Q: My dog sitter lost my dog. She admits he wasn't properly leashed. He's been missing for 1 month. Whats her liability?
The sitter admits that she did not have my dog securely leashed when she let him out to relieve himself. He ran when she called his name and has been missing since 3/31. I was out of the country at the time and relied on her to begin searching. She says she feels horrible, but my dog is still missing and he was entrusted to her care. She did refund the stay. Is my dog considered personal property and if so am I able to recover costs incurred searching for him? Or other damages at his loss?
A: I am sorry, as the loss of a pet can be devastating. I hope you find yours. Maryland law views pets as mere property, so the damage is measured by the fair market value of the dog (the reasonable cost to purchase a similar dog). You are also entitled to the breach of contract damages for the dog sitting agreement, which you state she already refunded or forfeited to you her sitting fees. The costs expended for searching for your pet may be recovered, but they must fall into a category of damages that are reasonably foreseeable as a consequence of the breach. That’s not always clear cut, but I imagine a judge would have to limit such costs in some way that does not exceed the fair market value of the dog.
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