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'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.