Dog-walker loses lawsuit over client’s dog bite

The highest court in Ontario has made a decision that a part-time dog walker, who suffered a bite while working, cannot file a lawsuit against her clients for compensation. This ruling is based on the interpretation of provincial law, which considers her the “owner” of the dog at the time of the incident.

Four years ago, Amanda Nigro was bitten while attempting to put rubber booties on a boxer named Forrest Gump at her clients’ residence. Despite suing the full-time owners of the dog, two separate courts have ruled that, according to the Ontario Dog Owners’ Liability Act (DOLA), she was deemed the legal “owner” of the dog during that particular moment. Consequently, her case was dismissed as one cannot sue oneself.

The Ontario Court of Appeal’s decision, published online on Thursday, affirmed that “the appellant was an owner of Forrest for purposes of the DOLA” and emphasized that she had control over the dog’s behavior at the critical juncture.

The crux of the matter revolved around the legal definition of “owner” as per Ontario law, which extends liability for bites or attacks beyond the individual named on the ownership paperwork. This liability can encompass anyone who had possession of the pet at the time in question, including dog walkers, groomers, friends, and family members.

Legal experts, including Nigro’s lawyer and an animal law specialist, caution that the recent ruling by the higher court should serve as a warning to anyone caring for someone else’s pet in Ontario. They stress that even a brief interaction with a pet could lead to being treated as an owner and losing the right to pursue legal action.

Shane Katz, Nigro’s legal representative, remarked, “The public needs to exercise caution when looking after or spending time with another person’s dog in light of these two rulings. This ruling expands the scope of potential pet owners and exposes more individuals to legal liability, often without their awareness.”

Dog-walker had been working with the dog without issues for months

Nigro began working as a part-time dog walker for Michael and Amanda Luciano, owners of Forrest Gump, in November 2021, according to the court ruling. She had access to the couple’s residence in Oshawa, Ont., and would walk the boxer approximately three times per week. The dog had no history of aggression, as presented in court.

In March, Amanda Luciano informed Nigro via text that Forrest Gump would require booties for walks in the snow to protect an infected paw.

On March 24, 2022, Nigro attempted to put booties on Forrest Gump for the first time to let him out into the snowy, muddy backyard.

During the process, as she approached the dog with the booties, Forrest Gump lunged at her, bit her left arm, and continued to attack her, causing injuries to her abdomen, left upper thigh, and both arms, as per the court ruling.

Following the incident, Nigro sued the Lucianos for $1 million in damages. The couple’s legal representative did not respond to requests for comment, but in court, they argued that they could not be held accountable under DOLA as it was Nigro who had control of the dog when she was bitten.

A similar issue of “ownership” under DOLA had been previously examined in the Ontario Superior Court involving a woman who was bitten by her boyfriend’s Great Dane, Zeus, during a walk in 2013. She lost her lawsuit after being considered the “owner” at the time of the incident.

Katz, representing Nigro, contended that her situation was distinct as she was alone in the Lucianos’ residence following their instructions when the bite occurred. However, both the Superior Court and the Court of Appeal judges dismissed this argument.