Legal advice: Groomer injured the dog
Legal advice: Groomer injured the dog
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Discussion

Shabs

Original Poster:

1,866 posts

229 months

Thursday 6th August 2009
quotequote all
Bit of a random one but would like to get the views of the PH massive on where I stand.

My uncle's dog was staying at our place and we took him to a grooming place in St John's Wood London, it is also a Pet store, located just of the High Street. During grooming there was an accident and they chopped open the dogs leg, I don't know how they managed but it was a 2.5 inch cut on a Shi-Tsu sized dog (so like a 3rd of his leg, about 2 cm deep!). They gave the dog back to us, informed us of the "nic" and said that he should be fine.

I got home and the dog wasn't fine so we called the Salon and told them we needed to take him to the vet. They said fine and asked us to use a specific vet, also in St John's Wood. We did so, the vet glued the leg closed. Five hours later (in the middle of the night) the wound opened and the dog was in a lot of pain so we took him to the local vet up the road, Village Vet, who were absolutely amazing.

Due to the slightly bodged previous attempt at medical care and because the wound was now a day old, they had to put the old boy under general to properly fix his leg and the bill came in at around £800. Subsequently the dog made a full recovery smile

Now the groomer is accepting accountability for the injury but refuses to pay the vet claiming that the bill is too high. Because we took the dog to the vet, the vet bill is in our name and the vet is looking for us to pay. I have had many conversations with the Groomer and the woman is mental, she yells at me and goes around in circles about it is her accountability and not my issue - when I ask why she hasn't paid, she rants that it is too expensive and isn't going to pay. I say that the vet will ultimately take me to court and she says then I should pay. She also refuses to even call the vet to discuss the bill and doesn't answer or recall discussion when they call her.

Anyway, today after another abusive call to my wife, I called her and conferenced in the vet and they had the same circular conversation that I have been having for 2 months (the bill is way overdue). The vet, realising what we have been going through, has offered to get one of the directors of the surgery to call her on Monday - I don't expect he will have much success, but excellent customer service from them.

To my mind, my options are as follows:

1) Pay up now and then take her to court (small claims). What is the view, will I win? How long does a small claims success take to actually get your money back? Can I claim damages in excess of vet bills (time off work etc)

2) Ask my pet insurance to pay and then let them get her to pay and just swallow the excess and premium increase? (not sure if this will even work)

And yes, the Vet has photos and a very detailed record of events

Shabs

Jasandjules

71,983 posts

252 months

Thursday 6th August 2009
quotequote all
Give the Groomer seven days to pay up in full or issue county court proceedings.


Shabs

Original Poster:

1,866 posts

229 months

Thursday 6th August 2009
quotequote all
Thank you and will do biggrin

blueg33

44,831 posts

247 months

Thursday 6th August 2009
quotequote all
moneyclaim online is your friend. Its the online way to use the small claims court, and works a treat

lady topaz

3,855 posts

277 months

Thursday 6th August 2009
quotequote all
I would hazard a guess she has no liability insurance so you may have to claim from her directly which you should through the court. Is she qualified? I doubt it. Good luck and dont let her get away with it.

mas99

4,912 posts

207 months

Thursday 6th August 2009
quotequote all
Jasandjules said:
Give the Groomer seven days to pay up in full or issue county court proceedings.
Yes. but pay your vet now. Ask your vet for a written report detailing the injury and the poor previous treatment. If you have to pay them for this just add it to your claim.

V8mate

45,899 posts

212 months

Thursday 6th August 2009
quotequote all
Surely the problem is with the first vet's handiwork? The owner of the grooming parlour can't be held responsible for his poor treatment.

Halb

53,012 posts

206 months

Thursday 6th August 2009
quotequote all
V8mate said:
Surely the problem is with the first vet's handiwork? The owner of the grooming parlour can't be held responsible for his poor treatment.
But it was the groomer in the first place who bayoneted the poor dog. That person is ultimately responsible, esp since they advised to go to said first vet.

