# My dog was viciously attacked at a boarding kennel



## MayzieGSD (Aug 28, 2006)

Back in November I had to travel for work and boarded my two shepherds for a few days. Long story short, another dog attacked my Gracie while under their care and she sustained a shattered femur (open spiral fracture) with multiple deep bite wounds to her leg and lower belly - teeth marks on her bone. She had surgery and had a plate and screws to repair her femur and then a few weeks later it became infected and the vet discovered an area of dead skin and tissue and infection on her inner leg. A bunch of skin and tissue had to be removed and it was left as an open wound and she needed frequent vet appointments and bandage changes every couple days in the beginning. The vet thought she would need a skin graft but it healed exceptionally well and she does not need the graft. Needless to say, this whole ordeal has been a nightmare

The vet bills resulting from this attack, including the surgery, ER visit, etc, came to around $9500. The kennel owner paid the initial deposit to get her to the ER vet (around $1100) and I had to pay the rest to get her transported and arrange for surgery and then for the multiple follow up visits to treat the infection. This is not including a vacation I had to cancel where I didn't get a refund, the flight that I had to book to come home early from my work trip, etc - we are only asking they pay the vet bills.

The kennel owner initially took responsibility for the incident and was very apologetic except now that we are asking him to pay the remaining vet bills, they are resisting - initially claiming they don't have the money but now are trying to say they are only 1/3 responsible and that Gracie was partly to blame. The story we were told from the beginning was that a worker was bringing another dog into the fenced area and Gracie jumped up to greet the worker and accidently landed on this dog who then retaliated by attacking her. Gracie did nothing to instigate this attack. And now I found out they have been continuing to allow the dog who attacked her out with the other dogs at daycare.

We have been very accommodating up until this point because the boarding facility is also a rescue and a home to many un-adoptable dogs but I am losing my good will toward them by this point.

So I guess my question is is does any have any experience with a situation like this or advice on the best way to proceed. Small claims? Lawsuit? Should the owner of the dog be held responsible?


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## btfloyd (Oct 11, 2017)

While I'm no attorney, there are a few things I would consider if it were me: 

1) I'm from Illinois, so this may be different for you, but small claims suits here are capped at $10,000. If filing fees, attorney fees, vet bills, rehabilitation costs, etc, that you are seeking reimbursement for are going to cross the small claims limit, and it seems that it might, you probably need to look at other options. 2) Does the kennel not have insurance to cover things of this nature? If not, why not? 3) For what legal reason would the owner of that business not be liable for events that happen on their property or under their supervision? 4) If there is a known problem with a dog being aggressive, even if only in defense, would they not have an obligation to take precautionary measures with that specific aggressor? 5) You should definitely talk with an attorney to learn more about what options you have and to get advice on how to proceed.

Just remember, this is my two cents - which isn't worth much - and I gave it to you for free.


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## Pytheis (Sep 23, 2016)

Your dog was under the boarding facilities care. It is ultimately their responsibility, and they absolutely should pay the vet bills. I would contact a lawyer for sure.

Depending on your location, small claims court can have an insanely low cap. I know of some states where you can only get up to $3,000, which is not enough for you. A lawyer would know the best course of action.


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## tim_s_adams (Aug 9, 2017)

Sorry to hear you and Gracie had to go through such a nightmare! Glad to hear she seems to be healing well though.

I don't have any first-hand experience with something like this, but if you paid these people for boarding your dog the burden to keep your dog safe falls on them entirely. If it were me, I'd be talking to a lawyer, as I would think you'd be entitled to recover any and all reasonably connected expenses, including your airfare and missed vacation. I would expect an attorney would sue both the facility and the dog's owner, since both are at fault to some extent, and you might not be able to recover all expenses from the boarding facility alone. 

Good luck, and best wishes for Gracie's speedy recovery!


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## cheffjapman (Jun 8, 2017)

My non-expert opinion:
I don't think the other dog's owner should be held responsible. Unless this is a trained attack dog or has a history of violence, they had no knowledge or expectation that this would happen. They were under the assumption that their dog was being cared for. Heck...are they even aware that their dog attacked another?

