The vast majority of households in California have at least one pet, and there’s no denying that dogs are the companion of choice for many people in the Sunshine State. Most of us would spend every minute of the day with our dogs if we could, but the truth is, we have other responsibilities that need our time and attention. That’s why there are many companies that cater to dog owners who need dog walking and pet sitting services.
Wag! is a dog walking app that allows owners to book services like walks, overnight stays, and visits throughout the day. While these apps provide a convenient means of taking care of our pets, what happens if there is an accident involving a dog that’s under the care of a pet sitter of dog walker? For example, who is responsible when a dog that’s out with a dog walker bites someone? Do you sue the owner or the person that’s in charge of the dog at the time of the incident? What about Wag – can you sue the company that the dog walker works for?
These are some of the issues we will go over in this article, but please keep in mind that this information is only for general purposes. You are likely to have specific questions about your rights and legal options as a dog attack injury victim, which we can help you with here at Normandie Law Firm. Contact us right away and speak to a lawyer who can sue for injuries from a dog bite or animal attack.
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Suing the Owner for Injuries Caused by Their Dog
In general, dog owners in California are responsible for any damage caused by the actions of their pet, like property damage and injuries from a dog bite. Plus, there is no “one-bite rule” in California, so it doesn’t matter if this if the very first time your dog ever bit someone. As long as there was injury to another party that was caused by your pet, you can be sued for monetary damages, like medical costs and pain and suffering.
There is an exception if your dog was being provoked by someone (if the dog was being hit or kicked, for example), as self-defense applies to canines as well as humans. Or, if your dog was trying to protect you – like during a robbery – that can be used as a defense to remove liability for a dog attack. But these are unusual circumstances, and as a result, it’s almost always the owner who pays when someone in bitten by a dog.
But the concept of liability becomes complicated when pets are being cared for by someone other than the owner. And we know that many of the dogs we come across on a daily basis are walked by pet sitting apps like Wag and Rover. Are these companies responsible for a dog bite incident if the animal was with one of their dog walkers?
Wag Dog Walking Company Liability for Dog Attacks
Some dog walking app companies, like Rover, offer insurance coverage for their workers and third party individuals that are injured by a dog they are taking care of. Wag, however, makes it clear that they are not liable for these incidents. While they do have a claims policy for certain types of accidents, their Terms of Use clearly states:
“Wag! is not liable for claims by third parties or Pet Caregivers, including but not limited to, personal injury, injury to any pets or property damage.”
Thus, by signing on with the company, owners are agreeing to take this responsibility on to themselves, meaning you would sue the owner directly for the injuries you’ve sustained from a dog attack. This is unfortunately the case with certain dog walking apps, even though California has a vicarious liability rule that can hold business owners responsible for injuries caused by their employees. How Wag gets around this rule is by classifying their dog walkers as “independent contractors,” and not employees.
So, that brings us to another important question, can you sue the dog walker that was in charge of the dog at the time you were bitten?
Can I File a Lawsuit against Dog Walkers Working for Them?
Yes, it’s possible to sue the individual dog walker that was in charge of the dog if they were negligent in their duty of care to keep the dog from harming others. This is quite different than the principle of suing the dog owner, where they are directly responsible for their pet’s conduct, simply because the animal belongs to them. Here, you would have to show that the pet sitter exercised poor judgment, carelessness, or deliberate misconduct that caused you to be injured.
For example, let’s say that a dog owner advised the walker that the dog should be muzzled during its walk due to a prior dog bite incident. However, the dog walker forgets to muzzle the dog before leaving the house, and during its walk, the dog becomes skittish and lashes out at someone that’s walking in its direction. Since the dog walker had foreknowledge of what could happen and failed to take the needed precautions, they may be sued by the victim for monetary compensation.
Please note that there are situations where both the pet sitter and owner may be sued if an animal bites or attacks a third party. This is why it’s essential to discuss your case with an experienced dog bite lawyer, who can help you figure out the liability issues that pertain to your lawsuit.
What is the Average Value of a Dog Bite Lawsuit Settlement?
According to the Insurance Information Institute, the average claim for injuries resulting from a dog bite or attack was worth $64,555 in 2022. But knowing what the average lawsuit is worth is not the same thing as the amount you are entitled to if you were injured by someone else’s pet. Based on many details that are specific to your case, you may receive anywhere from $10,000 to $2,000,000 or more if you sue Wag Pet Care or anyone else that’s responsible for the incident.
By working with one of our attorneys, you can be sure of receiving every penny you deserve for medical expenses, lost wages, pain and suffering, and any other damage that you are entitled to.
How Long Does it Take to Settle a Dog Bite Lawsuit?
Insurance claims for injuries caused by pets may be settled in 4 to 6 months if your injuries are not severe or likely to result in a disability. If, on the other hand, you sustained serious injuries that are likely to affect you for the rest of your life, it may take 1 to 3 years to settle your lawsuit. The harm you’ve suffered on a physical and emotional level is the most crucial element in any personal injury claim. However, there are other factors that play a role in the amount of time that’s required to settle a Wag Pet Care dog bite accident lawsuit. For example, the negligent party’s cooperation in working towards a settlement has a direct impact on how long it takes to get paid from one of these cases.
Please note that resistance from the defendant and their insurance company is typical with these incidents, as they attempt to reduce their liability and pay you as little as possible. Fighting back against their arguments and proving that you are entitled to a certain amount of damages will be difficult to achieve on your own. That’s why the lawyers of Normandie are here to help if you were bitten by a dog that was being cared for by someone other than the owner.
Statute of Limitations to Sue for Injuries Caused by a Dog
In California, dog bite injury victims have 2 years from the incident date to file a lawsuit against the owner or anyone else that’s liable for what happened to you. The clock starts ticking from the moment you are injured, so please don’t delay in contacting us if you were bitten by a dog that was being taken care of by Wag. If you are more than 2 years past the incident date, you will most likely lose the right to sue any of the parties that are responsible for your injuries. With that in mind, please give us a call to get started on a dog bite injury claim.
Contact a California Dog Bite Lawsuit Attorney
While there is a strict liability principle for dog attacks in California, the issue of who is responsible for a pet’s behavior can be challenging to figure out. This is why it’s essential to obtain legal advice from an experienced California dog attack lawsuit attorney.
Once you get in touch with us, we will go over your rights as an injury victim and how you can obtain compensation by filing a dog bite injury claim. If you choose to go ahead with a lawsuit, you have the assurance of knowing that it will cost you $0 to hire one of our legal experts. With the Zero Fee Guarantee, all legal fees are covered by the defendant and included in the check you receive at the end of your case. That’s the only way we get paid, so you don’t have to worry about paying us if we don’t win your lawsuit.
Contact our office and ask to speak with a lawyer who can sue Wag! for a dog bite or attack incident.
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