It will help if I explain how claims in negligence arise.
There needs to be
1. a duty of care
2. the duty of care needs to be breached
3. as a result of the breach there needs to be loss or injury
4. the loss or injury must be as a result of the breach
5. the loss or injury resulting from the breach must be reasonably foreseeable.
In order for there to be a claim in negligence, all 5 heads have to be satisfied.
Although a party may be able to opt out of negligence claims in respect of damage to property by having a contract or disclaimer, it is not possible to opt out of personal injury or death as a result of negligence.
The relevant statute is the Unfair Contract Terms Act 1977 (UCTA).
However even a disclaimer in respect of negligence claims with regard to damage to property will only be applicable if it passes the UCTA test of “reasonableness”. You would need to Google the Act to get all the details of that but basically a person can’t exclude liability for claims in negligence in respect of damage to property to basically do what they like, and drive a coach and horses through all their obligations.
An animal (or human) would not normally have anything to eat or drink for at least 12 hours before any kind of procedure involving a general anaesthetic. This is to avoid the complication of choking on vomit. If someone has eaten or drink anything within a 12 hour period, it’s possible for the surgeons to deal with it if it’s under a general anaesthetic because of for example someone’s had a car accident, the medical practitioner has no control over whether they’ve eaten or drunk anything recently. However it gives them something else to deal with which is why there is the nil by mouth thing.
I am not a vet but it seems unlikely that having no food or water for 24 hours is going to make any difference to the animals welfare.
I spoke about this to the daughter of a friend of mine who happens to be a vet and that is what she said.
Moving back to the criteria for negligence, for there to be a claim, the incident needs to be reasonably foreseeable and this is not reasonably foreseeable. You need to remember that any kind of general anaesthetic always carries a risk.
I am an animal lover myself and I know your pain so please don’t think for one minute that I’m dismissing this but I think it’s going to be a very difficult claim to bring even if there is a claim. Evidentially it’s going to be a bit of a nightmare.
Even then, the conclusion may be that it would have happened anyway.
You say he was a big cat but I don’t know whether you mean big as in the size of a lion (exaggerating to prove the point) or whether he was overweight. That can be a contributing factor.
I’m sorry, I know it’s not the answer you wanted.
I am glad to help.
Hopefully, I have answered your query in a way that is simple and easy to understand.
I would be more than happy to clarify anything else for you. In the meantime, thank you once again for using our services.
I am happy to answer any specific points arising from this.
Please be aware that my answer is based strictly upon the information you have given me.
If you still need any points clarifying, I will be happy to reply because the thread does not close. In fact, it remains open indefinitely.
I am always happy to answer any further questions you have on any new thread in which case, please start your question with, “ For FES only”.
That only applies to new threads, not this one. You have me exclusively on this one.