Legal Question in Criminal Law in Missouri

My friends asked me if I would dogsit for them for two weeks for $100 and i needed the money so i told them that i would. A week after I was dogsitting, while I was gone the house got burglerized and their television and my labtop was stolen. I did leave the window slightly open while i was going to give the dogs some air and because it was hot inside of the apartment and it had no ac at the time, now they want for me to buy them a new televsion or give them payments. I do also think that the people that did this knew the house and may have even been in the home by invitation, one of the suspects believe that I had even allowed in, however the same suspect that I believe had something to do with the crime they(my firends) told me it was ok that he came over. I just want to kno if i owe them. I believe that this may go to small claims court. I did make a police report,about the incident, and now they are harassing me because they want at least 100dollars after they didn't pay me the money they owed me for dogsitting. they owe me 50$ and 40$ because their dog bit me and i had to go get it checked out.


Asked on 11/05/10, 11:41 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Based upon what you have written, I don't think you owe them any money. And I do think they owe you the agreed $100 fee plus the $90 for medical bills.

I see no reason to believe you intentionally helped the burglar, so if you are liable it can only be for negligence. Perhaps leaving the window slightly open while you were away was negligent, though I don't think it was under the circumstances. But even if you were negligent, your negligence was not the proximate cause of your friends' losses. Those losses were proximately caused by the intentional actions of the burglar. Normally even a negligent person is not liable for the harm caused by a third party's intervening intentional conduct.

As far as I can tell you dog-sat as you had promised, so you are entitled to the $100 they agreed to give you. And unless you are somehow at fault for the dogbite, I don't see why you should have to absorb the medical bills. (You do have to pay the bills, but I think your friends should have to reimburse you.)

Note that if your friends sue you, their suit will only involve their claim against you. You will need to file a cross-complaint if you want your claims against them added to the case.

Good luck.

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Answered on 11/10/10, 11:56 am


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