Legal Question in Civil Litigation in Washington

damages to property by pet/house sitter

We hired a young lady (age 17 or 18 & honor student)to house sit & feed cats while we went on vacation for 8 days. She had been recommended by two people who knew her mother & they live near by. We returned home to discover house trashed + she neglected to do chores on list. Neighbors witnessed her allowing some of her friends access to our home when she wasn't even present, by giving them the house key or garage door opener. Some of them spent a few nights as well. Is there any legal recourse in regards to the damage she and her friends did to our home? She still lives with her parents as a dependant, so would they be responsible for her actions? Or are we SOL?


Asked on 7/13/06, 3:38 am

1 Answer from Attorneys

Gary Preble Preble Law Firm, P.S.

Re: damages to property by pet/house sitter

Kinda reminds me of the bumper sticker, "If you can read this, thank a teacher." New version: "If you hired a public school student, thank the courts and the teachers unions."

At any rate, you may have a remedy. RCW 4.24.190 at http://apps.leg.wa.gov/RCW/default.aspx?cite=4.24.190 says a parent is liable up to $5000 for their child (who resides with them) willfully or maliciously destroying or defacing property or willfully and maliciously inflict personal injury on another person. I can't tell from your facts whether her acts were willful or malicious.

You might be able to sue her for negligence, and you may be able to sue her for breach of contract; and depending on the nature of any agreement with her parents, you may be able to sue her parents for breach of contract.

You may also check with the prosecutor to see if a crime has been committed.

The first thing you should do is to get written and signed statements from witnesses who saw things happen. Take pictures and/or videos of the damage. Then itemize and calculate the damages: repair, cleaning, etc.

Then try first to work something out with her parents, though don't expect much here because the apple probably didn't fall too far from the tree.

You might also write a letter to the school naming her and suggesting she is a poor reflection on the school if she is an honor student there.

You may be able to handle it in small claims court if you get all your evidence together. Contact the district court civil clerk for the procedure.

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Answered on 7/13/06, 4:31 am


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