W
windytwin
Guest
What is the name of your state? Arkansas
I boarded my dog at a kennel, and when I picked him up, he had a large bruise on his leg and vet said it was a dislocated elbow.
I went to Small Claims with completely bullet-proof information and supporting documents, including photographs of my dog's leg, veternarian notes and bills, certified letter to the kennel owner asking for vet bills to be covered, and 3 witnesses, including 2 children from my apartment complex who were with me
when I picked up my injured dog, noted he was hobbling, and terrified and skinny as well. I even had proof of long distance phone calls I made to the kennel while I was away, to make sure everything was going alright.
The kennel owner's ENTIRE testimony was: "i've been in business for 8 years. I don't know what Ms. _____ expects for $____ a day. We provide food, water and a run." They completely denied he had been hurt while there.
The judge, after hearing my testimony, did not question that my dog had been injured while in the kennel, but said that the law doesn't agree with me.
He asked me: "I assume you expected total liability on the part of the kennel for your dog while you were gone?", and since this was, of course, a NO BRAINER for me, I said, yes. Of course.
He explained that while I had what is called a contract called "bailment", that I would have to prove abuse or negligence. I felt a dislocated elbow, not even noticed by the kennel staff, is certainly negligence.
The judge said that the law does not say the kennel has total liability for what happens to my dog while in a kennel. He said what if lightning struck the building (hardly the same to me).
Short of having a video camera inside the kennel, what would I have had to "prove"? Also, what are my options here? I'm not satisfied.
I boarded my dog at a kennel, and when I picked him up, he had a large bruise on his leg and vet said it was a dislocated elbow.
I went to Small Claims with completely bullet-proof information and supporting documents, including photographs of my dog's leg, veternarian notes and bills, certified letter to the kennel owner asking for vet bills to be covered, and 3 witnesses, including 2 children from my apartment complex who were with me
when I picked up my injured dog, noted he was hobbling, and terrified and skinny as well. I even had proof of long distance phone calls I made to the kennel while I was away, to make sure everything was going alright.
The kennel owner's ENTIRE testimony was: "i've been in business for 8 years. I don't know what Ms. _____ expects for $____ a day. We provide food, water and a run." They completely denied he had been hurt while there.
The judge, after hearing my testimony, did not question that my dog had been injured while in the kennel, but said that the law doesn't agree with me.
He asked me: "I assume you expected total liability on the part of the kennel for your dog while you were gone?", and since this was, of course, a NO BRAINER for me, I said, yes. Of course.
He explained that while I had what is called a contract called "bailment", that I would have to prove abuse or negligence. I felt a dislocated elbow, not even noticed by the kennel staff, is certainly negligence.
The judge said that the law does not say the kennel has total liability for what happens to my dog while in a kennel. He said what if lightning struck the building (hardly the same to me).
Short of having a video camera inside the kennel, what would I have had to "prove"? Also, what are my options here? I'm not satisfied.