Spanish Court Says Anyone Who Agrees to Watch a Dog Is Responsible for Its Safety

The Provincial Court of Guadalajara has ruled that anyone who agrees to look after a dog assumes a duty to keep it safe and return it to its owner. That responsibility applies even when there is no written contract, no payment, or the arrangement is simply a favor.

The case concerns Canicas, a Maltese bichon whose owner left him with a friend while she went on vacation in August 2023. The dog disappeared from the property where he was staying and was never found. His owner searched using posters, social media and specialist groups before taking the matter to court.

The owner sought €6,000: €3,506.29 for veterinary and care expenses incurred during the dog’s life and €2,493.71 for the emotional harm caused by his disappearance. A lower court awarded her €1,500, including €1,000 for the dog’s value and €500 for moral damages, but rejected the claim for veterinary expenses.

The appeals court reduced the award to €500. It said the owner had not specifically asked in her claim to be compensated for the dog’s economic value, so the lower court could not award that amount. The court maintained the payment for moral harm.

The judges found that the parties had entered into an adequately established verbal custody agreement, despite their disagreement over whether the owner had paid €250 for the care or the man had simply agreed to help. The court classified the arrangement as a deposit under the Civil Code and said it did not matter whether the caretaker was a professional or received payment.

The court also concluded that the man had not shown he took sufficient precautions. Canicas escaped from the property and was not wearing an identification collar, which the judges said made it harder to find him. They held that the caretaker had failed to demonstrate that he had taken the necessary measures to prevent the disappearance or that it resulted from an unforeseeable and unavoidable event.

In upholding compensation for moral harm, the court cited the owner’s efforts to find Canicas and the extensive search she undertook. Its ruling also notes that animals are legally recognised as sentient beings, reinforcing the protection and supervision duties of people who take charge of them.

Sources: El País Economía.