Key Takeaway
Is a dog sitter responsible when their dog bites you in New York? Learn your rights and get expert legal help. Call 516-750-0595 for free consultation.
Updated January 2025 – More and more New Yorkers are relying on pet sitters and apps like Rover, Wag, Care, Fetch, PetSitters, and Trusted House Sitters. Unfortunately with the rise of dog sitters there has been a corresponding rise in dog bite cases coming into our office. Animals are often more skittish and aggressive with dog walkers rather than their owners. Dog sitters and dog walkers are often less attuned to the body language and predisposition of an animal thus leading to a rise in dog bites.
The Law Office of Jason Tenenbaum, P.C. has over 77 years of experience helping New York dog bite victims. If a bite occurred under the care of a dog sitter, it’s crucial to understand that the sitter may be held accountable due to any negligence leading to the bite.
Understanding New York’s Dog Bite Laws and Third-Party Liability
New York follows a “one bite rule” combined with strict liability provisions under Agriculture and Markets Law § 123. While dog owners are typically held responsible for their pet’s actions, the situation becomes more complex when a third party like a dog sitter is involved.
Under New York law, a dog sitter or walker may be held liable for a dog bite if they were negligent in their care of the animal. This differs from the owner’s potential strict liability and requires proving that the sitter failed to exercise reasonable care.
Key Legal Principles in Dog Sitter Cases
Several important legal concepts apply when determining a dog sitter’s liability:
- Duty of Care: Professional dog sitters and walkers owe a duty of reasonable care to prevent foreseeable harm
- Negligence Standard: The sitter must have breached their duty through action or inaction
- Foreseeability: The bite must have been a foreseeable consequence of the sitter’s conduct
- Proximate Cause: The sitter’s negligence must be directly linked to the incident
Common Scenarios Where Dog Sitters May Be Liable
Dog bite incidents involving sitters often occur in specific situations where negligence may be established:
Inadequate Control and Supervision
A dog sitter could be found liable if they failed to maintain proper control over the animal. This might include:
- Walking multiple dogs simultaneously without proper restraints
- Using inappropriate or damaged leashes or collars
- Allowing dogs off-leash in areas where leash laws apply
- Failing to separate aggressive or reactive dogs from others
Ignoring Warning Signs
Professional dog care providers generally should recognize signs of animal distress or aggression. Liability may exist if the sitter:
- Ignored clear warning signs of aggressive behavior
- Failed to remove the dog from stressful situations
- Continued interactions despite the dog showing discomfort
- Did not follow specific owner instructions about the dog’s temperament
Inadequate Background Knowledge
While not required to be animal behavior experts, dog sitters may be liable if they:
- Accepted responsibility for dogs with known aggressive histories without proper precautions
- Failed to ask relevant questions about the dog’s behavior and triggers
- Misrepresented their experience with handling difficult animals
Insurance Coverage and Dog Sitter Liability
The insurance landscape for dog bite incidents involving sitters can be complex. Several policies might potentially provide coverage:
Professional Liability Insurance
Many professional dog walking and sitting services carry commercial general liability insurance that may cover dog bite incidents. However, coverage can vary significantly between policies.
Platform Insurance
Apps like Rover provide some insurance coverage for incidents occurring during bookings, though this coverage often has significant limitations and exclusions that victims should understand.
Homeowner’s Insurance
The dog owner’s homeowner’s or renter’s insurance may still provide primary coverage even when the dog is in a sitter’s care, depending on the policy terms.
What This Means For You: Rights and Protections for Dog Bite Victims
If you’ve been bitten by a dog while it was under a sitter’s care, you have several important rights under New York law. Understanding these protections can help ensure you receive proper compensation for your injuries.
Multiple Potential Defendants
In dog sitter cases, you may have claims against both the dog owner and the sitter. This can actually work in your favor by providing multiple sources of potential compensation and insurance coverage.
Time Limits for Legal Action
New York’s statute of limitations for personal injury cases, including dog bites, is generally three years from the date of the incident. However, certain circumstances may affect this timeline, making prompt legal consultation important.
No-Fault Medical Coverage
Depending on the circumstances, your own auto insurance policy’s personal injury protection (PIP) coverage may help with immediate medical expenses, regardless of who was at fault for the bite.
Proving Negligence Against a Dog Sitter
Successfully establishing a negligence claim against a dog sitter requires proving several elements. Our experienced legal team helps gather the evidence needed to build a strong case.
