BIL's dog injured while dogsitting

I live in Colorado.

My brother-in-law was doing a move and asked us if we could dogsit for his Pug. We said sure. We've dogsat for the dog before, no problems. We have two cats, and they are mostly scared of the dog and run downstairs anyway. No demands.

We dogsat for 9 hours, then he picked him up. The next day, he comes over with the dog again (for no good reason) and asks if we want to see his apartment and then says he'll leave the dog at our place. My wife asked if they'd be OK witht he cats alone...he said should be fine.

The next night he gets home from work and finds that the dog's eye is swollen shut. Long story short, he takes him tot he vet and they have to do surgery to fix it. My cat had scratched him (self-defense obviously). The surgery will cost $2,200. UGH!

Question: Who is liable? We'll help my BIL out, but am I liable? Should I be forced into paying half? Was the fact that my cat could only have been defending himself the point of this issue? We received no fundage for the dogsitting, and no demands were made about the cats by my BIL. Should we have just declined to do it? Should we have imprisoned our own cats in a room? Should he have just kept his own dog in a bathroom while he moved himself??

[stephenk]

when he picked up the dog from your place was the dog's eye watering or showing any sign of injury?

My wife mentioned it to him when he came over on Sunday with the dog. After that, he left it at our place with the cats while we went to his place, we were gone for about an hour and a half.

He had picked up the dog from our backyard the day before (sometime after 4:30 PM). We had a Halloween party to go to and we called at 4 but he wasn't going to be able to make it to our place by then.

When he came on Sunday, my wife mentioned the dog's eye had been squinting, but it had seemed OK on Sunday morning. We're not sure when the actual injury happened...I still suspect it was Sunday because when we got back home the cats were suspiciously quiet and sititng in the middle of the living room (even the cat that always runs and hides from everything) and we didn't hear the dog, until he came walking up quietly a few moments later.

By the way, I am sure it was my cat Cimbi that did it. The dog has frequently barked/chased the cat.

[stephenk]

Is BIL your wife's brother? If yes, what does she want to do since it is her relative? How much will it cost to keep peace in the family?

I hope the issue here is more about "what's-Christmas-dinner-going-to-be-like" than who is legally liable for the costs of the dog's surgery. However:

1) Dogs are well known to behave appropriately (i.e. not chase or antagonize cats) while there is a human present and then do precisely what they want to do when left to their own devices. (i.e. chase and antagonize cats)

2) Due to the nature of cats, it is highly unlikely that their previous behavior - hiding and ignoring - was a ruse to lull you into leaving them alone with the dog so they could turn full circle and attack it. But their hiding and ignoring should have led not to the assumption that they wished an empty house because they were secretly craving up-close, personal and private time with the dog - but the knowledge that if forced into a closer relationship with the dog - by the dog - they would opt not for discussion, but retaliation. Traditionally, cats have been hindered in their pursuit of martial arts - due primarily to the scarcity of little cat-sized gi's - and the fact that they cannot tell what color obis any of them are wearing. It is for this reason claws evolved, although there are other schools of thought. Over millions of years, the more observant gi-less cats realized that blind dogs chasing them were much more likely to take a header down the cave's basement stairs than sighted ones were - which eventually resulted in the development of their instinctive aim for dogs' eyes. (Although there are other schools of thought for that one also.)

3) By expressing concern about leaving the cats and the dog together unchaperoned, your wife acknowledged that she, at least, suspected that there might be a rumble in the air - even if she didn't actually hear the finger snapping and the cats singing "When you're a Jet you're a Jet all the way. From your first cigarette to your last dying daaaay!" Yes, the BIL rejected that risk: but ultimately, the control of disparate factions confined within your home is your responsibility.

4) Should you have separated them before you left? Yes. If push should ever come to court, the cats could be considered an "attractive nuisance" to the dog - as a swimming pool or a trampoline would be to a child.

Please forgive me for poking a little fun. There isn't much of it in law - and $2200 is nothing to sneeze at. I certainly hope the BIL isn't someone who would sue a family member who did him a favor, but it wouldn't be the first time. Please check with the carrier of your homeowner's insurance. I think there's a chance you might be covered - and it shouldn't raise your premiums significantly. And if the BIL is willing to pay the deductible, all will be peaceful at turkey-time

Best of luck,
RIS