I do, however, think that the kennel is 100% responsible. Unless you signed a waiver, dissolving all liability from them; you were paying for a service with an expectation that your dog would be returned in the same condition. The kennel should have insurance to cover this sort of thing; and as a business, I would think they would be required by the state to carry it.

Honestly, I would see if there are any lawyers in your area that will talk to you for free. But I believe a suit is in order because you will sue for current expenses, a settlement for future expenses and also pain and suffering (even if this is only $1...it has to be settled otherwise you can come back at any point and sue a second time for pain and suffering). I think that would go over the small claims limit.


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## Thecowboysgirl (Nov 30, 2006)

This is horrible. I can't fathom letting a dog who had caused injuries this serious continue to be in a group daycare.

I can sort of see both sides...on the one hand dogs get in scraps over stupid stuff sometimes and unless a boarding facility allows zero contact between dogs, something is gonna happen sometime.

However, for a big double coated dog to sustain injuries like you describe, this was obviously a very serious fight or attack (did the other dog have any injuries?) That they are letting that dog continue to be in daycare does sound negligent

Legally, I think the only thing that makes sense is to contact a lawyer. I assume you signed something when you left the dogs to board. You should get a copy of that document and take it to the lawyer and let them tell you what your options are.


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## Springbrz (Aug 13, 2013)

I agree with all the previous responses. Also, check your local laws. In some states it is the law that boarding facilities are legally responsible for ALL vet expenses related to injury while in the facilities care. If that is the case where you are and they still refuse to pay I would contact your local city, states attorneys office. As others have suggested, get a lawyer.

I'm so sorry this happened to your Gracie. Sending healing thoughts for continued recovery.


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## Nurse Bishop (Nov 20, 2016)

Is pain and suffering for animals a legal thing?


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## MineAreWorkingline (May 2, 2015)

"...the boarding facility is also a rescue and a home to many un-adoptable dogs".

I agree with whoever said that is a lot of damage on a dog the size of a GSD.

Was this one of their rescue dogs? If it is, I would also be worried about it being adopted out to an unsuspecting public.

Perhaps, before you pay for a lawyer, if you let them know you are planning on taking this to the media they may decide to do the right thing.


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## MayzieGSD (Aug 28, 2006)

Thecowboysgirl said:


> This is horrible. I can't fathom letting a dog who had caused injuries this serious continue to be in a group daycare.
> 
> I can sort of see both sides...on the one hand dogs get in scraps over stupid stuff sometimes and unless a boarding facility allows zero contact between dogs, something is gonna happen sometime.
> 
> ...


Yes, I do think we signed something a couple years ago, the first time we used the facility for boarding. I do not have a copy of it but I can try to get one.

And no, I do not believe the other dog had any injuries, or at least I was not informed if they did. I also do not believe that the owners of that dog are aware of the extent of the damage that their dog did. And I think they should know what their dog is capable of. The kennel owners 'didn't want them to feel bad'.


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## MayzieGSD (Aug 28, 2006)

MineAreWorkingline said:


> "...the boarding facility is also a rescue and a home to many un-adoptable dogs".
> 
> I agree with whoever said that is a lot of damage on a dog the size of a GSD.
> 
> ...


No, this was not one of the rescue dogs. This was a dog who was there for boarding or daycare.


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## MayzieGSD (Aug 28, 2006)

They also said we can sue them but they have nothing. No money or assets, so we wouldn't get anything. (whether this is true or not, I don't know)
And that if we made a claim against their insurance, they would be shut down.


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## Pytheis (Sep 23, 2016)

It sounds like they are trying to guilt trip you into not taking any legal action. IMO, this sounds like a place that needs to be shut down. I would not feel bad at all after the way your dog was hurt and they have treated you.


