Legal Question in Civil Litigation in Indiana
Dog Grooming Suit
A friend of mine works in a grooming shop. A
customer said that she had ''wrenched'' her dog's
neck while grooming the dog, and it required
$2,500.00 worth of veterinary care which included
a ''major'' operation by a veterinary specialist.
My friend has been grooming for years, and this
is a first for her. The shop where she works
has a liability policy, but the insurance person
refuses to honor the policy stating that it only
covers grooming of ''show dogs''. The local agent
said that the policy is supposed to cover ''all
dogs''. My friend said when the dog left the shop
after she had groomed it, there was absolutely
nothing wrong with the dog except for a pre-existing
red spot on the dog's back that she pointed out to
the owner. Does she have any legal recourse since
the dog's owners are demanding that she pay the
$2,500.00 for their dog? The shop's owner (not
my friend) is the one with the liability insurance
policy. Thank you for any answers.
1 Answer from Attorneys
Re: Dog Grooming Suit
Just got this message today 10/3/01. Because I do not know of any specific action that the dog owner has taken, my answer can not be specific. Generally, an employee who is acting within the scope of her employment is not liable for any negligent actions (and we are not assuming she did any). Usually what whould happen is the dog owner sues the grooming business, and the insurance company has an obligation to defend the business. It sounds like either the boss of the business is lying about the coverage or the insurance rep is. I can not believe the owner would obtain insurance that only covers damages to "show" dogs. If that is the case though, then the grooming business would still be sued (and possibly your friend individually) and each would have to get their own attorney to defend the action. However, I beleive the dog owner would have a tough time proving that the injury occurred in the normal course of the dog being groomed. But your friend may still have to hire an attorney and shell out some busck defending it.