Legal Question in Civil Litigation in Florida
Injured Dog
We took our 6yr old husky to a large chain pet store for grooming. The groomers were informed that he had arthritis and to be extra careful with him. After a couple hrs. they called for us to come get him and said he wouldn't get up. We had to carry him out (he walked in). We were told they didn't know what happened to him. We took him to our vet who gave us muscle relaxers and told us to come back if no improvement. No improvement so we were referred to a specialist who after some test/xrays; recommended surgery. After 8000.00 in vet bills we are still dealiing with therapy and he still can't get up or walk on his own. The store paid the first vet bill and told us that he fell on the tile floor while being bathed, but now says that because of his age and arthritis; what happened could have happened anywhere. We feel we may have a good case to take to court but don't know how to procede in suing a large corporate chain. Who do we serve, etc. This would be small claims.
2 Answers from Attorneys
Re: Injured Dog
It does not sound like a good case to pursue. It also sounds like there are more damages than small cliams would allow. You would serve the registered agent of the corporation. They must register an agent with the state.
Re: Injured Dog
I'm sorry to hear about your dog's injury. I cannot determine for you whether the groomer was negligent so as to make it liable for your dog's injuries. There are some facts which would need to be clarified, such as how "the groomers were informed" the dog was fragile (did you tell them or include it on a written form), actual causation of the fall in the bath to your dog's injury (initial vet visit, time which elapsed in between visits, vet report and testimony), and any release or terms of service you had with the groomers. Also, if the groomer did injure your dog, it will need to be determined how much they are liable for damage to him (dogs are not people under the law). You will need to do more than present a court with an injured dog and a vet bill to obtain a judgment. You will need to present a real case, conduct discovery, present evidence and testimony at trial, etc.
To sue a corporation, you name the corporation as the defendant, and you serve the registered agent and/or officer of the corporation at the address listed in their state business registration records (can be found on-line). If the injury occurred in Brandon (according to your zip code), the case would need to be filed in Hillsborough County Court. Small claims cannot exceed $5,000, so to claim the whole amount, you would need to file in the County Civil Division which hears claims up to $15,000. See the Clerk of Court website for forms and other information.
Best of luck,
Sarah
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