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## Nurse Bishop (Nov 20, 2016)

The boarding kennel >>> working the sad violins>>>


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## cloudpump (Oct 20, 2015)

There is nothing you signed when you boarded your dog?


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## MayzieGSD (Aug 28, 2006)

Pytheis said:


> It sounds like they are trying to guilt trip you into not taking any legal action. IMO, this sounds like a place that needs to be shut down. I would not feel bad at all after the way your dog was hurt and they have treated you.


Part of the reason why I do feel bad/guilty going after them is that both of my dogs lived at this facility (for a year!) before I adopted them - - the local gsd rescue works with them to take dogs who they don't have foster homes for...


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## Springbrz (Aug 13, 2013)

Nurse Bishop said:


> Is pain and suffering for animals a legal thing?


Not a lawyer or legal expert but I would think no. Animals are considered property under the law. Property can't have pain and suffering under the law. If a dog were a show, competitive sport or breeding stock dog than I think it would be possible to get additional damages based on loss of value of the dog.

If it can be proved that the boarding facility knew there was a danger with the offending dog and acted negligently then there could be a case for damages to the the owners of Gracie other than the vet bills along with criminal charges.

Had a case of a dog attack that killed a young dog at a boarding facility where I live recently. Was the second incident in a few months. Place was found liable to pay all vet bills (state law). It was shut down by court order and the owner and manager were found guilty of negligence and animal cruelty in one case and the other is pending last I know.

I will say that the media coverage brought by the dogs owner played a huge role in exposing the bad practices at this above mentioned facility. The cases have also prompted legislation on the state level for better regulation of boarding facilities in Virginia.


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## MayzieGSD (Aug 28, 2006)

cloudpump said:


> There is nothing you signed when you boarded your dog?


I do believe we signed something a couple years ago when we first boarded Bruno. I don't have a copy of it and they are so disorganized I am not sure if they could even produce it.


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## Springbrz (Aug 13, 2013)

MayzieGSD said:


> They also said we can sue them but they have nothing. No money or assets, so we wouldn't get anything. (whether this is true or not, I don't know)
> And that if we made a claim against their insurance, they would be shut down.


Get a lawyer. Sounds like there is more going on here than they are telling you. Maybe this isn't the first time this boarding facility has had to make a claim with their insurance or had a complaint against them.
They didn't tell the other dog owner so they won't feel bad...that's a BS answer. They have, if not legal, a moral obligation to tell the other dog owner their dog was involved with a serious attack. Are you 100% sure this dog isn't one of their unadoptable rescues? 

I'm not a fan of social media attacks and such but, in cases like this, if you want to skeletons to come out of the closet social media and local news media coverage will do the trick. Something to think about. *OP if you should decide to go this route be very, very certain to never say anything publicly (verbally or written) that you do not know to be 100% certain and truthful.* Just the facts as you know them.

Don't let them make you feel guilty for wanting them to take responsibility for what they are responsible. Advocate for yourself and your dog. They are trying to protect themselves without regard for you or their other clients.


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## btfloyd (Oct 11, 2017)

MayzieGSD said:


> I do believe we signed something a couple years ago when we first boarded Bruno. I don't have a copy of it and they are so disorganized I am not sure if they could even produce it.


There are instances where signed waivers do not apply. So, even if you did sign something, it may not be valid. That's why you need a competent attorney. I also have a hard time believing that by suing their insurance - who likely would sue the other dog's owner if possible to recover their expenditures - the kennel would go out of business. I mean, sure, their premiums will go up, but its not like medical malpractice insurance. My bet is that they don't have any.


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## Pytheis (Sep 23, 2016)

I do agree to be very careful about what you say about this on this forum or any other online site. It may be best for this to not get into a big discussion at all other than, "Get a lawyer."

Also, if you did not sign something for THIS SPECIFIC boarding, I would think that they have zero standing to say you signed off all obligation for them. I am not even close to an expert, so again, I would suggest you get a lawyer.


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## cheffjapman (Jun 8, 2017)

Nurse Bishop said:


> Is pain and suffering for animals a legal thing?


