Is this groomer/dog spa liable for the the dog’s injuries?

Question

1. Dog was first time customer for grooming at dog spa, a 6 1/2 year incident free thriving business in Miami Dade Florida.
2. Dog was stray adopted by owner 3 weeks prior to dog grooming appointment.
3. Groomer asked if dog had special needs. Owner responded skiddish, but nothing about jumping.
4. Dog kept in waiting area with other dogs.
5. Dog ran into fenced property and jumped over 6' fence surrounding dog spa property. Dog then ran and jumped over 5.5' fence surrounding vet clinic outside the 6' fenced property. Dog ran into street and was hit by car and injured.
6. Groomer immediately brought dog to vet where it was treated for injuries. Groomer paid.
7. Dog owner is claiming groomer was negligent.
8. Attorney sent letter to groomer for all future and past injuries for dog.

Florida, USA

Answer

A court could decide that a groomer did not exercise reasonable care when a dog in the groomer’s custody escaped the groomer’s facility and sustained injuries. Groomers have an obligation to properly supervise the animals in their care.

Consider that the dog may not have displayed his/her jumping prowess to his new “parent.” It might not matter in this instance even if he/she did. It is very possible a court would order the groomer to pay for veterinary expenses related to the injuries the dog sustained. It is unlikely a court would order the groomer to pay for prior injuries (unless exacerbated by the injuries the dog sustained when escaping the grooming facility) or unrelated future injuries. A veterinarian may estimate future veterinary expenses based on the injuries the dog sustained when the dog escaped the grooming facility.

The groomer should have insurance coverage. Perhaps a reasonable settlement can be reached. I hope this dog makes a full recovery.