- April 26, 2024
- Posted by: legaleseblogger
- Category: Related News
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### Family Cat Escaped and Was Injured
My family member’s beloved cat recently escaped from their house and unfortunately was hit by a car. Fortunately, a kind individual found her and brought her to a non-profit organization.
The non-profit decided to amputate her leg, spay her, and microchip her. Despite providing proof of ownership, the non-profit is now refusing to return the cat to my family member. This has caused a great deal of distress and confusion for my family member.
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****** just grabbed a
What is their location? Has the non-profit given a reason why they are refusing to return the cat?
Is it possible that they thought the cat wasn’t properly taken care of because it wasn’t micro chipped or spayed, and they got hit by a car? Regardless, cats are property and you said you had proof of ownership. Contact local police non emergency and see if they can force their hand.
What proof of ownership was provided?
Is the owner willing to pay for the surgery?
If so, the owners can sue for return of the cat.
The circumstances aren’t exactly the same, but this happened in another city in Pennsylvania. The rescue prevailed based on Pennsylvania law around how long they had the cat. I believe that after 5 days, they legally owned him.
https://www.reddit.com/r/Erie/comments/1989k8h/shady_behavior_from_orphan_angels/
How long did it take your family member to contact the clinic and claim ownership? Depending on the city/county/state there are different time-frames for considering an animal as abandoned.
Also is your family member going to pay the full cost of surgery to save the cat and for all the necessary medical care during it’s recovery? The cost of that will be many thousands of dollars.
The rescue isn’t looking for proof of ownership.
They’re looking for proof that the family is qualified to “adopt” the cat. It sounds like the family is failing to show that they can properly care for the cat.
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Okay so: cats are considered property, in Pennsylvania the cause of action you have is called replevin, and this sounds like it may concern a legal concept called “unjust enrichment” but that’s just a guess. The elements of that are:
(1) benefits conferred on defendant by plaintiff; (2) appreciation of such benefits by defendant; and (3) acceptance and retention of such benefits under such circumstances that it would be inequitable for defendant to retain the benefit without payment of value. The application of the doctrine depends on the particular factual circumstances of the case at issue. In determining if the doctrine applies, our focus is not on the intention of the parties, but rather on whether the defendant has been unjustly enriched.
Haven’t experienced this much in practice, but that’s one way they may be entitled to repayment for the veterinary costs in exchange for the cat.
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Was the cat brought to a not for profit or a Veterinary office?
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