Q: Can I sue a dog sitter for trip costs and emotional distress after losing my dog in NY?

A: I am sorry to hear about the distressing situation with your dog. In New York, you may have grounds to sue the dog sitter for your financial losses and potentially for emotional distress, but the success of your claim will depend on several factors.

First, you can pursue a claim for the financial losses you incurred as a result of the dog sitter losing your dog. These losses include the costs of your interrupted trip, the fees you paid to the drone expert, and the expense of hiring a professional dog trapper. Your claim would likely be based on breach of contract, negligence, or both. Even though the dog sitter may be considered an independent contractor through Rover, she still had a duty to exercise reasonable care while caring for your dog. By losing your dog and failing to take adequate steps to assist in the search, she may have breached that duty.

To strengthen your claim, you should gather any written agreements, messages, or communications with the sitter that show her responsibilities and any statements she made about her role. If you arranged the sitting through Rover, review the platform's terms and conditions, as they may include liability disclaimers or dispute resolution procedures that could impact your claim. However, even with such disclaimers, you may still be able to pursue a claim directly against the sitter.

Emotional distress claims are more difficult to pursue in New York, especially for the loss or endangerment of a pet. Generally, New York courts view pets as property, and emotional distress damages are typically not awarded for the loss or harm of property. However, you may still include a claim for emotional distress in your lawsuit, particularly if the sitter’s actions were reckless or demonstrated a clear disregard for your dog’s safety.

If you decide to sue, you can file a claim in Small Claims Court if the total amount you are seeking is within the court's jurisdictional limit, which is $10,000 in New York City. If your claim exceeds that amount, you may need to file in a higher court.

Because this situation involves a combination of financial loss and emotional harm, you may wish to consult with an experienced attorney who can help you determine the best way to present your case and maximize your chances of recovery.

This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York.

A: What you went through is heartbreaking, and your frustration is completely understandable. You placed your trust in someone to care for a member of your family, and instead, you were forced to cut your trip short, take on unexpected expenses, and endure serious emotional stress. In New York, you can bring a lawsuit against the dog sitter for **negligence** or **breach of contract**, especially if you can show that her actions fell below the standard of reasonable care expected of someone entrusted with your dog’s safety.

You may be able to recover your **financial losses**, such as the \$2,000 in trip costs, the \$400 paid to the drone expert, and the trapper’s fees, if you can prove these were reasonably foreseeable consequences of the sitter’s negligence. Emotional distress claims in pet-related cases are more difficult, but New York courts have occasionally allowed recovery when the pet's treatment was especially egregious or the emotional toll was severe. The sitter’s lack of effort in helping recover your dog could strengthen your claim.

Before filing suit, gather your receipts, communication records, and anything that documents the agreement and what happened afterward. Small claims court may be a good venue if your total claim is under the limit, and it keeps the process more accessible. You're not asking for anything unreasonable—you just want accountability and fairness after going through something no pet owner should have to face. You have every right to pursue this.