Legal Question in Business Law in New York

If a dog grooming company mistakenly gives the dog to the client's twin should they be held liable for negligence? It is similar to forgery, but the act of forgery is very well foreseeable, a twin coming to steal a dog isn't


Asked on 10/15/13, 6:44 pm

2 Answers from Attorneys
Frank Natoli Natoli-Legal, LLC

This sounds like a law school question... and the answer is of course not. Negligence considers what is reasonably foreseeable. If they are identical twins or even just siblings that look an awful lot alike then it is not "negligent" to assume it is the same person and not some deviant family member posing as them to take their pet. The cause of action should be against that person that perpetrated the fraud.

Kind regards,

Frank

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Answered on 10/16/13, 7:03 am
Paula McGill Attorney at Law

I agree with the above answer with one additional statement.

The only way it could be foreseeable would be if the owner warned the shop the evil twin would attempt to steal the dog and the shop failed to take steps after the warning to determine who was picking up the pet.

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Answered on 10/16/13, 9:01 am


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