A sudden increase in legal consultations regarding cats! Cat welfare: legal issues

My beloved cat injured a friend's child who came to visit my house. Am I obligated to pay for the medical expenses?

The owner cannot escape responsibility. Article 718 of the Civil Code stipulates that "Any person in possession of an animal is liable to compensate for any damage caused by that animal to another person," so in principle, the owner is liable for compensation.

If the victim is also at fault, contributory negligence may be recognized, but even if the child was the one who started messing with the cat in this case, this is an event that is expected to occur to some extent under the law, and owners are responsible for keeping an eye on their pets, so they may have to pay medical expenses and compensation.

If I divorce my partner, what happens to custody of my cat? Can I claim child support from my partner when I take the cat back?

There is no concept of custody when adopting a pet, and no child support is required. If you start raising a cat after marriage, the cat will be considered "communal property" and subject to property division.

After the divorce, one party will have to take custody of the cat, but if neither party agrees to give up the right to live with the cat, the court may decide who will take custody based on the cat's past care and future living conditions. It's also a good idea for couples to negotiate in advance about concerns such as financial assistance for care costs and visitation, and to include these details in the divorce agreement.

My pet cat was involved in a traffic accident and was seriously injured. Can I claim medical expenses and compensation from the driver of the car?

Generally, owners are also held responsible for their care, making it difficult to seek compensation. Traffic accidents involving pet cats are treated as property damage accidents, not personal injury. The perpetrator is not held criminally liable, and unless it can be proven that the act was committed intentionally, charges of property damage or cruelty will not be applied. Cats behave unpredictably. To avoid accidents, try to create an environment indoors that prevents them from escaping as much as possible.

However, in recent years, there has been an increase in cases where compensation for mental anguish is awarded to pet owners in cases of pet death.

A friend took a photo of my cat without my permission and uploaded it to social media. Can I claim the cat's portrait rights?

The right to one's image is the right not to have one's photograph taken or published without one's permission, but cats are not granted either the right to one's image, which is the right to protect their personal interests, or the right to privacy.

However, even if there is no legal problem, there are issues of morality and etiquette. Furthermore, if the photos you take without permission contain personal information that could reveal the owner's home, it could be a violation of someone's privacy rights. When taking photos, it is best to ask permission from the pet owner in advance.

My family recently found a cat and have been looking after it for a while, but is it okay to keep it?

If you find a cat, your first priority should be to find its owner. If you continue to keep a cat without permission despite knowing about its owner's existence, you may be charged with theft or misappropriation of abandoned property under the Criminal Code. To avoid any trouble, you should first report the cat as lost property to the police.

If the owner does not show up within three months, you can apply to adopt the cat and, in accordance with the Lost Property Act, you can take the cat. Currently, due to a change in the law, it is also possible to report dogs and cats to an animal protection center.

I have a cat, and I'm concerned about evacuating in the event of a disaster. Can I take my cat to an evacuation shelter?

Currently, the general rule is to evacuate with your cat. In its "Disaster Preparedness Guidelines for People and Pets," the Ministry of the Environment presumes that owners are responsible for evacuating with their pets in the event of a disaster, and it also emphasizes the importance of each local government having a pet rescue and support system for owners. When an evacuation order is issued, put your cat in a carrier bag and evacuate together.

However, even if you evacuate together, it does not necessarily mean that you will be staying in the same room. Responses vary based on the local disaster prevention plan of each local government, so it is important to check in advance.

I'm renting an apartment that allows pets, but my neighbor is sensitive to cats. Will this lead to trouble and I'll be forced to move out?

If there are clear violations regarding the number of animals kept or the care methods, and no improvements are made, there is a possibility that the resident may be forced to move out. Even if they are not forced to move out, they may be asked to pay damages to the owner. Even if pets are allowed, there is a possibility that some residents may not like animals, so sufficient consideration is required.

Please be careful, as brushing in shared spaces such as balconies can often result in flying fur, smelly excrement, and noise from barking, which can often lead to trouble between residents.

My beloved cat has become seriously ill and emaciated. The veterinarian has told me about euthanasia, but isn't euthanasia prohibited in Japan?

The Animal Welfare and Management Law has as its basic principle that "no one shall kill, injure or cause suffering to animals without reason." However, it also states that "if an animal must be killed, it must be done in a way that causes as little pain as possible to the animal," and the law is premised on the possibility of killing animals.

In other words, it can be interpreted that euthanasia to relieve animals of pain is legally permitted, as long as you consult with a veterinarian and are fully satisfied with the decision.