Legal Question in Business Law in Washington

Small Business Liability

My wife runs a small dog grooming business out of the home. A repeat customer brought his dog in for a groom. This dog had been to the house several times and with the owner's permission, he was allowed to go into the backyard and play with our dog. The dog ruptured a tendon while running, there were no holes, large drops, dangerous objects or anything of the like in the yard. I tried my homeowner's insurance as a source to cover the vet bill (over $2700 and growing) but Allstate says that it was just an accident and I am not liable. He said that even though it was dealing with the groom business, the run in the backyard was not something I would be liable for unless there was some extenuating circumstance. Anyway, I feel bad for my former customer (he has made it clear he will not be coming back) and I tried to arrange a plan with him, but he is insisting on having me pay for everything and now is threatening ''pain and suffering'' costs for his entire family. I have never been threatened like this before and am scared that he will force me out of my business or even my home. Am I liable for this unfortunate accident? Any help would be greatly appreciated.


Asked on 3/05/09, 4:55 pm

1 Answer from Attorneys
Susan Beecher Susan L. Beecher, Atty at Law

Re: Small Business Liability

From what you have explained here, I don't think you are liable. From what you describe, there was no hazard in the yard, your dog did not cause the injury to the other dog, and you were not negligent in any way. It sounds like the owner is upset about the injury to his pet, and feels sure that somewhere, someone should have to pay for this. Sometimes, things happen that aren't anyone's fault, and the sufferer can't just point to the nearest bystander and demand compensation.

People can threaten all kinds of legal action, but first they have to find an attorney who would be willing to handle it (or they have to be prepared to represent themselves) and the attorney has to find a basis in the statutes or in caselaw to proceed with a suit. Otherwise, don't try to reason with this person.

You have offered to try to assist, which is kind of you. Since that is not enough, I would encourage you to move on with running your business. If you are served with papers, get an attorney.

As a protective measure for the future, you should consider getting business insurance to cover this kind of thing. (The carrier for your homeowner's insurance might be willing to write such a policy.) You should also consider having an attorney draw up a release. A well crafted release should not scare your customers out of coming to you, but should make clear that you are not responsible for the consequences of a dog being a normal dog. Finally, you should be sure that all of your licensing is in order. A customer like this could make things difficult for you if he discovers that it is not.

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Answered on 3/05/09, 5:20 pm


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