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Dog groomer applied a flea tick treatment from a major manufacturer.

 
Sydney-Lawyer's Avatar
  • Answered by:Sydney-Lawyer
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Customer Question

Dog groomer applied a flea tick treatment from a major manufacturer. Dog has has a major reaction for four days now. (not mobile, large burnt patch on back, screaming and chasing tail, generally very distressed) Manufacturer has said is aware the active ingredient causes this issue in a small percentage of dogs but percentage is not enough to re formulate product.

 

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State/Territory: Qld

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Submitted: 292 days and 3 hours ago.
Category: Australia Law
Value: AU$69
Status: CLOSED
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Expert:  Sydney-Lawyer replied 292 days ago.

Good Evening,


Are you the owner of the dog?

Are you asking whether you have an action against the dog groomer and/or the manufacturer of the product?

Does the product have a warning that it be tested 1st before applying to the animal?

Customer replied 291 days and 23 hours ago.

I am the owner of the dog. He was brought for my daughter as part of re socialisation after she had completed chemotheraphy. (she is three).

Moto, the dog, has been in severe distress for four days now with constant crying and scratching and this has been 24/7. He has be unable to walk around or stand up. It has been a hugely stressful time as there is no escape from his distress and of course this has lead to huge stress for my daughter who has been unable to get near Moto for four days. He has a huge burn mark on his back and is now showing signs of losing strength in his back legs. I have had to carry him outside to toilet and he has aside from that not left his kennel for four days.
I have printed out and looked at the MDS for the product and can not find anywhere regards XXXXX XXXXX except in cats. It does say "on rare ocassions reactions on dogs may include skin sensitivity, scratching and agitation or lethargy.The manufacturer has acknowledged they are aware this type of reaction occurs in a small amount of cases. My vet has dealt with several cases of this nature and mid term this can then go on to cause back cancer in the effected dog. The groomer has offered to pay for the vet bills that are quite minimal at this point and we are hoping the dog, Moto, will not need to be put down, he is only just twelve months old. But he has been to the vet twice and does not seem to be able to get relief.


I want to know what action I can take against the manufacturer as they have a "Culture" Quote: be accountable for actions and results, successes and failures. They know their product affects a small percetage of cases and I think they should be accountable for those cases. The product is not safe.

Hope this helps

Accepted Answer

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Expert:  Sydney-Lawyer replied 291 days and 23 hours ago.

Good Evening


It is a question of product liability.

You need to have the groomer provide you with the bottle they used of the flea treatment to see what the warning on it is.

If the groomer failed to read it and follow it then it is the groomer at fault and liable not the manufacturer.

Here is a product liability guide that explains the Australian position and you should read chapter 7.

http://www.consumerlaw.gov.au/content/the_acl/downloads/product_safety_guide.pdf

The manufacturer may be protected if they have placed warnings on their product. Then liability falls on the groomer for not heading that warning to see if the dog would be affected.

I hope this is of assistance. If you have any further questions please do not hesitate to contact me.

Having answered your question I would like to explain how I am paid for my work. The rating given by you, for my answer will decide whether or not I will be paid for my work.

At the end of this post you will see 5 faces asking you to rate my work. Selecting either of the 2 the unhappy faces means you are not happy with my answer and do not wish me to be paid for my work. The other 3 mean I am paid.

I would prefer you rate me at the very end of our session not after each response. This way I can be sure you have an answer that assists you and you can rate the whole experience.

If you want more information after I respond, or wish to have something cleared up, select "Reply so Sydney-Lawyer" or "Reply to Expert" and we can continue until you are satisfied.

I am here to assist you as quickly as possible, and you rating each post will delay the process as it does not tell me what the issue is. I would prefer you ask me questions than rating the response and not providing me with further questions.



Expert TypeSolicitor
Category: Australia Law
Pos. Feedback: 96.1 %
Accepts: 16751
Answered: 7/5/2012

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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