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RobertJDFL
RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 12132
Experience:  Experienced in multiple areas of the law.
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Took my dog to a the kennel over the holidays. She was

Customer Question

took my dog to a the kennel for boarding over the holidays. She was healthy when i dropped her off on the 21st of Dec.. came to pick her up on the 2nd of Jan and she is very sick.. Had to leave her over night for observation and tests.. Was told she was fine up until the day before i picked her up.. she has lost 7 pounds. the don't know what is wrong with her.... is there any legal recourse for cost of treatment.
Submitted: 11 months ago.
Category: Legal
Expert:  RobertJDFL replied 11 months ago.

Thank you for using Just Answer. I look forward to assisting you.

First, let me just say I'm very sorry to hear about your dog, and I hope that she makes a full recovery. To address your question, there could be legal recourse, yes, if you can prove that the kennel itself was negligent, resulting in your pet becoming ill. This would most likely require a veterinarian's opinion that the illness was caused directly by the kennel's actions.

I would also caution that it depends largely on what type of contract/agreement you signed when you boarded her. My old kennel, for example, had a standard waiver in it where customers had to acknowledge that it was an open environment, that the kennel would do its best to prevent illness and injury but could not guarantee it, and that waived all liability and responsibility in the event something should happen. Such disclaimers/waivers are not unusual for a business like a dog boarder to have, so you'd want to carefully re-read the agreement.

All that said, have you brought up the issue of the expense and ongoing care of your dog to the kennel and asked what they would be willing to do? They may volunteer to at least offset the costs versus risking an upset customer and potential loss of other customers and/or future business. If they are unwilling to work with you, you might also consider talking to a lawyer about drafting a demand letter seeking damages and threatening possible legal action. Sometimes just the threat from a lawyer of expensive litigation is all it takes a smaller company to try to work something out.

If you need further assistance or clarification, please REPLY and I'll be happy to assist you. Thank you.

Customer: replied 11 months ago.
thanks. That will be hard to prove wouldnt it Looks like im screwed. Not a good time of year.
Expert:  RobertJDFL replied 11 months ago.

I think assuming that there isn't a waiver of liability in the boarding agreement you signed (and I'd be shocked if there wasn't) it would be very hard to prove, yes, because with so many other dogs around, it's feasible that one of them got your dog sick. That's why I suggested talking to the kennel directly and seeing if they'd be at least willing to offset some of the costs since it did happen ultimately while your pet was in their care and they surely don't want negative publicity or to potentially lose business if people think they are getting animals sick there.

Expert:  RobertJDFL replied 11 months ago.

If you need further information, please REPLY and I'll be happy to assist you. Otherwise, kindly remember to leave a positive rating (3-5 stars) as that is the only way experts on this site are compensated for their time. A portion of your deposit is not paid to the expert until you leave a positive rating. Thank you.

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