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that’s true. a groomer is not a vet. even when you go to the vet, many people who may handle your pet have no training whatsoever if something were to go wrong. my vet trims my pets nails for free though. since i keep up with all the shots/vaccinations, they see my pet enough to keep the nail problem under control so i don’t need a groomer. i’m not saying it’s possible or realistic for everyone to do the same, but if you call a vet, they will trim your pets nails for a very nominal fee. after reading your post, i’m thankful i do. i have a shih-tsu too. he’s a nervous wreck and hates his nails clipped! trying to do it myself was not a solution either. he moved to much and i was afraid of injuring him. not to mention he actually tried to "nip" me a few times. i just let the vets deal with it now. if something goes wrong, at least someone is there that knows what they’re doing..
Actually the vet isn’t much better at it. I asked them to do it since she was afraid of the groomer and they took her in the back and had someone do it. They made her toe bleed and she has clear nails, it’s obvious where her quick is. So it took a while before I could set her on the counter at the vets. I had to hold her while they examined her for the next year. She’s a little better now, she stands on the counter but must have front paws on my chest while being examined.
But your right, if your going to have someone else do it at least the doctors are there if something goes wrong. Geez, I hate going off subject when her dog is gone, what if’s aren’t going to help. Maybe they will help others reading the posts though. I would just die if my Angel passed away.
i agree, that’s why i pointed out even at a vet people that handle your precious pet are not always trained as well as i think they should be. i’d just rather take my chances there. nothing against most pet groomers though. i’m sure there’s some really great one’s out there. they’re just not equipped in most cases for an emergency though.
Hello all,
Yes, it is true that I am an attorney licensed to practice in the State of Vermont. Truth be told, I have never tried a case such as this but, if all statements in the original blog are found true, it does seem as though arguments may be made towards negligence, maybe emotional distress (not sure though…don’t quote me). Unfortunitely it is true about animals being property. However, if the emotional distress argument holds up, a jury would relate, and who knows what they would award, people would sympathize with this case, and that’s even if it goes to trial, most cases settle.
Since I’m relatively inexperienced in that area of the law, I suggested consulting with an attorney in your state that would know more on the issue. I honestly think your tragic scenario should be used as an example!It would be great if you could get a jury trial instead of just a judge deciding or a settlement. With a jury they would sympathize with your, half of them probably own a dog. More states are realizing that a pet is more than just a pet. Especially for elderly people living alone, the pet is their child (even for all the rest of us).
A jury trial would be sweet…but unfortunitely unlikely as I would venture a prediction that the groomer would not want the bad press and would offer a settlement amount that may be too good to pass on. As this event was most definitely an emotionally draining one, it may also be best to accept a settlement offer, aside from the business decision side of it, so that the person can begin their grieving process. Litigation is long and can drag out for years, that would mean continually re-living the event for those years as well. For many, that is too hard to do.
i do agree, but winning a case of "emotional distress" over the loss of a pet would set a precedent and allow the "flood gates" to be opened. even if a jury awarded damages, the judge would probably overturn it. i love animals, but can you imagine how overwhelmed our system would become if everyone who ever lost a pet could sue? in cases of extreme negligence though (such as i believe this case may be) i think there should be some legal recourse. right now though, it’s just wishful thinking. you’re right though, in order for any change, people need to still challenge and not just be cynical like me. :-)…….
I wouldn’t suggest you’re cynical..just realistic, as you may very well be right. The only fact that may differentiate this case from others, thus stopping the "flood gates" as you call it, is the element of presence. The client was present during the entire event. I do agree it may be a stretch….but who knows…maybe this is the case the U.S. needs to alter the role courts prescribed for pets. There are already laws protecting animals, which could be argued to have already started the quiet revolution of amending the definition allocated to pets. The only remaining question is should all pets be removed from the category of property…only dogs? only dogs and cats? Shouldn’t it then extend to the crickets fed to pet snakes thus making that a form of animal cruelty… it?s a tough slippery slope. I in no way think I’m right, only offering my humble opinion.
Well we could start with dogs and then go on to other animals. Attorneys settle anyway most of the time because when the plaintiff has a good case with proof positive that what is alleged happened actually happened, the defense has no recourse but to settle. The defendant is going to lose and both attorneys and the Judge know it. Seems like you have some pretty good proof in this matter. And I would imagine the plaintiff would be very believable. I would do it. Somebody has to start somewhere with our animals otherwise they are treated like property. Don’t you think the person who lost their dog goes over it and over it anyway. It only takes one person with a good case to change the law.
The groomers should have stopped grooming the dog if it was in such extreme distress, but if you did not tell them to stop, then I can’t really see how the groomers were at fault. I’m sorry for your loss, but I really doubt the advice of contacting an attourney about this matter is a good idea. The groomer’s job is to groom the dog, and I highly doubt anyone anticipated such an outcome in this tragic situation.
Dear Holtho,
You certainly are entitled to your opinion.Holtho, Are you kidding me. If you were taking care of someone be it an animal or a child and it clearly was in danger, would you just do nothing to help? Was the owner in the room when the dog was getting his nails clipped? That is a good question? I guess I just assumed the owner was not in the room, or she would have stopped the procedure.
I just reread her original post. She said that they actually had her medical records with them. Do most groomers ask for medical records or did she give it to them so they would be careful? It sounds like they either called her and told her what was happening or she was in the waiting room. When she got to him he was foaming and vomiting. They did not offer to take him to the vet for her, but did tell her there was one down the road. She had to come back and ask them to help because she couldn’t find it. By the time she got to the vet he was dead. It sounds like she knew something like this could happen so she was prepared by giving them the medical records, but since they are not doctors they ignored them. sounds tragic. They should be liable since they accepted the medical records which leads you to believe they know what to do in case of emergency. Sue, Sue, sue..
Hi I’ve nicked dogs nails before that’s not what makes them scared it’s the owners freaking out going "omg poor baby" which tells the dog to be worried. As for the other posts i’ve read i would definetly do something about these groomers or the salon in general, are you even sure they had a certificate to prove they know what their doing? We have groomers where i live who have never taken a course they just decided they could do it and then i get calls asking to fix whatever happened. It’s SO STUPID!!
Anna
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