Q: Can I take legal action against my doggy daycare for my dog being injured under their care, twice?
I take my dog to daycare during the week, she was injured during their care and had to have ankle surgery, they explained that they weren't sure what happened and it was a complete accident, I said fine, paid a few thousand $$ for her surgery and moved on to recovery, she was doing perfectly fine walking and getting mild exercise, now just yesterday I dropped her off and she came back home injured again with a severe limp on that same leg and the daycare swears they are not responsible but they refuse to show me security tapes. What can I do?
A: The facility has an obligation to exercise reasonable care in conducting its business in a safe manner. You haven't pointed to any unsafe practices or incident. The fact that your dog was injured is not evidence of negligence. Dogs run, jump, play, wrestle, sometimes snarl and fight. Sometimes they get injured. If you have evidence of negligence, you might have a claim. The laws applicable to pet boarding facilities are set forth in Health & Safety Code section 122380. If they were in violation of any of these requirements, and that violation led to the injuries of which you complain, you might have a claim, which would ordinarily be in Small Claims Court. leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB945
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