Legal Question in Real Estate Law in Illinois

Pet sitter liable for cat owner's high insurance deductible?
A pet sitter has an oral agreement to watch someone's cats when the cats' owner is away on vacation. The day after the owner leaves there is a break-in and several thousand dollars worth of property is stolen from owner's condo. Owner believes pet sitter is responsible for entire amount of property insurance deductible because the pet sitter failed to lock security door (i.e., outer door to condo) -- inner door had been locked by pet sitter, but thief easily kicked it in. Pet sitter says he was not explicitly instructed to lock security door; however, owner had given pet sitter keys for both inner door and security door. Pet sitter doesn't feel he is liable, but reluctantly offers to reimburse owner for half of deductible. Deductible is $1,000 and pet sitter can't afford more than $500! Owner declines offer and is adamant pet sitter pay entire amount ($1,000). If owner chooses to take pet sitter to court what is the likelihood a judge will find pet sitter liable for entire amount of owner’s deductible? Isn’t a $1,000 deductible an unreasonable amount for the owner to expect to be reimbursed (i.e., owner made a poor decision to buy crappy insurance policy)?

Asked on 4/29/06, 1:16 pm

Zedrick Braden III Ainsworth & Associates PC

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Re: Pet sitter liable for cat owner's high insurance deductible?

Hello. In my opinion, the pet sitter is not

liable for the break-in. The issue is whether

the pet sitter was neligent. From the details

it appears that the pet sitter was not a law

enforcement or security person and it was

unforseeable that the condo owner would have

a breakin while the pet sitter was there. I would be surprised if a judge found the pet sitter liable. Also, the owner's insurance is

his business and not the responsibility of the

pet sitter.

Answered on 4/29/06, 5:45 pm

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