Legal Question in Personal Injury in Washington

My dog is suffering from poisoning from a flea dip medication that my dog groomer used on her. I did not request a flea treatment nor was I contacted prior to the treatment - they did not have my consent. The active chemical in the brand they used is known to cause neurological/organ damage in dogs and cats. My dog is now being hospitalized and I am incurring a large vet bill as a result. I would like the groomer to have to pay for the vet bills but I am not sure if they would be liable. I have never signed paperwork that explicitly gives them consent to use a flea treatment on my pet.


Asked on 2/08/10, 10:53 pm

1 Answer from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

At the outset, you have a lot of problems in this situation. First, let's assume you sue the groomer in small claims court (if the damages are less than $4,000). If so, you will not be allowed to have an attorney represent you in court. Second, you will need to prove that you did not ask for the flea bath. The best way is to have paperwork that shows what you ordered, so hopefully you have a copy of your invoice. Third, you need paperwork that shows they gave the dog a flea bath. They may have admitted it to you now, but in court, don't count on them admitting they gave the dog a flea bath. If they deny it, you'll need a way to prove it. Hopefully, your bill lists "flea bath" as a service they charged you for. Fourth, you will need something from the veterinarian to prove that the reason your dog is now ill is because of the flea bath. He needs to state this finding "to a medical certainty" which is a medical standard that says there is no other reasonable explanation for this illness. Your vet will need to do so in either a sworn declaration or through in person witness testimony.

At the end of the day, depending on your vet bills, it may be cheaper to let this matter go because of the costs, time and effort you will put into pursuing this in court, where you are by no means guaranteed to prevail.

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Answered on 2/16/10, 10:29 am


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