Tiggsy

10,261 posts

275 months

Thursday 6th August 2009
quotequote all
I'm not surprised the groomer is moaning...£800 for a small cut? Never heard of supper glue? My dog (a BIG lurcher) has his leg REMOVED at the hip for £800.

Doesnt seem reasonable to me.

mouseymousey

2,642 posts

260 months

Thursday 6th August 2009
quotequote all
You will definitely win. It's clearly negligence on the part of the groomer.

Not sure how long it will take to get your money though. I think she'll have 30 days to pay if found to be at fault but that doesn't mean you'll get the money by then.

Maybe you should ask her for the name of her insurer and contact them directly, assuming that a) she has insurance and b) she will tell you who they are.

johnfm

13,745 posts

273 months

Thursday 6th August 2009
quotequote all
I expect £800 vet has taken the piss, knowing an insurance co would pick up the bill.

Ridiculous cost for a cut to a leg.

Soovy

35,829 posts

294 months

Thursday 6th August 2009
quotequote all


It's a dog.

If you really must waste court time with a claim over a dumb animal getting a cut leg, then www.moneyclaim.gov.uk is your friend.

But really, a DOG GROOMER?


Take a look at your life.

Martial Arts Man

6,703 posts

209 months

Thursday 6th August 2009
quotequote all
Soovy said:
It's a dog.

If you really must waste court time with a claim over a dumb animal getting a cut leg, then www.moneyclaim.gov.uk is your friend.

But really, a DOG GROOMER?


Take a look at your life.
Little dogs could do with grooming every now and again, especially if they are mostly "inside dogs" as many smallies tend to be.

They don't just trim the fur to make little Poofy look like she's just returned from Crufts; the service usually includes having nails trimmed, anal glands cleaned etc. To be honest, for the £20 usually charged, it is worthwhile.


Soovy

35,829 posts

294 months

Thursday 6th August 2009
quotequote all
Martial Arts Man said:
Soovy said:
It's a dog.

If you really must waste court time with a claim over a dumb animal getting a cut leg, then www.moneyclaim.gov.uk is your friend.

But really, a DOG GROOMER?


Take a look at your life.
Little dogs could do with grooming every now and again, especially if they are mostly "inside dogs" as many smallies tend to be.

They don't just trim the fur to make little Poofy look like she's just returned from Crufts; the service usually includes having nails trimmed, anal glands cleaned etc. To be honest, for the £20 usually charged, it is worthwhile.
If they'll clean my gland for 20 notes, can I have their number? I normally have to pay a Thai girl 450.


Martial Arts Man

6,703 posts

209 months

Thursday 6th August 2009
quotequote all
Soovy said:
Martial Arts Man said:
Soovy said:
It's a dog.

If you really must waste court time with a claim over a dumb animal getting a cut leg, then www.moneyclaim.gov.uk is your friend.

But really, a DOG GROOMER?


Take a look at your life.
Little dogs could do with grooming every now and again, especially if they are mostly "inside dogs" as many smallies tend to be.

They don't just trim the fur to make little Poofy look like she's just returned from Crufts; the service usually includes having nails trimmed, anal glands cleaned etc. To be honest, for the £20 usually charged, it is worthwhile.
If they'll clean my gland for 20 notes, can I have their number? I normally have to pay a Thai girl 450.
My Chihuahua groomer is Chinese....that close enough?

Shabs

Original Poster:

1,866 posts

229 months

Thursday 6th August 2009
quotequote all
Thanks for comments - and don't mind Soovy, he likes cleaning the anal glands himself hehe

Seriously though, the cut COULD have been treat for far less had:

1) The groomer taken the dog to the vet as soon as it happened
2) The first vet done a better job

The cost was due to:

1) The wound going bad and needing to be "cleaned" (meaning cut away more of the leg)
2) A general anisthetic to facilitate the above and cleaning
3) Antibiotics to control the infection
4) An overnight stay at the vet - and don't forget that the wound opened at 11pm, any out of hours medical stuff, human or not, costs a ste load

Initial letter requiring payment in 7 days or I behead issue a county claims to the woman drafted

Shabs

Jasandjules

71,983 posts

252 months

Thursday 6th August 2009
quotequote all
V8mate said:
Surely the problem is with the first vet's handiwork? The owner of the grooming parlour can't be held responsible for his poor treatment.
It would be for the Groomer to take action against the first vet, or Part 20 the first vet in any proceedings.

