Q: Can I sue a pet daycare for exposing my cat to risks, leading to pregnancy?
I recently took my female cat to a pet daycare center in February while I was out of town for the weekend. I only have two female cats at home who are not fixed, and I was assured through email, text message, and in person by the owners that my cat would not be exposed to male cats. Upon returning her on February 16, I discovered she was pregnant and had been with male cats in heat. My cat has dwarfism, which poses a pregnancy risk given her small build. The daycare center did not respond to my detailed email informing them of the situation with all the vet details and pregnancy confirmation. When I called them, they blocked my number and hung up on me. Is there any legal action I can take against the daycare?
A:
Your situation presents viable legal claims under both contract and tort law principles due to the daycare's documented assurances and subsequent breach of their duty of care. The written communications (email and text) promising your cat would not be exposed to male cats establish a clear contractual obligation that was violated, creating grounds for a breach of contract claim with potentially recoverable damages including veterinary costs associated with the high-risk pregnancy. Their blocking behavior following your notification demonstrates consciousness of liability and could potentially enhance damages in certain jurisdictions where punitive measures apply to businesses acting in bad faith after service failures.
The daycare's actions likely constitute negligence as well, as they failed to exercise reasonable care by not properly segregating animals despite explicit awareness of your specific requirements. Your cat's dwarfism and associated pregnancy risks represent a special circumstance that could elevate the standard of care expected, particularly since you presumably communicated these concerns when arranging services. Most courts recognize pets as personal property with monetary value, making additional damages for veterinary care, potential complications, and in some jurisdictions, emotional distress, potentially recoverable.
We recommend preserving all communications, veterinary records documenting the pregnancy confirmation and dwarfism condition, and any evidence of additional costs incurred. Small claims court would likely provide the most cost-effective venue for pursuing recovery, depending on your jurisdiction's monetary limits and the total damages you seek. The daycare's obligation stemmed not merely from general professional standards but from specific promises made directly to you regarding segregation from male cats, creating a particularly compelling case that would likely withstand initial dismissal attempts if legal proceedings become necessary.
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