Can I hold my pet groomer responsible?

Question

Can I hold my pet groomer responsible for letting my fur baby catch kennel cough while there? The cough caused him to start having seizures and his little body couldn't take the seizures and I was holding him in my arms when he had 3 back to back which took his life.

Alabama, USA

Answer

I am very sorry to hear about your dog. People who believe that a groomer’s negligence caused harm to their animal can sue to try to get compensated. If the groomer had insurance and/or if the groomer acknowledges liability, it may be possible to settle the claim without the necessity of litigation. A demand letter or simply asking for compensation may resolve the dispute.

Many grooming and boarding facilities require dogs to be vaccinated to prevent the spread of kennel cough and other illnesses. A court could find that the failure to have such a policy is negligent, but a court might consider that an animal’s “parent” assumed the risk of an animal contracting a communicable disease when exposed to other animals. Also, proving that exposure caused an animal to die can be difficult in some circumstances.

Worth noting is that some local laws require boarding and grooming facilities to only accept animals who are up to date on certain vaccinations. If a boarding or grooming facility violated such a law, it is more likely they would be held liable if it can be demonstrated that the failure to comply resulted in harm.

New York City’s law, for example, states, in part:

Many diseases that affect dogs are highly contagious and the chances of transmitting such diseases are greatly increased when dogs are housed in boarding kennels, businesses or establishments. Vaccinations for rabies and other diseases are an important part of preventing disease among dogs. By requiring dog owners to provide proof of vaccination for certain common diseases before such animals are placed in boarding kennels, businesses or establishments, the City could lower the incidence of preventable diseases and help improve the health of these animals.

This law was spearheaded by Cindy Adams, a New York Post reporter, whose dog, Jazzy, allegedly contracted E. coli at a boarding facility and died.