Are Homeowners Responsible for Dog-Sitter's Injuries During Snowstorm?

Dog-sitters sued homeowners for negligence. Homeowners had hired plaintiffs to dog-sit for 10 days while they were on vacation. While there, a winter storm deposited over two feet of snow in the area and the dog-sitters notified homeowners about the storm before and after it occurred. They cleared a small area on the back deck for the dogs to go out, and one of the dogs got stuck in the snow. The dog-sitter went out on the deck, slipped, and hit his foot on a railing, before wading through the snow to rescue the dog. Two days later, he went to the hospital to receive care for his injured foot, which had to be amputated. The homeowners asked the court to dismiss the case without a trial.

The court ruled against the homeowners, who appealed. The appeals court also ruled against them. The homeowners, who had hired the dog-sitters, had a duty to maintain their property in a reasonably safe condition even while they were vacationing, which included making reasonable arrangements for snow and ice removal since it was reasonably foreseeable that the plaintiffs could slip and fall on snow and ice while tending to the dogs. The homeowners had actual or constructive notice of the dangerous condition and had been notified of it by the dog-sitters with a photograph. The homeowners were aware that a path would have to be cleared for the small dogs to access the backyard, and they knew that the dog-sitters had disabilities that would make it difficult for them to shovel snow and that there was no salt or sand readily accessible. A trial was needed to determine the facts, including how long it was reasonable for homeowners to wait after the storm ceased to clear the snow. They had instructed the dog-sitters that the animals needed to go outside four to five times per day.

Vance v. Burkhard: Case No. CV-23-0915, 2024 NY Slip Op 03572 (App. Div. 3 Dept.; 7/3/24; Aarons, JP, Pritzker, Lynch, Ceresia, Mackey, JJ)