Documentation and Evidence
Key evidence in dog sitter negligence cases often includes:
- Witness statements from people who observed the incident
- Communication records between the owner and sitter (texts, emails, app messages)
- Platform records showing the sitter’s experience and reviews
- Veterinary records showing the dog’s history and temperament
- Medical records documenting the extent of your injuries
- Photos of the scene, injuries, and relevant equipment (leashes, collars)
Expert Testimony
In complex cases, expert witnesses such as animal behaviorists or professional dog trainers may provide testimony about proper standards of care for dog sitters and whether those standards were met.
Compensation Available in Dog Sitter Negligence Cases
Victims of dog bites involving negligent sitters may be entitled to various forms of compensation:
Economic Damages
- Medical expenses: Emergency treatment, surgery, hospital stays, medications, and follow-up care
- Lost wages: Time off work for treatment and recovery
- Future medical costs: Ongoing treatment, physical therapy, or reconstructive surgery
- Reduced earning capacity: If injuries affect your ability to work
Non-Economic Damages
- Pain and suffering: Physical discomfort and emotional distress
- Scarring and disfigurement: Permanent changes to appearance
- Loss of enjoyment of life: Inability to participate in previously enjoyed activities
- Emotional trauma: Anxiety, depression, or PTSD following the incident
Steps to Take After a Dog Bite by a Dog in Sitter Care
If you’ve been bitten by a dog while it was under a sitter’s care, taking the right immediate steps can protect both your health and your legal rights:
Immediate Medical Attention
Seek medical care immediately, even for seemingly minor bites. Dog bites can cause serious infections and may require preventive treatment such as rabies prophylaxis.
Report the Incident
- Contact local animal control or police to file an official report
- Notify the relevant platform (Rover, Wag, etc.) if applicable
- Document everything with photos and written notes
Preserve Evidence
Collect contact information for all parties involved, including the dog owner, sitter, and any witnesses. Keep all medical records and document your injuries throughout the recovery process.
Frequently Asked Questions About Dog Sitter Liability
Can I sue both the dog owner and the sitter?
Yes, you may generally file claims against both parties if you have valid legal grounds. The dog owner may be liable under New York’s dog bite statutes, while the sitter may be liable under negligence principles. Having multiple defendants can increase your chances of full compensation.
What if the dog sitter was a friend or family member doing a favor?
Even unpaid sitters can be held liable for negligence. However, practical considerations like insurance coverage and ability to pay may affect whether pursuing a claim makes sense. Consult with an attorney to evaluate your specific situation.
Does it matter if the dog never bit anyone before?
For dog owner liability under New York law, prior bite history can be relevant. However, for sitter negligence claims, the focus is on whether the sitter acted reasonably under the circumstances, regardless of the dog’s history.
How long do I have to file a lawsuit?
Generally, you have three years from the date of the dog bite to file a personal injury lawsuit in New York. However, certain factors may affect this timeline, so it’s important to consult with an attorney promptly.
What if the sitter was using an app like Rover?
Platform-based sitters may have access to the platform’s insurance coverage, though these policies often have limitations. The platform itself generally isn’t liable for independent contractor sitters’ actions, but their insurance may still provide coverage for incidents.
Why Choose Experienced Legal Representation
Dog bite cases involving sitters present unique legal challenges that require experienced handling. Insurance companies may attempt to shift blame between the owner and sitter to minimize their payouts. Our legal team understands these tactics and works to ensure all responsible parties are held accountable.
With over 77 years of combined experience in New York personal injury law, we have successfully handled numerous dog bite cases involving various liability scenarios. We understand the medical, legal, and practical aspects of these cases and work to secure maximum compensation for our clients.
Contact an Experienced New York Dog Bite Attorney Today
If you or a loved one has been injured in a dog bite incident involving a dog sitter in New York, don’t wait to protect your rights. The experienced personal injury attorneys at the Law Office of Jason Tenenbaum are here to help you navigate this complex legal situation and fight for the compensation you deserve.
Call the Law Offices of Jason Tenenbaum at 516-750-0595 for a free consultation. We handle dog bite cases on a contingency fee basis, meaning you don’t pay attorney fees unless we win your case.
The content shared on this website is meant for general informational purposes and should not be taken as legal advice. While we strive to provide accurate and recent information, the details found here may not reflect the latest legal developments or be relevant to your specific situation or jurisdiction.
For a more expanded discussion on how to build a dog bite case, check out the video below:
