Legal Question in Civil Litigation in Illinois
Dog hurt
Our husky went to work with our daughter at a doggy day care. Our daughter had to do other work so she put our 17 month old husky in a puppy run. Our dog was injured by chain link fence tie wraps. Our dog is a jumper and was able to jump and catch herself on a metal wrap. We did not know that she was cut that day because of the dense fur. We did see that our dog was hurt and thought she just pulled something. 3 days later we went to the vet and found out our husky was cut. Our daughter did look at the run and found the wraps that were sticking out and our daughter fixed them so no other dog would get hurt. Our daughter did not show the owner before she did it. We took the $1700 vet bill and copied them and gave them to the owner of the doggy day care. She informed us that it is the resposablity of the worker to keep an eye on their own pet and to bring a pet is a perk of the job. She informed us that she had no intention to pay. We never turned in the waver. So, is the owner responable for the equipment inside the business? Are we able to collect on the vet bills? Should this be done in small claims court?
2 Answers from Attorneys
Re: Dog hurt
Yes, it would be handled in small claims court. However, as was indicated in the previous response, your legal expenses may make it not worth pursuing, especially if the owner of the business' insurance fights it very much. I would ask for their insurance information and contact the insurance to try to make a claim before filing suit. That may be enough to make the owner willing to pay - at least a portion of the bill. You will, obviously, have some difficulty proving your case, particularly since it was not brought to the attention of the owner or anyone on the premises the day it occurred and that your daughter "fixed" the likely area in which it occurred prior to showing the owner/giving notice. Also, if you know that your dog is a jumper, there is some contribution on your part by not having adequately checked the safety of the enclosure prior to putting the dog in it. But, I would certainly consult an attorney (there are many out there who will give you a brief consultation and will let you know how much they think you might be able to recover, if at all, and their fees).
Re: Dog hurt
Small claims court is probably the best place to file a lawsuit. Even if your daughter brought the dog in while she was working, the business owner may still be liable depending on the circumstances.
I would recommend talking to an attorney. You will have to decide whether the cost of legal assistance is worth the amount you could recover, but you should at least talk to an attorney to help you make that decision.
Please feel free to give us a call.
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