Potential Civil Claims Against Pet Sitters for Negligence and Delayed Notification (California)

Question

I am seeking general legal guidance under California law regarding potential civil claims against paid dog sitters arising from negligence, delayed notification, and misrepresentation.

On Friday afternoon, while still in the sitters’ exclusive custody, my dog was admitted to a veterinary hospital and then transferred the same day to a second emergency facility without my knowledge. I was not notified of the injury, hospitalization, or transfer and was only informed after her death late Saturday night.

After the fact, the sitters stated they were unable to contact me because their phone containing my contact information was “in the shop.” They also provided conflicting explanations for the cause of the injury, telling me via text that my dog “fell off a bed,” while telling the veterinary hospital she “fell down stairs.” Veterinary providers documented injuries consistent with significant blunt force trauma and noted that the injuries were inconsistent with the history provided at admission.

Additionally, a third party unknown to me signed the veterinary admission paperwork as the owner, which has obstructed my access to complete medical records from the initial hospital. The veterinary providers advised that reports be made to Animal Care and Control and law enforcement due to the discrepancies and delayed notification.

Under California law, how do courts typically evaluate civil claims involving paid pet sitters where there is exclusive custody, delayed notification of injury, conflicting explanations, and misrepresentation of ownership or care at veterinary admission? What factors most strongly affect whether such a case is viable in civil court?

Answer

I am very sorry for your loss.

When an animal is negligently or intentionally harmed or killed while in the care of a pet sitter, the animal’s “parent” can commence a civil lawsuit for money, such as for veterinary expenses to treat the animal, the cost of the animal, dog sitting fees paid, and funeral expenses. People can also seek money for the special value of the animal to them. Worth noting is a California case (Bluestone v. Bergstrom) where a jury determined that while the market value of a dog who died as a result of the negligence of the dog’s veterinarian was only $10, the dog’s special value to the dog’s “parent” was $30,000. The dog’s “parent” was awarded $30,000 for the dog’s special value in addition to $9000 for overpayments to the veterinarian. And in a New York case where the boarding facility offered no reasonable explanation for the death of a dog, the court found in favor of the dog’s “parent.” The court stated, in part: “Resisting the temptation to romanticize the virtues of a "human's best friend", it would be wrong not to acknowledge the companionship and protection that Ms. Brousseau lost with the death of her canine companion of eight years. The difficulty of pecuniarily measuring this loss does not absolve defendant of his obligation to compensate plaintiff for that loss, at least to the meager extent that money can make her whole.”

Additionally, aggrieved pet “parents” can seek exemplary damages which are sometimes awarded when a person’s conduct is egregious. California law states: “For wrongful injuries to animals being subjects of property, committed willfully or by gross negligence, in disregard of humanity, exemplary damages may be given.” People can also seek damages for emotional distress and loss of companionship, although these damages are not frequently awarded.

Under bailment law where a person is getting paid to safeguard another person’s property (or animal) and fails to exercise reasonable care and return the property (or animal) in the same general condition, he/she may be held liable. California law states: “A depositary of living animals shall provide the animals with necessary and prompt veterinary care, nutrition, and shelter, and treat them kindly. Any depositary that fails to perform these duties may be liable for civil damages as provided by law.”

Some pet sitting contracts contain waivers of liability but courts sometimes won’t enforce these clauses when there is evidence of negligence or of an intentional act that caused the harm.

Cruelty to animals is illegal in every state. Instances of blunt force trauma should be reported to the police, SPCA (society for the prevention of cruelty to animals), animal control, and other entities that enforce animal cruelty laws. Worth also noting is a California law which provides that when a veterinarian has reasonable cause to believe that an animal under his/her care “has been a victim of animal abuse or cruelty,” he/she must promptly report the abuse or cruelty “to the appropriate law enforcement authorities of the county, city, or city and county in which it occurred.”

Complaints about pet sitters can also be made to consumer protection agencies and organizations. Complaints about veterinarians can be made to the California Veterinary Medical Board.