Working as a pet sitter is a rewarding job, though not free of risks. One unfortunate potential risk is that you could sustain a dog bite from the canine you are charged to oversee. This can be a traumatic and confusing situation to navigate.
If you are the victim of a dog bite, you may be entitled to compensation for any injuries you’ve sustained. Seeking an experienced New Jersey dog bite lawyer can make a difference in your long-term recovery from such a frightening situation.
In Aiges v. Jane Levine Fuccillo A-1273-11T1 a December 2012 Appellate Division Case, plaintiff Hillary Aiges, a full time photography agent who occasionally performed dog sitting services at her home agreed to watch her neighbors golden retriever for a week while the Fuccillos went away on vacation. As per their agreement, Ms. Aegis was to be compensated $300. Several days into the dog’s stay, Fido decided to bite the plaintiff while she was picking up a napkin from the floor.
The trial court determined that in this case the plaintiff had acted as an independent contractor, and, as such, plaintiff could not take advantage of New Jersey Dog Bite statute’s absolute liability provisions unless she could prove that defendants knew or should have known the dog was vicious.
On appeal, the Court determined that the “assumption of risk” defense negating strict liability of dog owners does not apply to dog sitters! In other words, dog sitters can still rely upon the strict liability statute even though they are paid to watch the dog and are arguably in the profession of caring for dogs!
The court analyzed the facts as follows: Ms. Aiges was not in a full-time business that involved caring for dogs. She performed dog-sitting only on a part-time basis out of her own home. Although plaintiff was affiliated with a pet-sitting agency, she did not develop her relationship with defendants through that firm. Instead, the parties were neighbors, who had known one another and their respective dogs. The arrangement had an aspect of reciprocity, as defendants’ son had apparently walked plaintiff’s own dogs in the past after school. The parties’ arrangements were unwritten and informal.
While the court recognized that plaintiff was paid money to care for defendants’ dog, her receipt of that fee alone is not dispositive of the independent contractor analysis. Indeed, teenagers and neighbors commonly earn modest sums as dog-walkers and dog-sitters, and we discern no intent of the Legislature to exclude such persons from the protection of the statute.
A successful application of the defense results in a plaintiff having to prove that the subject dog had “vicious propensities” and that the dog’s owner had knowledge of such propensities.
Steps To Take For New Jersey Dog Bite Case Victims
The trauma of being bitten can leave you confused and scared. If you aren’t sure of what steps to take next, consulting with a New Jersey dog bite lawyer would be beneficial. What would not be in your best interest, however, would be to directly contact the insurance company of the owner of the offending canine.
Having an expert lawyer to represent you and offer clear-minded communication with all parties involved can create a more favorable outcome for your case.
Contact Us Today To Discuss Your Options with a New Jersey Dog Bite Lawyer
If you are a pet sitter who has experienced a dog bite, having a qualified lawyer on your side will give you confidence that it is possible to fully recover from such a traumatic event.
Contact The Law Office of Peter Briskin today for a no-cost consultation from a New Jersey dog bite lawyer who will discuss your case and advise you on what compensation options are available. He is prepared to help you navigate this difficult time and determine the best course of action for your situation.