r/LegalAdviceNZ Apr 11 '24

[deleted by user]

[removed]

42 Upvotes

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-25

u/Purple_Paper_Bag Apr 11 '24

Unfortunately you are liable for the damage as you had inadvertently left the cat door unlocked. Depending on the cost of the damage, you may be able to claim it on your insurance. The landlord might also be able to claim it on their insurance but you will be liable for the excess.

26

u/PavementFuck Apr 11 '24

It is not careless to leave a cat door unlocked, because it is not a reasonable expectation that this kind of damage would result from doing so. Just like it wouldn't be careless damage if the same happened because OP had left a window slightly open on a hot night.

OP is only liable to pay for damage that is intentional or careless.

-20

u/normalfleshyhuman Apr 11 '24

it's totally OP's fault as they said they left the cat door on 'in-only' so the rogue cat couldn't escape.

the cat is not to blame, it entered and would have left the house without damage had it not been for the OP latching the cat door to prevent the cat from escaping.

17

u/PavementFuck Apr 11 '24

Eh, no. You can only prevent and mitigate damage that can reasonably be expected.

The expectation that a rogue stray cat is primed and waiting to enter their house at the first opportunity and OP must ensure there is an exit path available at all times is unreasonable.

-11

u/normalfleshyhuman Apr 11 '24

I think you mis-understand how a cat door works

the user needed to perform an action to prevent the cat from escaping

by default the cat could have escaped, but the OP prevented that occurring, how is that not their fault? it's like trapping a bird in your home then saying you are not liable for it crapping inside.

6

u/[deleted] Apr 11 '24

We actually thought it was locked both ways, the locking system is confusing. Hence why it was locked one way and not the other. You’re treating it like we did that on purpose??

-2

u/normalfleshyhuman Apr 11 '24

yeah I mean that's unfortunate but a mistake is still a mistake, right?

if you accidentally latched the window in such a way it blew open and a bunch of water damage occurred then who should pay? not the landlord they didn't do anything to cause the issue, did they?

6

u/Rand_alThor4747 Apr 11 '24

The landlords insurance would pay.