Dog walkers are entrusted with the care and control of pets while their owners are away. But what happens when a dog bites someone while under a walker’s supervision? Who is legally responsible — the dog walker, the owner, or both? This article dives into the legal implications of dog bites occurring while the pet is in the custody of a professional walker.
In this article, you will learn about the legal responsibilities of dog walkers, the concept of liability, and how courts may assign fault in dog bite incidents. Understanding these elements is crucial for pet professionals and dog owners alike.
Understanding Liability in Dog Bite Incidents
Liability refers to who is legally responsible for injuries or damages. When a dog bites someone, several parties may potentially be held accountable depending on the circumstances. Dog bite liability laws vary by state, and understanding the legal environment is the first step in evaluating responsibility.
Owner Liability
In most states, dog owners are primarily responsible for the actions of their pets. Some states impose strict liability, meaning owners are liable regardless of whether they knew the dog was dangerous. In other jurisdictions, one-bite rules or negligence standards apply, which require proof that the owner knew or should have known the dog had a tendency to bite.
Dog Walker Liability
A dog walker could also be found liable, particularly if they:
- Failed to control the dog
- Violated leash laws or local ordinances
- Ignored known behavioral issues
- Acted negligently or recklessly
Professional dog walkers are expected to exercise reasonable care when handling animals. If a walker fails to meet that standard, they may be partially or fully responsible for any injuries that occur.
When Is a Dog Walker Liable?
Dog walkers aren’t automatically liable just because a bite happens on their watch. Courts generally examine several factors to determine responsibility.
1. Knowledge of the Dog’s Aggression
If the walker knew or had reason to know that the dog was dangerous and still agreed to walk it without proper precautions, they could be held liable. For example, if the owner warned the walker that the dog had previously bitten someone and the walker took no extra measures, they may be considered negligent.
2. Violation of Leash Laws
Most cities require dogs to be on a leash in public spaces. If the walker allowed the dog to roam off-leash in violation of local laws and the dog bit someone, the walker could be seen as careless and held liable for the resulting injuries.
3. Lack of Control
Even if the dog had no history of aggression, the walker might be liable if they failed to properly control the animal. For example, if a strong dog pulls the leash from the walker’s hands and attacks someone, the walker’s inability to control the pet may be grounds for liability.
4. Independent Contractor Status
In some cases, a walker works through a larger company or app-based service. If the walker is an employee, the company might share or assume liability. However, if the walker is an independent contractor, they could bear more personal responsibility for incidents.
Dog Owner vs. Walker: Who Pays?
When a bite occurs, both the dog owner and dog walker may be named in a lawsuit. Courts will then determine liability based on negligence, strict liability laws, or contract agreements.
In strict liability states, the owner is usually held liable, regardless of who was handling the dog at the time. However, the walker could still be sued for negligence if their actions contributed to the incident.
In negligence-based states, liability can be shared. If the owner failed to warn the walker about aggressive tendencies and the walker failed to use a leash, both parties may bear partial responsibility.
Legal Protections for Dog Walkers
Dog walkers can protect themselves from liability in several ways.
1. Written Agreements
Contracts between dog walkers and pet owners should include clauses about liability, assumption of risk, and the dog’s behavior. These agreements can help establish who is responsible in the event of an incident.
2. Insurance
Dog walkers should carry liability insurance specific to pet care. This type of coverage can help cover legal expenses and damage payouts if a dog bite occurs.
3. Background Knowledge
Before accepting a job, walkers should ask questions about the dog’s history, temperament, and training. Walkers have the right to refuse clients if they feel unsafe or unprepared to handle a particular animal.v
4. Professional Training
Walkers with professional certifications or animal handling experience are better equipped to prevent incidents and protect themselves legally if something goes wrong.
Dog Walker Apps and Company Liability
Many dog owners hire walkers through app-based services like Rover or Wag. These companies may provide liability protection for incidents that occur during a booked service.
However, not all app walkers are employees — many are independent contractors, which may shift liability onto the individual. It’s essential for walkers and owners to review the app’s terms and policies to understand who is covered in case of an accident.
What Should You Do If a Dog Bite Happens?
If a dog bite occurs while the dog is under a walker’s care, all parties should take these immediate steps:
- Seek medical attention for the injured person
- Exchange contact information with the victim and any witnesses
- Report the incident to local animal control or law enforcement
- Document the scene with photos and notes
- Notify insurance providers (both the dog owner’s and the walker’s)
- Consult a personal injury attorney to understand legal rights and responsibilities
Prompt and transparent action is crucial to prevent legal complications and ensure the well-being of all parties involved.
Legal Consequences for Dog Walkers
Depending on the outcome of the incident and the applicable state laws, a dog walker could face:
- Civil liability for damages (medical bills, lost wages, pain and suffering)
- Loss of reputation or future work
- Termination from an app-based platform
In rare cases, criminal charges if the conduct was reckless or intentionally harmful
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
