Vet lost our dog and threw us out

[BelizeBreeze]

What do you mean I relied on the vet for ordinary care that I did not take myself? I'm confused by what you mean by that.

O.K. answer this question. You had 1 or more dogs at the vet's office. What measures did you take to control the animals?

 

[Turbo&Auto]

They both had harnesses on and the dog that was lost had a mussel on at the time. She can be weird around strangers, so we were playing it safe. When the dog was lost, she still had the mussel on

 

[BelizeBreeze]

They both had harnesses on and the dog that was lost had a mussel on at the time. She can be weird around strangers, so we were playing it safe. When the dog was lost, she still had the mussel on

Then was it the leash you provided? If not, why did you not walk the dog yourself when you had knowledge of the need from the vet's employees?

now do you get the point?

 

[Turbo&Auto]

I see what you're trying to say. She never told us she was taking the dog outside. She said she was taking her downstairs to take her blood. Then she took it upon herself to take the dog out. We would never bring a dog inside without making sure she was walked first. Its QUITE embarassing to have your dog goto the bathroom in someone's house or office.

Another vet I talked to said they NEVER walk dogs on the owners leash for this kinda reason. In case something happens to the dog they want to say they took every precaution.

 

[BelizeBreeze]

I see what you're trying to say. She never told us she was taking the dog outside. She said she was taking her downstairs to take her blood. Then she took it upon herself to take the dog out. We would never bring a dog inside without making sure she was walked first. Its QUITE embarassing to have your dog goto the bathroom in someone's house or office.

Another vet I talked to said they NEVER walk dogs on the owners leash for this kinda reason. In case something happens to the dog they want to say they took every precaution.

but you never answered who's leash it was. Regardless, you seem to be getting it. ORDINARY care was exercised. That's all the vet needs to show. You cashed the check. Mitigation of damages.

you will be lucky to even get this to trial.

 

[Turbo&Auto]

Oh sorry, yes it was our leash.

I'm getting that feeling more and more. This is just a waste of time. I just hate feeling helpless and thats all I can feel now. There really is no recourse for this at all. The state wont do anything and it sounds like a suit will just eat up my time and money. This really just sucks......

Thank you all very much for the help in trying to think this thru with some legal logic behind it. I appreciate the help and quick replies

 

[BelizeBreeze]

Oh sorry, yes it was our leash.

I'm getting that feeling more and more. This is just a waste of time. I just hate feeling helpless and thats all I can feel now. There really is no recourse for this at all. The state wont do anything and it sounds like a suit will just eat up my time and money. This really just sucks......

Thank you all very much for the help in trying to think this thru with some legal logic behind it. I appreciate the help and quick replies

Try dealing with 52 Persian Longhairs (all Grand Champions), three Hunter Jumpers and two giant purebred winning Chows at the same time. Oh, and I forgot the other two pedigree animals, two teenaged daughters.

 

[Turbo&Auto]

I'm about to have a daughter which is honestly scaring the crap out of me with this whole vet story.

We have 6 dogs now. Min-pin, doxie mixes. They're a lot to take care of, I cant imagine THAT many. Theres a spot for you in heaven

 

[BelizeBreeze]

I'm about to have a daughter which is honestly scaring the crap out of me with this whole vet story.

make sure HER leash is a bit stronger

 

[Turbo&Auto]

You better belive it

Thanks again for your help

 

[jdmba]

First, you may have a case for negligence. The definition of negligence is causing injury (monetary or otherwise) due to a breach of duty. Did the vet have a duty to handle your dog with reasonable care? Did the vet breach that duty? As a result of such a breach, did you suffer an injury?

Second, the fact that you took the $350 check does not necessarily mean that you are "even" with the vet. If a court determines that your dog is worth more than $350, obviously you would be entitled to the difference if you won a negligence case.

The one good piece of advice you got is to consider the expense associated with litigating the matter. You could wind up spending quite a bit more than you might win.

 

[Zigner]

First, you may have a case for negligence. The definition of negligence is causing injury (monetary or otherwise) due to a breach of duty. Did the vet have a duty to handle your dog with reasonable care? Did the vet breach that duty? As a result of such a breach, did you suffer an injury?

Second, the fact that you took the $350 check does not necessarily mean that you are "even" with the vet. If a court determines that your dog is worth more than $350, obviously you would be entitled to the difference if you won a negligence case.

The one good piece of advice you got is to consider the expense associated with litigating the matter. You could wind up spending quite a bit more than you might win.

Oh Brother - I can't wait to see what the REAL attorney in this thread has to say to you

 

[Turbo&Auto]

Which is what my lawyer also told me. I'm honestly not worried about what money I would get or spend(within reason). I just want this lady to incur some kind of loss.

What you're saying about the negligence is kinda what my lawyer is saying too. BUT she's saying the actual value of the dog is whats in question and that determines EVERYTHING in this particular case. We did raise these dogs from their first breath which can make an arguement for a family member.

BUT on the other hand, I'm hearing what Belize is saying and honestly both make sense to me. I may just follow thru with the DJA and see what happens.

 

[jdmba]

I doubt you'll get far arguing that the dog was a member of your family. While the judge will likely be sympathetic, the law treats pets as personal property. $350 dollars may be close to what the dog is worth.

However, sometimes suing for principal is worth the cost of litigation. That's a personal decision you'll have to make.

With regard to the responses you got in this thread, unfortunately, my advice is to ignore most of it. Generally, you'll find that people here pass judgment based on the few facts that you share, and offer little in the way of substantive legal opinion. This is because most are not attorneys. The stuff about summary judgment and being required to pay the other side's legal fees is nonsense.

 

[BelizeBreeze]

First, you may have a case for negligence. The definition of negligence is causing injury (monetary or otherwise) due to a breach of duty. Did the vet have a duty to handle your dog with reasonable care? Did the vet breach that duty? As a result of such a breach, did you suffer an injury?

Second, the fact that you took the $350 check does not necessarily mean that you are "even" with the vet. If a court determines that your dog is worth more than $350, obviously you would be entitled to the difference if you won a negligence case.

The one good piece of advice you got is to consider the expense associated with litigating the matter. You could wind up spending quite a bit more than you might win.

The ONLY comment I'm going to make regarding your post is that if you knew what you were talking aobut you'd be an attorney. The court may in fact determine that the dog is worth more than $350. That DOES NOT however, mean that the poster will have a chance of recovery. And to suggest otherwise is to act irresponsibly on this forum.

The poster has gotten the same advice I would give her had she sought me out and sat in my office.

As for you Turbo, if you feel my advice is not relevant you are (and should) consult with more than one attorney and ask not only the points I gave you, but also the cost of such litigation, the proof involved and the proximate cause of the loss including your associated liability.

IF, after all of that, you decide to continue to suit, that is your right. But even the most competent attorney cannot tell you that you WILL win or you DO have a strong case.

As I said, in my opinion, the vet HAS been harmed. She doesn't have your business any longer.