Legal Question in Civil Litigation in Virginia
death of pet in groomers care
What is a groomers responsibility when a dog, being groomed, slips out of the retaining sling while the groomer is temporarily distracted and falls backward off the grooming table and strikes its head and dies? It happened in my wifes shop. The dogs owner has received TV coverage and we fear she may attempt to bring us to court. My wife has offered to replace their dog.
Thank you for your consideration.
Herb
1 Answer from Attorneys
Re: death of pet in groomers care
The key question would be whether a decision-maker (a jury or a judge) would conclude that the groomer was negligent. This is a dividing line that is far from obvious and in your example is a close call. It could go either way. If the groomer is found to be negligent, then yes, a lawsuit would be successful. (She could get sued even if the plaintiff is unlikely to win, but in this case I think the plaintiff would win IF the conduct is considered negligent).
The more difficult question is what the damages would be. Sadly, for dog lovers, a dog is not really worth very much, because a replacement can be purchased relatively cheaply (unless some special breed or the like). Sadly for dog lovers ,the law would look at the dog as property and would consider only the financial value of the dog, not the sentimental value. I don't think that punitive damages would be likely in a case like this, particularly in Virginia (California, maybe).