Contract issue

[joe332]

What is the name of your state (only U.S. law)? NJ

I've had a dog walker coming in to my apartment for the past year. Very recently, they told me my dog was out of control and they could no longer safely handle her. My new dog sitter has said the same, and that the dog has a fear aversion to her leash. I discovered that she started having issues with anxiety several months ago and my original dog walking service decided to intentionally withhold that information from me. They watched as her behavior got worse and worse, instead of alerting me to the issue so it could be corrected, to the point where she is unmanageable (with walkers, not with me). They have a guarantee that they will provide safe, professional care to keep pets happy and stress free. By hiding the issue from me, they not only took away my ability to address the issue before it became a problem, but also made it worse and increased her anxiety levels to the point where she threatens to bite people. There was also a problem with physical mishandling of the dog. I am considering a small claims case against them for failing to provide the service they promised (a case could absolutely be made that their negligence falls under the definition of abuse). However, NJ small claims specifically excludes professional malpractice suits. This is a licensed and bonded dog walking company, and I am accusing them of misconduct, in a way, but I'm not sure if this would be considered a case of "professional malpractice" (they specifically mention doctor/dentist/lawyer, which is what I'd normally consider professional). Due to monetary claim limits in NJ ($3k) it's not practical for me to pay for a legal consultation to answer this question. I was hoping someone here might have an answer. Not looking for comments on the validity of the claim, as I have left out many details in my brief description, just if I could bring this to small claims court.

Thank you in advance.

 

[quincy]

What is the name of your state (only U.S. law)? NJ

I've had a dog walker coming in to my apartment for the past year. Very recently, they told me my dog was out of control and they could no longer safely handle her. My new dog sitter has said the same, and that the dog has a fear aversion to her leash. I discovered that she started having issues with anxiety several months ago and my original dog walking service decided to intentionally withhold that information from me. They watched as her behavior got worse and worse, instead of alerting me to the issue so it could be corrected, to the point where she is unmanageable (with walkers, not with me). They have a guarantee that they will provide safe, professional care to keep pets happy and stress free. By hiding the issue from me, they not only took away my ability to address the issue before it became a problem, but also made it worse and increased her anxiety levels to the point where she threatens to bite people. There was also a problem with physical mishandling of the dog. I am considering a small claims case against them for failing to provide the service they promised (a case could absolutely be made that their negligence falls under the definition of abuse). However, NJ small claims specifically excludes professional malpractice suits. This is a licensed and bonded dog walking company, and I am accusing them of misconduct, in a way, but I'm not sure if this would be considered a case of "professional malpractice" (they specifically mention doctor/dentist/lawyer, which is what I'd normally consider professional). Due to monetary claim limits in NJ ($3k) it's not practical for me to pay for a legal consultation to answer this question. I was hoping someone here might have an answer. Not looking for comments on the validity of the claim, as I have left out many details in my brief description, just if I could bring this to small claims court.

Thank you in advance.

I suggest you have your dog examined by your veterinarian. If there was a sudden change in your dog's behavior, that can indicate a medical issue with the dog.

I also suggest, if your dog is cleared by the veterinarian, that you get professional training for your dog. If more than one dog walking service has reported a problem, and they were unable to handle your dog after making an effort to do so, training could eliminate the problem.

I do not see that you have enough to support a legal action.

 

[joe332]

I suggest you have your dog examined by your veterinarian. If there was a sudden change in your dog's behavior, that can indicate a medical issue with the dog.

I also suggest, if your dog is cleared by the veterinarian, that you get professional training for your dog. If more than one dog walking service has reported a problem, and they were unable to handle your dog after making an effort to do so, training could eliminate the problem.

I do not see that you have enough to support a legal action.

Thank you for your concern for my dog. I am, myself, a veterinary professional which is why I understand the seriousness of the situation, and how badly a minor issue was turned into a major problem by the walking services gross negligence. As I said, I have not included all the reasons surrounding my decision to sue, since I had not intended to argue its validity here. Again, though, I appreciate you taking the time to read my post and comment. However, my original question was only if small claims would be the proper venue for this kind of lawsuit. The full complaint and details would be something I would save for court.

Thank you.

 

[Zigner]

You have no case...really.

 

[quincy]

Thank you for your concern for my dog. I am, myself, a veterinary professional which is why I understand the seriousness of the situation, and how badly a minor issue was turned into a major problem by the walking services gross negligence. As I said, I have not included all the reasons surrounding my decision to sue, since I had not intended to argue its validity here. Again, though, I appreciate you taking the time to read my post and comment. However, my original question was only if small claims would be the proper venue for this kind of lawsuit. The full complaint and details would be something I would save for court ...

A link to New Jersey's Self Help Center: https://www.judiciary.state.nj.us/prose/

Here is a link to the definition of "gross negligence:" https://www.law.cornell.edu/wex/gross_negligence

I definitely do not see any gross negligence in what you describe, and I really do not see that you have a legal action to pursue, but good luck.

 

[joe332]

I'm just going to contact the local Ombudsman, then. I thought I could get a quick answer to my question here. It appears that no one cared to read either of my posts. I'm not surprised in any way that you don't understand how I would have a case, as I have repeatedly stated that I have intentionally left out the important details of my claim as I felt it was unimportant. There is nothing in either my post or original reply that describes the damages I'm claiming or specifically how/why I feel I am due them. I was only giving a brief overview to outline the actual question, which was to verify that this type of dispute did not fall under the category of "professional malpractice" (which I'm fairly sure it doesn't). I can't really understand why everyone felt it necessary to comment on whether they thought I had a case or not, since I clearly wrote out that I don't want anyone to weigh in on it. I have no desire to write out the entire claim, or any related specifics, for the issue I'm having, and I feel no need to waste everyones time with an lengthy and complex arguement intended for court. I'm not upset at anyone, I'm sure the comments trying to discourage me were intended to save me some time, money and trouble. Don't worry, though. I am not planning on walking in to court with the poorly defined outline I have listed above, nor is the incredibly brief, and detail-deficient overview I posted the frame of my legal arguement.

 

[quincy]

I'm just going to contact the local Ombudsman, then. I thought I could get a quick answer to my question here. It appears that no one cared to read either of my posts. I'm not surprised in any way that you don't understand how I would have a case, as I have repeatedly stated that I have intentionally left out the important details of my claim as I felt it was unimportant. There is nothing in either my post or original reply that describes the damages I'm claiming or specifically how/why I feel I am due them. I was only giving a brief overview to outline the actual question, which was to verify that this type of dispute did not fall under the category of "professional malpractice" (which I'm fairly sure it doesn't). I can't really understand why everyone felt it necessary to comment on whether they thought I had a case or not, since I clearly wrote out that I don't want anyone to weigh in on it. I have no desire to write out the entire claim, or any related specifics, for the issue I'm having, and I feel no need to waste everyones time with an lengthy and complex arguement intended for court. I'm not upset at anyone, I'm sure the comments trying to discourage me were intended to save me some time, money and trouble. Don't worry, though. I am not planning on walking in to court with the poorly defined outline I have listed above, nor is the incredibly brief, and detail-deficient overview I posted the frame of my legal arguement.

We can only base our answers on what a poster decides to disclose to us. If you have facts that you prefer to keep secret, fine. Just don't expect us to find a legal action for you to pursue with details provided that show there is no legal action for you to pursue.

What I have bolded above in your post makes no sense, by the way.

And you have been provided with a link to small claims actions in New Jersey. I suggest you read and learn.

Good luck.