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Legal Ease
Legal Ease, Lawyer
Category: Canada Business Law
Satisfied Customers: 96459
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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I would like to understand who is financially liable

Customer Question

Hi I would like to understand who is financially liable for Vet expenses incurred as a result of the following incident at my Dog’s day care facility, and if the other party is responsible for the costs and if they won't pay, how would i go about escalating
this to make them pay? Situation: My dog was attacked by another dog. My dog sustained 4 puncture wounds, scratches, bruising, bleeding etc and need to go to the Vet, the other dog was untouched and did not sustain any injuries. The other dog initiated the
attack. The day care’s waiver and agreement states the following: I understand that I am solely responsible for any action caused by my dog(s) to another dog while they are at Sleep Rover Doggie Hotel & Daycare, including but not limited to financial costs
incurred at veterinarian clinics. I understand: Yes & also: I also understand that any medical, veterinary or other cost is fully my responsibility. I understand: Yes We are located in Calgary, Alberta, Canada Thank you A
Submitted: 1 year ago.
Category: Canada Business Law
Expert:  Legal Ease replied 1 year ago.

The agreement you signed is not between the parties. It is between the day care facility and the pet owner so it is not necessarily binding between pet owners though it is evidence that each pet owner agrees to be responsible if their dog causes harm.

It really depends on what happened and who was at fault if any. But if you can show that the pet owner was somehow at fault, for example, if the pet owner knows his dog attacks other dogs, then if the pet owner will not agree to cover the costs you would sue him in Small Claims Court where you could self-represent.

At the same time if the facility is at fault even though you signed this waiver you could possibly still sue them successfully. If they were grossly negligent then they cannot protect themselves by this waiver.

Customer: replied 1 year ago.
Thanks for your reply. Just to clarify a point if i could please - These 2 waiver statements seems to say different things, 1 says the responsible party should pay, the other says the owner should pay, do these statements say conflicting things?
Expert:  Legal Ease replied 1 year ago.

I had to read them a few times to tell you the truth but the intention is clear and it means that you agree to pay for the costs if someone else's dog is harmed by your dog. The second sentence simply relates to the idea that you are agreeing, more clearly, that you are responsible for the costs the other owner incurs.

Customer: replied 1 year ago.
That is interesting as the owner of the day care believes the wavier to mean that the statement to mean the owner is responsible for its own dog’s expense. Do you think there is another way to interrupt this waiver or is it possible one statement can negate the other?
Expert:  Legal Ease replied 1 year ago.

I don't believe the statements negate each other but the waiver is just between you and the owner of the day care and doesn't create any legal obligation or agreement between two dog owners.

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