Taking care of a dog is a full time job on its own, but many of us would do it gladly for the joy and love our canine companions provide on a daily basis. But most of us have jobs, children, and other responsibilities that requirement our time and attention. That’s why many pet owners rely on services like Fetch! Pet Care, which offers dog walking, pet sitting, pet taxis, and other valuable services.
What happens, though, if a dog or another pet that’s being cared for by others bites someone or causes some other kind of injury? Who is responsible for the victim’s monetary losses – the owner, the dog walker / pet sitter, or the company that they work for? Do all these parties share liability to some degree?
These are important questions that will determine your right to sue as the victim of an animal attack. However, there are specific laws that govern these issues, which we will go over in this article. Keep in mind that we can only provide general information, so you will need to speak with a dog bite lawyer if you need specific information on your rights and legal options. Our legal team is here for you 24 hours a day, 7 days a week, so contact our office to schedule a free consultation if you or your family member was bitten by a dog while it was under the care of a pet sitting / dog walking service.
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Who can I Sue if I was Bitten by a Dog?
California has a strict liability policy for dog owners, which means the owner is generally responsible for any harm that is caused to another party by their dog. Some states have “one-bite” rule, where the dog owner is given another chance if the dog has no previous history of aggression or hurting people. However, they will be liable for any incidents going forward, since they are now aware of the possibility that their dog may attack someone.
California does not operate under the one-bite policy, so it doesn’t matter if the dog has not shown any signs of aggression prior to incident. If someone if hurt by the dog biting, knocking them over, etc., it’s automatically the owner who is responsible for their medical bills and other monetary losses resulting from the victim’s injuries.
On the other hand, it’s not always the owner who is in charge of the animal. If a dog is sent to a kennel or veterinary clinic, for example, that business has temporary custody of the dog. Thus, negligence or misconduct on their end may be the reason someone was bitten by a dog. Then again, a pet services provider cannot be responsible for issues they were not informed of, like the owner failing to disclose that their dog had previous bite incidents. In that case, it may be the owner who would be sued for negligence that led to a dog bite incident. In some of these cases, both of the owner and the dog sitter, boarder, etc., may share liability, meaning that you can sue multiple parties for being bitten by a dog.
Can I Sue Fetch Pet Care if the Dog Bit Me while Under the Care of this Company?
Despite California’s strict liability laws on dog bites, there are situations where someone other than the owner is in charge of the animal. This is where the principle of comparative liability is applied, meaning responsibility for the harm caused to another party may be split among multiple entities. This is why a dog walker and/or the company they work for can be sued in some cases of dog bites and animal attacks.
With Fetch Pet Care, there is no specific language pertaining to third party injuries, or even injuries to their own pet sitters in the event they get hurt on the job. This may be due to the fact that each franchise under the company name gets to make up their own rules about third party injury coverage.
As you can see, figuring out who is ultimately responsible when you have been injured by an animal may not be a straightforward issue. Based on the terms between Fetch users and the franchise, the owner may be the only person you can sue for a dog bite incident.
Filing a Dog Attack Injury Claim as a Worker for a Pet Sitting Company
As we mentioned with injuries to third parties, insurance coverage for injured workers is determined by each Fetch! Pet Care franchise. Thus, if you are an injured dog sitter for this company, we would have to review the terms of your contract to determine whether you are covered for incidents like dog bites. Some companies, like Wag, explicitly state in their Terms of Use that they are not liable for injuries to their dog walkers or third parties (dog bites someone other than the employee, owner, or someone in the household).
If the contract between you and the individual franchise frees them of liability, you will need to seek compensation from the dog owner, most likely by filing a claim with their homeowner or commercial property insurance provider.
Average Value of a Dog Bite or Attack Lawsuit
Per the Insurance Information Institute, the average insurance claim for injuries from a dog bite attack was $64,555 in 2022. But how much you can receive is another issue altogether, as it’s based on the injuries you’ve suffered, who you can go after, and other relevant factors. That’s why dog bite lawsuits settlements can range from $10,000 to over $2,000,000 here at our law firm.
Keep in mind that your settlement is based on both physical injury and emotional trauma, which is very common among those who are attacked by a dog. Thus, you may be entitled to non-economic damages like emotional distress and pain and suffering, along with medical expenses and lost wages. You can also request payments for any personal belongings that were damaged in the incident (property damage).
To ensure that you receive the full value of your losses, call our office and talk to a California dog attack injury lawyer as soon as possible.
How Long will My Case Take to Settle?
On average, it can take around 4 to 6 months to settle an insurance claim for injuries caused by a dog if you do not have permanent or disabling injuries. If you have severe injuries that require lifetime care, it’s possible that your lawsuit will take 1 to 3 years to resolve. While the severity of injuries is the most important factor, settlement timelines are also affected by the other party’s willingness to offer a fair amount of compensation. This is particularly challenging in cases that are worth 6 to 7 figure, as insurance companies will fight to reduce their liability and lowball settlements as much as possible.
Bad faith insurance tactics are not easy to deal with for the average person, and this is why many of them give up and settle for inadequate payments. That’s why you need a skilled and experienced dog bite lawyer, who will fight for the compensation you deserve.
Make Sure to File Your Dog Bite Injury Claim on Time
California allows 2 years from the date of a dog attack incident to file a personal injury claim. With that in mind, it’s essential to contact a lawyer right away, who can help you sue the responsible individual and claim the damages you are entitled to. If you are past the statute of limitations for a dog bite attack injury claim, it will be extremely difficult – if not impossible, to obtain an extension from the court system. To initiate a Fetch! Pet Care injury claim with a member of our legal team, please contact our law firm.
Talk to a Dog Bite Injury Lawsuit Attorney
Despite California’s strict liability laws for injuries caused by pets, it can still be challenging to figure out who is responsible when a dog attacks someone while it’s out with a dog walker. That’s why it’s best to speak to a lawyer with experience in suing for injuries caused by dogs and other pets.
During a free case evaluation, we can go over the details of your case and advise you of the available legal options. If filing a lawsuit is right for you, there is no need to worry about how much it will cost to hire an attorney. There is a Zero Fee Guarantee for all clients, so all of our expenses are paid by the negligent party along with your settlement check. That means we make absolutely nothing unless you receive payment from a dog bite injury lawsuit.
Contact us today and learn about your rights from an experienced pet sitting service liability attorney.
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