Negligent Dog Sitter???

[Lillseminole]

What is the name of your state (only U.S. law)? Maryland

I went on vacation and left my dog in the care of my neighbor. She and her husband let him outside without a leash. My dog ran into the street and got hit by a car. His lower jaw was severly fractured along with other jaw injuries. He has needed a total of three surgeries so far, and the medical bills are over $6000. I would like to hold them responsible for the medical bills that I have (and will incure). They are condo owners and do have condo insureance. Is this something that they could claim under personal liability? If not, is this something that I could take to court? Could they be found negligent (letting him out without a leash) and liable for my dogs injuries??? Is it possible (through any method) to recover the money ??What is the name of your state (only U.S. law)?

[ecmst12]

It is certainly POSSIBLE. Since the amount you would be seeking would probably go over the small claims court limit, you should consult a lawyer who can review your case individually. Also remember if there was damage to the car, you as the dog owner will be liable for that and you would probably have to sue them to recover this money as well.

[xylene]

Originally Posted by Lillseminole

She and her husband let him outside without a leash.

Prove this is negligent.

The fact the dog was injured does not make in negligence.

Why does your dog run?

Is your neighbor a licensed kennel?

Did they violate any ordinary standard of care.

I think your case is pretty weak.

[Lillseminole]

I thought the negligent part was letting him out unleashed. There is a leash law in MD, and the fact that they did not have control of him, providing a safe environment for him, would be the negligent part. I would expenct under our agreement to provide my dog care while I was away would include keeping him in a safe environment at all times.

[j991]

I don't see you getting awarded any amount of money. First, do you have a written or verbal agreement that if the dog was injured that they would be responsible? Are they licensed as a kennel? Second, "Your honor, this was a tragic accident. We had no intentions of letting the dog run wild and possibly get injured. We feel terrible, but it was an accident."

[wyett717]

Do you typically put your dog on a leash when you let it outside? If so, and you asked the caretakers to do the same, they could be held negligent for not following your instructions. If the dog is usually let out without a leash, then this could be easily viewed as an accident, and you are responsible for it.

[kjh17536]

Since they violated the leash law, does that not count for anything?

[ecmst12]

It also depends whether they intentionally let him out without a leash, or if the dog accidentally escaped because they opened the door a tad too wide or left it open a moment too long. I don't think they could be held liable for the latter, but maybe the former. Also what was discussed when they agreed to dog sit, whether they were told to always put the leash on etc. If no special instructions were discussed, that does weaken the case.

[Zigner]

Originally Posted by kjh17536

Since they violated the leash law, does that not count for anything?

Answer Wyett's questions.

[Lillseminole]

It was not discussed if he would be on a leash or not... I guess it was just assumed. I left them a leash to use. He was intentionally let out without a leash. The couple has two other dogs that they always let out without a leash, so they assumed that my dog with stick with the other two dogs if they let them all out together (all without leashes). THe couple was aware that when I take my dog out, I DO use a leash....

[Zigner]

Then it sounds like you may have a good case...


Now you just have to figure out how to PROVE it.

[ShyCat]

It was not discussed if he would be on a leash or not... I guess it was just assumed.

Well, you guessed wrong. You know what they say about assuming, don't you?

Since you were aware that they let their two dogs out without leashes and failed to discuss the issue with them, they simply assumed that it was okay to let your dog out with their dogs. To my way of thinking, their assumption was the more logical one.