A court action that failed at the B.C. Civil Resolution Tribunal can still serve as a warning about the potential liability of your pet.
A Victoria family was sued by their friends and landlords who accused them and their dog of causing a flea “infestation” at their home. The people who sued were claiming $4,000 for fumigation, Uber fares, laundry, cleaning, vet bills, lost rent and bills, and “damages.”
In response, the dog owner said “there is no conclusive evidence they brought fleas into the” home.
“They say the fact that they contributed to some of the (family’s) veterinary expenses to treat the cats for fleas is not proof they caused the problem,” read the CRT decision.
The people filing the court action said the other family’s dog transferred the fleas to their cats, which then spread them to their home. The applicants told the respondents about the fleas and said the woman “broke down in tears, took responsibility for introducing the fleas” and promised to fix the situation, according to testimony in the CRT decision.
According to the CRT decision, the respondent “agrees they were upset by the news, but says this was because they knew what it was like to live in a flea-infested home and they did not want to move into an apartment with fleas, not because they believed the flea infestation was their fault.”
The respondent said the family with the cats let them out in the hallway often and that this “means the fleas could reasonably have come from somewhere other than their grandmother’s home,” said the CRT decision.
In the end, the CRT agreed with the respondent that it was unproven where the fleas came from and dismissed the claims.
“I find it is equally possible the cats picked up fleas from elsewhere, such as from another animal in the building or from a person visiting with a pet,” said the decision. “In short, I find there is nothing to prove (the respondent) was the source of the flea transfer.”
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