The dog wasn’t supposed to be the owner’s problem that day. It was the sitter’s responsibility. But its teeth found you, and now you’re the one with the problem: stitches, a medical bill, and a week of lost work you can’t get back.
Who pays for that? When the sitter is holding the leash instead of the owner, the answer isn’t clear. Do you lodge a claim against the owner, the sitter, or both? This kind of confusion can push a lot of injured people to just shrug and eat their medical bill losses themselves, walking away from money they’re owed.
The law is actually pretty clear. Here is when pet sitter liability applies to a dog bite, how responsibility gets shared with the owner, and what to do if you were hurt by a dog in a sitter’s care.
Understanding Legal Responsibility for Pet Sitter Dog Bites
Who was holding the leash—or should have been holding it—when the dog attacked?
This is what the law mostly cares about. Whoever has care and control of an animal at the time of the bite attack becomes its “keeper.” A keeper can carry the same legal responsibility as the owner the moment they take the dog. The same applies to a dog walker, a boarding kennel worker, or even a neighbor doing a favor.
Many states, New Mexico included, fold this into a one-bite rule for keepers: If you knew, or should have known, that the dog was dangerous, you’re liable. However, if the dog had no prior history of bites or aggression, the keeper/owner could be off the hook.
Then again, straight negligence could still apply. If the keeper failed to handle, confine, or manage the dog in a responsible way before the bite occurred, they can be held liable.
If you’ve been bitten and you’re not sure who that keeper even is, our dog bite injury attorneys can sort out who was responsible.
The Difference Between Owner Liability and Sitter Liability
The key question here is who is more likely to pay on a dog-bite claim.
Most claims go after the dog’s owner because their homeowner’s or renter’s insurance covers these situations. In states with strict liability dog bite laws, the owner’s insurance almost always takes the claim. However, New Mexico does not apply automatic strict liability. New Mexico does impose strict liability, but only when an owner knew their dog was dangerous.
The practical payoff is to pursue joint liability. The owner and the sitter can be sued together if both were careless. Most claims get filed with the owner’s insurance. However, sitters carry professional pet sitter insurance as well. That coverage could pay out if the sitter was negligent.
When Is a Pet Sitter Considered Negligent?
Negligence is everything to a sitter liability case. A sitter is deemed negligent when he or she fails to do what a reasonable person would do with a dog in their care. This covers a lot of ground:
- Letting the dog off the leash in a crowded park
- Ignoring a growl they’d been warned about
- Leaving a gate open for the dog to get loose
- Handing the leash to a child
- Taking on a large or aggressive dog they clearly could not handle
In negligent pet supervision matters, the question is, “Did the sitter keep reasonable control of the animal?” When the answer is no, and someone suffered a dog bite injury, the sitter can be held responsible.
Steps to Take After a Dog Bite Under Sitter Care
You’ve been bitten? You’re bleeding? Then no, the first step is not a lawsuit.
- Get medical care first. Dog bites can become infected fast. The CDC recommends immediate treatment, even for wounds that don’t look serious.
- Next, document everything about getting bitten. Take photos of the injury, the dog, and the location where the attack happened.
- Get names too. Find out the name of the dog’s owner and who was watching it because you could have a claim against both.
- Report the dog bite to animal control so that there’s an official record of what occurred.
- Keep all related medical bills as well as any documents that track missed work. These are important to make sure you get fair compensation.
- Do NOT give an immediate recorded statement to an insurance adjuster. First, find out what your claim might actually be worth.
Any information you collect will be important for linking the dog bite to negligent behavior and maximizing your compensation.
Barrera Law Group LLC Can Help You Sort It Out
A dog bite is bad enough without the added stress of getting pulled around over who is responsible for it. When the owner points at the sitter and the sitter points at the owner, it’s easy to feel like the bill is yours to pay. It is not.
It’s the kind of mess Barrera Law Group LLC can handle. Our team knows how New Mexico dog bite laws split responsibility between owners and keepers. We also know how to pursue both parties if they share blame. We dig into the dog’s history, the sitter’s conduct, and the insurance behind both the owner and the sitter.
Nothing that could pay your claim gets left on the table.
You focus on healing. We’ll figure out who owes you for it. If you’re ready to learn what your claim is worth, reach out to our team for a consultation.