Do we have a case against the daycare?

////Do we have a case against the daycare?

Question

After several months at a doggy daycare, my dog was killed by strangulation while in the daycare's custody. They said that another dog’s jaw got caught in her collar and after several attempts to separate them our dog succumbed due to lack of oxygen. There are many unanswered questions, why was her collar left on? Usually, it was removed after admission. Why was her collar not cut off? It was a cotton fabric collar, easily cut with scissors. Were they unsupervised? How did another dog get their jaw under her collar? Then after this tragedy, why were we not called right away? She was brought to the vet and there for over a half hour before we were notified. They said they revived her but then let her die peacefully as they “presumed” she was brain dead. How does one make those decisions without the permission of the owner?? There are cameras all over the establishment however, they won’t allow us to view them, except under their terms. Whilst navigating the wide realm of emotions that surround this event the “damage control” they are displaying is huge and the empathy is nil. My little girl was just over a year and full of life and promise. This shouldn’t have happened and I’m not only angry for her as it shouldn’t have happened, but this place needs to acknowledge that it did and be held to put in place procedures to not have it happen again! Thank you for any insight you can give. Best, JO

Answer

I am very sorry to hear about your dog. Some municipalities issue licenses or permits to boarding facilities so complaints may be made to that agency as well as to consumer protection organizations and better business bureaus. For example, the New York City Department of Health and Mental Hygiene issues these permits. NYC’s Health Code states: “No person shall operate a pet shop, grooming parlor, boarding kennel or training establishment for small animals … without a permit issued by the Commissioner.” The Health Code also states “No person who is charged with the supervision of a pet shop or business for the sale or offer for sale of dogs, cats or other small animals, or the boarding or grooming of small animals, or animal training, or similar type of operations, shall engage or be employed in such capacity unless he or she obtains a certificate indicating the successful completion of a course, acceptable to the Department, in the care and handling of such animals.”

In New York, complaints about veterinarians may be made to the NYS Education Department, Office of the Professions. NYS Professional Misconduct Enforcement - Complaint Form (nysed.gov)

A civil lawsuit for monetary damages may also be commenced, although I realize that no amount of money can truly compensate a person for the loss of a beloved animal.

PLEASE NOTE: Responses to legal inquiries are not meant to replace seeking legal advice from an attorney in your state. The materials in this website and any responses to questions are for informational purposes only and are not intended, nor should they be construed, as legal advice. This website, the information contained herein, and any responses to questions directed to this column are not intended to create and do not establish an attorney-client relationship. You should not rely or act upon any information provided on this website or in any response to your inquiry without seeking the advice of an attorney in your state regarding the facts of your specific situation.

Send Your Pet Legal Question Now!

Elinor will field as many questions as she can and they will be posted here on this site. Due to the volume of questions received, not all questions are answered. However, many individuals have similar questions. You may find helpful information in the categories listed below.

Ask a Legal Question

By |2024-10-10T12:01:10-04:00September 11th, 2024|