Hello,

I wonder if anyone might be able to help with an unusual situation we have found ourselves in.  I have read elsewhere about circumstances where dogs have regrettably attacked cats and the consequences/liability issues, but we are in a strange position with a dog sitter.

Our two Jack Russell terriers were housed over the weekend with a dog sitter, who had two dogs and a cat of her own.  Whilst she was out with her dogs, our two were let into the garden by her teenage daughter, where sadly they attacked and mortally injured the cat.  We had told the lady that our two should not be left with her cat.  Our two dogs were subsequently rehoused with another sitter in the group for the remainder of the weekend and were fine. 

However, upon our return, the original sitter is of the view that we are liable for the vet's costs for her cat, is this right?

We feel that having paid for the care of our dogs, she should be responsible for any associated costs as she had owner responsibility for the duration and should be covered appropriately?

I know it is an awfully complex area, but we would be very grateful for any insights or advice.

Thank you.

As it wasn't in any way your fault, I'd doubt you'd be liable. The easiest way to get definite advice would be to call Trevor Cooper's advice line. It will cost you a few quid for the call but he really is the top solicitor when it comes to dogs. http://www.doglaw.co.uk/

I believe it is the person who has the dogs in their care at the time of any incident that may occur who is legally responsible for them at that time but as Goldmali says it would be best to check that out.

I would have also thought that the sitter would have insurance to cover any problems that might occur - but not sure it would cover injury to her own pets so again that would need to be checked.

I cant see any possible way that you are liable. Incidents that happen while the dogs are in the care of a dog sitter are the liability of that dog sitter and is why they should have their own insurance.

Generally such a thing would be laughed out of court Tandj, as all responsibility falls to the foster carer, or business HQ, as it does with boarding kennels, hence the need for insurance as already said.

I dare say that the head of the organisation carries the insurance for the business, but has refused or does not have cover for the woman's' cat. Well.........that is the cat owners oversight.........not yours. Why does someone dog sitting, not have general pet insurance anyway, seems strange when running a business not to have insurance on her own pets?  But, not your problem.

However, a word of caution, check the contract you signed, if there is small print in there where this dog service declines all responsibility in their employees home with their own animals and states you would be responsible for any vet bills occurring against the sitters animals you are in trouble here.

Check the contract you signed very carefully.......... otherwise the woman can sue herself for her own negligence.

Difficult, but literally surely if the dogs are in the care of the sitter, then anything that happens while in the care of the sitter would be their responsibility - I'd make sure the sitter had INSURANCE to cover such incidents.   Check the contract you made with this sitter - noting the 'small print'!

I suppose you might offer to fund a new kitten, but I doubt any Court would say anything other than it's the sitter's liability.

If a dog bites a person in the park whilst in the care of a dog sitter or dog walker then it is the dog walker/sitters responsibility in law and that is why professional sitters & walker have insurance.

If the cat had maimed one of the dogs she too would be liable since both cat and dogs were in her care. No-one afterall pays for their dog to be looked after only to find they are injured by the carers other animals.  That is also why sitters/walkers need insurance. Though many pet insurers simply wont offer third party liability on cats insurance anyway so if the cat had injured your dogs she would be unlikely to be covered under her cat insurance - only under a pet sitter insurance policy and even then its unlikely to be covered.

It cannot be any different just because the incident occurred in her own home with her own cat especially as she had been warned not to allow the dogs to be in contact with a cat and was negligent in her responsibilities in ensuring this did not happen.  (ie. by not staying with the dogs she was paid to care for or leaving them only in the care of another informed and responsible adult).

Lastly, who witnessed the dog/cat fight that is not an interested party? Since the owner of the dogs wasn't there and the owner of the cat is biased.  There is no proof that the dog ever had a fight with the cat at all  (and if that were proven it would have to be shown exactly which dog caused the injury or that they BOTH jointly caused injury). As far as you know the injured the cat it could quite easily have gone out that night, got into a fight with another animal and the owner made the whole thing up to try to get you to pay out for it. No-one is liable unless there is proof of which animal did what to whom, why and when.

Unless you want to pay out as an act of unnecessary kindness & charity - refuse the money for the vet bills or anything. Do not accept liability as you cannot know for certain that your dogs did anything wrong at all - you do NOT know that they did - you didn't see it - you have no independent witness and nothing but hearsay from an interested party that the fracas ever occurred in the way you were informed. (Pet insurance companies specifically inform pet owners not to accept any liability unless they were a witness). If she pursues it she will get nowhere - in fact if your dogs suffered any injury, behavioural changes, further fear of cats or stress from the incident quite frankly she would be liable no matter what injury the cat suffered.  The only time this is not the case is if it is written into a contract that all injuries to animals and humans are the dog owners responsibility - and even then the contract should specify that includes animals owned by the sitter. It is unlikely that such clauses are in 99% of contracts and no-one should sign one that says anything like that.  If you have no contract as I know is the case with a lot of sitters - she has not a leg to stand on.

Facebook Reply Received:

"Karen Donoghue says: She should have business insurance. It will be like any insurance if she claims premium will go up. I would be raising issue with her that she didn't follow instruction re your dog and left them with her daughter who in fact may not be insured as a sitter."

Who is Karen Donohue?

> Who is Karen Donohue?

I was wondering the same - I think she is from a pet stting & dog walking company & behaviourist company or from Canine Partners - there are two Karen Donoghues that I have heard of with dogs - probably more likely canine partners https://www.facebook.com/caninepartners?fref=photo

Champdogs Facebook Page

What I meant was, is that private opinion (which I of course agree with) or is she a legal expert?

No idea. The lady just replied to a request for help.

I am pretty sure that legally you are not responsible but I would be mortified if i was in that situation and I would give the owner of the cat a generous donation towards her costs along with a kind letter gently making it clear that I was accepting no responsibility.