"But For" the Groomer cutting the dog the animal would not have needed any treatment.

Oh, OP, make sure you put a copy of the vet's bill in the letter you send to the Groomer requiring payment within seven days and then send this recorded delivery so you have proof. In actuality, when the 7 seven days are up, then it's wise to send a second recorded delivery letter demanding payment of the money and stating that in the event of non-compliance proceedings will be issued without further notice. That allows you to show the court you gave them a couple of chances before issuing a claim.

Shabs

Original Poster:

1,866 posts

229 months

Thursday 6th August 2009
quotequote all
Jasandjules said:
V8mate said:
Surely the problem is with the first vet's handiwork? The owner of the grooming parlour can't be held responsible for his poor treatment.
It would be for the Groomer to take action against the first vet, or Part 20 the first vet in any proceedings.

"But For" the Groomer cutting the dog the animal would not have needed any treatment.

Oh, OP, make sure you put a copy of the vet's bill in the letter you send to the Groomer requiring payment within seven days and then send this recorded delivery so you have proof. In actuality, when the 7 seven days are up, then it's wise to send a second recorded delivery letter demanding payment of the money and stating that in the event of non-compliance proceedings will be issued without further notice. That allows you to show the court you gave them a couple of chances before issuing a claim.
Thanks for that, I will do. It does make sense to do this twice and registered mail is a must. The vet is being very helpful and has provided us with a DVD containing detailed notes on what happened, bills, follow-ups to the mental dog woman, photos of the procedure... I taste the blood of a loser

Edited by Shabs on Thursday 6th August 20:09

Chrisgr31

14,212 posts

278 months

Thursday 6th August 2009
quotequote all
Shabs said:
Thanks for comments - and don't mind Soovy, he likes cleaning the anal glands himself hehe

Seriously though, the cut COULD have been treat for far less had:

1) The groomer taken the dog to the vet as soon as it happened
2) The first vet done a better job

The cost was due to:

1) The wound going bad and needing to be "cleaned" (meaning cut away more of the leg)
2) A general anisthetic to facilitate the above and cleaning
3) Antibiotics to control the infection
4) An overnight stay at the vet - and don't forget that the wound opened at 11pm, any out of hours medical stuff, human or not, costs a ste load

Initial letter requiring payment in 7 days or I behead issue a county claims to the woman drafted

Shabs
I was going to seek confirmation as to whether the vet had been called out in the middle of the night. So if the work was done at 11pm then the bill doesn;t seem to bad.

Shabs

Original Poster:

1,866 posts

229 months

Thursday 6th August 2009
quotequote all
Chrisgr31 said:
Shabs said:
Thanks for comments - and don't mind Soovy, he likes cleaning the anal glands himself hehe

Seriously though, the cut COULD have been treat for far less had:

1) The groomer taken the dog to the vet as soon as it happened
2) The first vet done a better job

The cost was due to:

1) The wound going bad and needing to be "cleaned" (meaning cut away more of the leg)
2) A general anisthetic to facilitate the above and cleaning
3) Antibiotics to control the infection
4) An overnight stay at the vet - and don't forget that the wound opened at 11pm, any out of hours medical stuff, human or not, costs a ste load

Initial letter requiring payment in 7 days or I behead issue a county claims to the woman drafted

Shabs
I was going to seek confirmation as to whether the vet had been called out in the middle of the night. So if the work was done at 11pm then the bill doesn;t seem to bad.
Surgery went from 12am to 4am, dog was admitted at 11pm