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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
