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My dog pulled down the dog walker...

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ridgeback

Junior Member
What is the name of your state? Illinois

My dog walker was walking my dog when my dog spotted another dog. My dog pulled on the leash (because she wanted to say "hi" to the other dog), and took the dog walker down. The dog walker suffered a broken collarbone requiring surgery. Plus, she has no insurance. I don’t think the dog walker was paying attention. Afterward, she repeatedly said, "I'm sorry. It wasn't the dog's fault."

My dog is very friendly and generally walks well, but when she sees a dog, she sometimes pulls from excitement. My husband and I have repeatedly warned the dog walker that she needs to be alert because our dog may pull.

We were matched with the dog walker through a fully bonded and insured dog walking service--insured only if our dog is injured, not if the dog walker is injured. The dog walker is an independent contractor for the service. After we first met the dog walker, we expressed our concern to the dog walking agency that the dog walker may not be a good match for our dog because our dog is big (80 pounds) and the dog walker was inexperienced (she had just started walking dogs that month). Nonetheless, the agency and the dog walker both thought it would be okay if my dog and the dog walker got along (which they do).

This seems like a freak accident, but could we be liable for the dog walker's injuries?
 


xylene

Senior Member
ridgeback said:
This seems like a freak accident, but could we be liable for the dog walker's injuries?
Is your dog a Rhodesian Ridgeback? Cool dog.

Ok, this is not a freak accident. A freak accident would be your doq walker getting electrocuted throught the leash touching a downed powerline... or soemthing like that.

I don't know the answer.

I mean your dog did pull down your contractor.

Then again, would you be liable if your car fell off a jack at the mechanics shop and the mechanic was injured?

Here are some questions to answer that should help others give you the best answer.

Who EXACTLY does the dog walker work for. (Who do you pay? The agency or the walker directly.)

What is this insurance with the dog walk agency?

You have a large dog. Is it covered by a liability policy?

What do the injured dog walker and or agency want?
 

weenor

Senior Member
In order for you to be liable, there has to be some sort of duty that you would owe to the dog walker. That would be difficult to prove. Please note that in most states, workers compensation benefits are payable to independent contractors under certain conditions. The agency should be covering her medical and any time off through workers' compensation, unless the agency can prove the comp Act is not applicable to her. Tell her to file a workers' compensation claim.
 

ridgeback

Junior Member
You're right...not a freak accident.

Question: Who EXACTLY does the dog walker work for. (Who do you pay? The agency or the walker directly.) Answer: We write our checks out to the dog walking agency. However, the agency considers her an "independent contractor" -- she makes her own hours, works on the evenings/weekends.

Question: What is this insurance with the dog walk agency? Answer: The dog agency is bonded and insured, which I think means it protects against injuries to your dog should your dog be injured while being walked.

Question: You have a large dog. Is it covered by a liability policy? Answer: If you mean by our homeowner's policy or general insurance that we carry, then no. With whom can we get liability insurance?

Question: What do the injured dog walker and or agency want? Answer: The agency hasn't asked for anything; I think they feel partly responsible. The dog walker hasn't asked for anything yet. But she is NOT insured and will have an astronomical medical bill since she had to undergo surgury and will likely need physical therarpy. So I'm thinking that she will look for sometone to sue.

That said, isn't there some sort of assumption of risk or contributory negligence on the dog walker's part, since a dog pulling and as a result, you are pulled to the ground, part of the risk of being a dog walker--i mean, all dogs pull at some point. Plus, the dog walker wasn't paying attention.
 

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