Liability for unrestrained animals

"If the unrestrained animal is the hospital's pet, the responsibility is clearly the hospital's," says Veterinary Economics Editorial Advisory Board member Dr. Karl Salzsieder, JD, a consultant with Salzsieder Consulting and Legal Service in Kelso, Wash. "If it's a client's pet, the liability depends on how the injury happened."

In some jurisdictions, the injured person has a duty to have reasonably avoided or prevented the injury. In this case, it may be referred to as comparative negligence, resulting in the injured party being required to share some responsibility and cost of the injury.

The animal's owner or caretaker could also be liable. If this person knew the animal could be dangerous because of a prior injury to another person, then he or she has a special responsibility to protect others.

Other than those specific situations, a plaintiff's attorney would likely name the hospital and doctor(s) as defendants, because they're the only ones with full professional knowledge on the handling of pets and their associated risk. The hospital has a duty to protect clients from harm from other clients and animals—and even from their own pets when they're at the hospital.

Of course, each situation may have specific issues that would change the outcome of who's ultimately responsible. But you should take measures, such as making sure all dogs are on leashes, to protect your clients and their pets.

Dr. Karl Salzsieder