Question

We have used the same couple to board our two small dogs when we travel. This past week, our Yorkie was killed by a coyote. The sitter’s neighbor’s dog was also killed by a coyote 2 months ago.
When we dropped off our dogs, we gave instructions to not let the dogs outside alone, and never after dark. We left potty pads as we always do, and the dogs are potty pad trained.
The first night, one of the sitters let the 5 lb. Yorkie out free in their front yard with a four-foot fence, not the rear yard with a six-foot block wall. Several minutes later, they heard the yelping of the Yorkie and chased the coyote away, after the coyote had killed my dog.
The husband claims he was outside. On the original phone call, the wife apologized for not going outside as we had requested.
The husband expects to be paid for sitting with the second dog, not the first. I don’t believe I owe anything and expect to be compensated for the cost of the Yorkie and the vet bill.
To what extent is the sitter at fault?

Answer

I am very sorry to hear about your dog. If litigated, a court might find that due to the negligence of the pet sitters your dog was killed. Bailees (persons who agree to temporarily hold another person’s property or animal) who are being compensated are generally required to exercise reasonable care with the property or animal. Failure to do so could result in liability for the loss of or damage to the property or animal. People who believe they are owed money can sue to try to get compensated. I cannot predict the outcome of any given case.

PLEASE NOTE: Responses to legal inquiries are not meant to replace seeking legal advice from an attorney in your state. The materials in this website and any responses to questions are for informational purposes only and are not intended, nor should they be construed, as legal advice. This website, the information contained herein, and any responses to questions directed to this column are not intended to create and do not establish an attorney-client relationship. You should not rely or act upon any information provided on this website or in any response to your inquiry without seeking the advice of an attorney in your state regarding the facts of your specific situation.

Send Your Pet Legal Question Now!

Elinor will field as many questions as she can and they will be posted here on this site. Due to the volume of questions received, not all questions are answered. However, many individuals have similar questions. You may find helpful information in the categories listed below.

Ask a Legal Question