I would agree with the above response. In my post, I was referring to the OP's pain and suffering. OP has experienced lost income, increased financial responsibility, losing non-refundable vacations, all of which resulted in mental anguish (ie, pain and suffering).


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## ausdland (Oct 21, 2015)

So sorry to hear this, I hope your dog has a full recovery! The kennel is responsible.


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## Aly (May 26, 2011)

OP, I'm so sorry to read what happened to your dog. I hope that she's recovered fully from all of this. Small claims courts limit how much you can sue for. So, at $9k and counting, I'd bet that you're above the limit in many jurisdictions. Check your local laws and/or speak to an attorney about this (See #2, below). As to the boarding kennel, I'd be surprised if they didn't have insurance to cover things like this --- most places that I've used do have such insurance coverage. As a previous poster noted, if filing a claim means that they'll be shut down, there's likely to be a reason for that (e.g., prior incompetent management resulting in prior legal judgements against them). That alone might be a good reason to take them to court and could bolster your case too. Either way, it's "Not your monkey, not your circus..."

In any event, I'm another nonlawyer, but here's my free advice:

1. Stop talking to the boarding kennel. Any and all future communication should be in writing, preferably from the lawyer (see #2 below). Prepare a summary describing (in as much detail, including dates and times, as you can muster) the incident, when you were notified of the dog fight, by whom and how, subsequent contacts w/the boarding kennel to obtain reimbursement for your vet related (and other) expenses and the responses you received. Best to have this prepared, even in draft form, before you meet with an attorney.

2. Talk to/hire a lawyer. See if you can't work out some kind of contingency fee (think that's what it's called) whereby either the lawyer gets a cut of the judgement OR you're able to attach the cost of legal fees to the judgement you request of the court. Jurisdictions have different procedures about this, so check with the atty.

3. Get the vets to provide detailed description of what shape your dog was in when they first saw her (photos would be great), what surgeries were required, what aftercare was required and what the long term prognosis is for your dog. You also want detailed copies of the bills you paid, for same. 

4. Stop discussing this issue on this or any other website/forum/facebook/email. At least, until you've filed a lawsuit (if that's what you decide to do). At that point, you can decide, with your lawyer, whether it's wise to involve any social media --- and, if so, which and how.

5. In the very near future (like, tomorrow), have a friend (unknown to the boarding kennel) approach them about possibly boarding a dog. Ask your friend to get a copy of whatever passes for a boarding agreement. If you later ask for a copy of what you signed (which your lawyer may suggest that you do), don't be surprised if they "can't find it." 

6. Make a list of all of the costs for which you seek reimbursement, including the cancelled vacation that was not refunded and any add'l vacation expenses that you cannot recover. Assemble receipts for each of these expenses. 

7. If you do hire a lawyer, save yourself some $$ and find out whether and what credentials boarding kennels must have in your state. It's often under some ag office. If credentials/licenses are required, you can check to see whether they have a history of legal complaints against them which can strengthen your case. 

Good luck.

ETA: The boarding kennel is clearly and probably solely responsible. Stop listening to their blather and take them to court.


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## Magwart (Jul 8, 2012)

cheffjapman said:


> I would agree with the above response. In my post, I was referring to the OP's pain and suffering. OP has experienced lost income, increased financial responsibility, losing non-refundable vacations, all of which resulted in mental anguish (ie, pain and suffering).


Pain and suffering for pets is an emerging issue. This article gathers some of the approaches that are being applied in various states:
https://www.animallaw.info/article/overview-damages-injury-animals-pet-losses

The geographic variation in approaches makes it very important to have a lawyer who understands these issues well under local law. OP, I would call the state bar association and ask if they have an animal law section. Contact the chair of that section and ask for a referral to someone with expertise in tort law as applied to pet companion animals. It's not a generalist subject -- or even something most PI lawyers are likely to know about. If that doesn't work, contact the Animal Legal Defense Fund (http://aldf.org/), and ask them to help you with a referral.


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