to wipe down any prints you leave on the knife or bat......

[sweep]

if that cat came on my property rat poison would be the least of its worries

[The Kraken]

if that cat came on my property rat poison would be the least of its worries

Disgusting

[BriGuy]

If he put the rat poison on his own property, then he did nothing wrong - assuming, of course, he was putting out rat poison "in good faith" and not, like, putting a line of rat poison right on the property boundary with the guy with the cat or hoping the cat would get killed.

If the guy's cat went onto someone else's property, that guy is at fault.

[The Kraken]

I'm gonna put a landmine in my front yard

[MoneyLineDawg]

Sounds like they're both going to hell

Next

[recon1]

My neighbors were having a huge argument outside, I step outside trying to mediate it. There both decent folks and I don't wanna see anything happen to any of them.

Heres what happened

Neighbor A has a rat problem so he put rat poison (the pellets) around his home. Neighbor B has a outside cat and that cat ate the pellets. The cat died and the only reason neighbor B found out was cause the vet told him. So neighbor B is blaming neighbor A for doing it on purpose and is threatening to have him arrested. There both back in their homes right now and havn't heard any cops so far. It's pretty exciting. These two really don't like each other. It all started a couple years back when neighbor B put a dead cat inside neighbor A's garbage can without telling him. Neighbor A got in trouble because it was on top and the garbage man saw it and complained.

So who's at fault here guys?

If someone called cops the cops most likely would not arrest anybody. Cops would just make a report assign a case # and refer the two to civil court.

[recon1]

If someone called cops the cops most likely would not arrest anybody. Cops would just make a report assign a case # and refer the two to civil court.

I'd let them call the police hopefully on Non-emergency line if things aren't too out of hand.

Just realized this post is 3 days old

[smitch124]

they need to stop making the rat poison so yummy.

[gauchojake]

I'm gonna put a landmine in my front yard

hippies beware

[The Kraken]

hippies beware

Gaucho not one conservative up here

I'm the Rush Limbaugh of the NW

[chipper]

Both equally at fault: "A" should have found a better way to get rid of the rats and "B" should keep his cat indoors & not let him roam the neighborhood. Just my 2-cents...

[Auto Donk]

I generally tase anything that comes on my property..... rats, dogs, cats, little kids, old ladies, niqqas, roaches, frogs, deer, filthy mescins, mormons, seventh-day adventists, wild boar, meter readers, horses, the gays, cattle, the jews, etc.,... or throw beer bottles at them

around the 4th of july and new years, i throw lit m-80s at all of the foregoing, and bluejays/cardinals..... or shoot exploding roman candles at them.....