John Doe starts a small dog-walking business ABCWalkers, not an LLC, in NYC. Does NYC require a business license and/or registration for ABC? If yes, and ABCWalkers is neither a NYC licensed or registered business, what does it mean for ABC?
2. ABC has only a small number of clients. John walks dogs himself; and maybe one or two PT guys when needed. Is John Doe a sole proprietor ? Are the PT guys who work for him employees who would get W2s?
3. ABC’s one-page nondescript website claims they are insured through and a member of XYZ Associates. XYZ website does not verify ABC’s claim.
4. While James is walking a dog for an ABC client (dog owner): Who is liable for any (a) injury/death accidentally sustained by the ABC client’s dog and/or James? (b) any injury sustained by people/other dogs (e.g. dog bite)?
Note: Accident through NO negligence by dog walker.
5. Through NO fault by James, who is liable for any injury he sustains or any damage made to the owner’s house while James is in the dog owner’s house to pick-up/bring back the dog?
This reads like a bar exam question!!
So you ought to sit down with an attorney that deals with either personal injury matters or insurance defense matters to get a real understanding of the way dog bite law. It is a very special niche in Colorado.
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
I would suggest you meet with a business formation specialist to advise you on how to best limit your liability. Sometimes it is best to incorporate and purchase some sort of errors and omissions policy to limit your exposure. Anyone can ultimately be sued for anything, and you want to be able to just turn over the problem to your insurance company for defense without having to worry about it. The animal's owner is likewise on the hook for all injuries and damage caused by the animal, but presumably that person's homeowners' policy would pick up the defense.
This comment is intended for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by way of this communication.
If you've been bitten by a dog, see an experienced personal injury attorney immediately. Most offer free consultations. You can easily find one of us on Avvo. Good luck.
This answer is given for informational purposes only. It is not legal advice, and should not be relied upon as such. You should consult a qualified attorney in your jurisdiction for a formal legal opinion as to any legal issues you may have.
If this is a NY case, as it sounds, you need to speak to NY lawyer
The content of the this submission is intended to provide general information on the topic presented, and is offered with the understanding that the author is not rendering any legal or professional services or advice. This submission is not a substitute for legal advice. Should you require such services, retain competent legal counsel.
Sounds like a school homework assignment which we are not here to do, but best to get a big insurance policy.
ABC and John Doe both need a good insurance policy and an experienced attorney.
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