Are Pet Sitters Liable for Dog Bites?

Pet sitters play a crucial role in caring for dogs when their owners are away. However, accidents can happen, and one of the biggest concerns is whether a pet sitter can be held liable if the dog they are watching bites someone. Liability for dog bites depends on several factors, including state laws, the circumstances of the bite, and the level of control the pet sitter had over the dog. In California, strict liability laws make it important for pet sitters to understand their legal risks.

California’s Strict Liability Dog Bite Law

California follows a strict liability rule under California Civil Code Section 3342, which means that a dog owner is responsible for any injuries caused by their dog biting someone, regardless of whether the dog had shown prior aggression. The law applies when the bite occurs in public or when the victim is lawfully on private property.

However, this law primarily applies to dog owners, not necessarily pet sitters. If a dog under a sitter’s care bites someone, determining liability depends on factors such as the pet sitter’s role, control over the dog, and whether negligence was involved.

When Can a Pet Sitter Be Liable for a Dog Bite?

Though California law holds dog owners responsible for bites, pet sitters can sometimes be held liable under specific circumstances:

1. If the Pet Sitter Was Negligent

A pet sitter may be found liable if they acted negligently in handling the dog. For example, if a sitter fails to leash the dog in a public area where leash laws apply and the dog bites someone, the sitter may be considered responsible for the injury.

2. If the Pet Sitter Assumed Control Over the Dog

If a pet sitter takes full control of a dog and presents themselves as the person in charge, they may be held liable under the “keeper” or “harborer” doctrine. Courts might determine that they share responsibility with the dog owner, particularly if they failed to take reasonable steps to prevent the bite.

3. If the Pet Sitter Knew the Dog Was Dangerous

California law imposes stricter liability if a person knowingly cares for a dangerous or aggressive dog. If a pet sitter was aware that the dog had a history of biting or aggression and did not take precautions, they could face liability for injuries.

When Is a Pet Sitter Not Liable?

Pet sitters may not be held liable for a dog bite in the following situations:

• The owner is primarily responsible – Since California’s strict liability law holds the owner accountable, sitters often escape direct liability.
• The sitter followed all safety precautions – If the sitter properly leashed, controlled, and handled the dog but the bite still occurred, proving their negligence becomes difficult.
• The bite was provoked by the victim – If the injured person provoked the dog, liability may not fall on the sitter.

How Pet Sitters Can Protect Themselves

To avoid liability risks, pet sitters should take proactive measures, including:

• Asking about the dog’s behavior and history of aggression before agreeing to sit.
• Using proper leashes and harnesses in public spaces.
• Following all local leash and pet control laws.
• Obtaining pet sitter liability insurance to cover dog-related incidents.
• Ensuring clear agreements with pet owners about responsibilities.

Conclusion

Pet sitters in California are generally not automatically liable for dog bites, as strict liability primarily falls on the owner. However, sitters can be held responsible if they are negligent, assume control over the dog, or knowingly care for a dangerous dog without taking precautions. Understanding the law and taking preventive steps can help pet sitters reduce their legal risks.