Question
I have lost my dog due to the negligence of a dog groomer. Groomer stated my dog collapsed while being dried. The incident based on court records occurred at 11:30am. I was not notified until 12:30pm and demanded that the groomer take my dog to a vet 3 minutes away from her store. When I arrived to inquire about what happened I saw that the groomer did not take my pet anywhere. I picked him up off the floor and raced to the nearby vet…the Vet detected a pulse and tried to save him…but she couldn’t. My question is, does the Groomer owe me a duty of care for my pet? I don’t know if it makes a difference, but she is an LLC. Thank you.
Answer
I am very sorry for your loss. If a groomer is negligent in the care of an animal and such negligence results in injury or death, the groomer can be held accountable. Since groomers should have insurance policies, a demand letter asking for compensation may avoid litigation (so can simply asking for compensation in some situations).
Proving negligence when an animal dies at a groomer sometimes (but not always) requires expert testimony, such as by a veterinarian. The failure of the groomer to take the dog to a veterinarian under the circumstances you describe may be very compelling evidence of negligence as well. It may also constitute cruelty to animals which is against the law. When suing, aggrieved people can seek compensatory damages (such as veterinary expenses, cost of the animal, etc.) and punitive damages (which are sometimes awarded when a defendant’s behavior was egregious). People can also seek damages for loss of companionship and emotional distress although these damages are not usually awarded in animal loss lawsuits (but they have been in some cases).
If there is evidence that the injury/death was caused by an intentional act, law enforcement authorities should be contacted. Complaints about groomers may also be made to state and local consumer protection agencies and better business bureaus. Some municipalities require groomers to have permits and adhere to standards. In these municipalities, complaints may also be made to the licensing agency.
Some groomers put animals in heated cage/box dryers. Doing so has caused multiple injuries and deaths. New York has banned their use. Hopefully, other states will follow New York’s lead. However, even without a specific law banning heated cage/box dryers, a groomer can still be held liable for injuries to or death of an animal in their care whether it relates to a dryer or not.
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