Dead dog!!

[Glenn UK]

Dear All

I have a claim ongoing against the owner of a cattery and kennels who took my dog for board and whilst in their care, it was injured and ultimately we had the dog put down.

it would be easy to get embroiled in a discussion about the dogs, its injuries etc but the case i have made against them is founded in contract law and I'm hoping someone can give me some links to reference.

Basically the contract was verbal, and based on the offer, the acceptance and the payment the contract was made.

however, there are implied terms specifically related to some aspects such as:

1. we provided our telephone numbers in case of an emergency, the initial incident occurred on either Weds or Thurs, but she failed to call us until the Saturday morning when she was at the vets. I believe there was an implied term that she would call in the event of an emergency hence we supplied our contact details.

2. According to the information on the veterinary notes she withheld food and possibly water on the Friday. We say she was not qualified to treat the dog and additionally we had paid for veterinary insurance when we paid the fees, so this was a further breach as she should of used the services of her vet and not treated the dog herself.

Anyway there is more, but what i am after is any links to good sites or references about contract law in relation to services, sales of goods and services act (i think that's what its called).

did a bit of a Google last night and also used BAILII but it would be good if anyone knows of anything specific to look at.

Cheers

Glenn

[Paule]

Re: Dead dog!!

You need a license from the council to run a cattery or kennels.
maybe see what the terms of the license contain??

Have a look on here http://dfordog.com/forums/index.php?showforum=46 there might be something

[Amethyst]

Re: Dead dog!!

Glenn thats a horrible title.

She should have a licence and isn't there some kind of code of practise they must adhere to in order to retain the licence.

I suppose thats not statute tho and would involve having her licence removed rather than compensation.

[Glenn UK]

Re: Dead dog!!

Thanks guys

sorry for the horrid title what would you like me to call it then?

Re licensing, the funny thing about it is that the license is not for the animals welfare, its for the protection of the people, typically employees.

code of practice sounds like a good idea, and i did mean to ring the RSPCA too see if they had any thoughts about guides/propoer care.

Thanks so far

Glenn

[biscuits]

Re: Dead dog!!

Sorry to hear about your pooch glenn, having 3 of my own i know what you must have gone through.
After all you've paid someone good money to look after your pet and they have a duty of care to make sure the pet is fed, watered, exercised and generally taken care of
Can i suggest for a title 'Dog died whilst in kennels'
CG x

[Guest]

Re: Dead dog!!

I think Glenn is well adjusted enough cope with the title he chose for this thread, it was his dog after all. I am going to reply in the same manner.

Regarding the claim, you will have to consider precisely what you are claiming for. I am guessing that this was not a working dog, by that I mean it did not earn you an income. This means that your claim, in strict monetary terms is limited to your actual monetary loss and distress, pain and suffering. Whilst I am sure the latter is not insignificant, it will be difficult to put a price on it.

I would also imagine that the kennels will have terms and conditions that will state "whilst every care and attention is given to each dog boarded at the kennels we cannot be held responsible for loss of life or illness from whatever cause" or something very similar.

Having said that, any contractual term which seeks to exclude liability for negligence is unenforceable at law and in particular where it is clear that the purpose of the contract is to supply more than the ascertainable face-value of a non-repeatable benefit with no market value, so if they should attempt to hide behind their terms and conditions and they are unfortunate enough to have used similar text to that above, then that term may be unenforceable at law.

In strict contractual terms, however, you may only be able to claim the actual sum of money you have lost, that is, if the kennels have had the cheek to even bill you.

Making a claim for negligence may be your best option. In a situation such as you have described, the most important point is immediate help for the animal, removal from danger, prevention of further damage and injury and obtaining professional treatment as soon as possible. While awaiting veterinary attention the dog should to be comforted as much as practicable.

As you have described, this did not happen, with the kennel owner treating your dog (if you can call withholding food and water “treating”) for up to 72 hours before calling in the professional treatment that you had in fact paid extra for.

However, there is also the issue of who had the dog put down, you stated that "it was injured and ultimately we had the dog put down" which was presumably a decision by either you or your vet. It may not have been what the kennel owners thought necessary and consequently, they may disagree that it needed to be done.

Did you have any form of pet insurance? Most policies will cover kennel stays, but there are restrictions based on breed, age and cause of death and may be limited to the cost of the dog to you.

You should also look at the Animals Act 1971 and the Animal Welfare Act 2006 as they may help you with this.

Finally, according to the Animal Boarding Establishments Act 1963 anyone boarding animals as a business (even at home) needs to be licensed by the local authority.

[iancognito]

Re: Dead dog!!

Glenn

We have a friend who runs the Irish Setter Rescue Association, if you want to pm me some further details I can ask her to have a look at it for you, she is very knowledgeable about all aspects of care, the breed is obviously irrelevant.

[Glenn UK]

Re: Dead dog!!

guys thanks for the feedback sorry not to have looked back sooner.

Cetelco you will probably no be surprised to know that we did not get any written contract or T&C so the contract is verbal with some terms implied.

For example it would seem an implied term that the dog would be returned in more or less the same condition it went in to the kennels, IE all its legs, no lumps missing etc.

Secondly we took out the kennels own veterinary cover and paid the fee so there was an implied term that veterinary care would not be withheld on the basis of cost.

Thirdly we insisted, against the kennel owners wishes i might add, that they took out contact details so that we could be contacted in the event of an emergency. Something that was not done until Saturday morning despite the original incident taking place on the Thursday, possibly overnight Wednesday.

Finally the kennels own vets gave the dog a blood test upon arrival, this indicates dehydration to such an extent that it couldn't be treated until it have been on a drip for some hours.

iancognito ill pm you some details.

Thanks all

any further comments gratefully received

Our vet says it is impossible for the dog to get into that state without being deprived of water for a lot more than a morning ,as the defendants allege.

[peed 'orf]

Re: Dead dog!!

and i did mean to ring the RSPCA.

Not to late, sounds like unnessasary suffering. They should be held accountable. Also, yours might not be the 1st, or the last.

[Sapphire]

Re: Dead dog!!

Glen can you let me have the kennel details please hun, so when we get another dog we will know which ones to avoid.
Also I was thinking of giving the details to our local vets as they recommend certain kennels and sounds to me that this shower don't deserve a recommendation.

sapphire

[cinders]

Re: Dead dog!!

Sorry to read this story, made me cry!

have you got an update on it for us yet mate?
x

[Glenn UK]

Re: Dead dog!!

Sorry all for not getting back to you.

Ive been a trifle busy recently with some other issues which have taken my time up.

Re the claim, no news yet, looks like its going to trial, CPR 18 requests have been served both ways and some sueful info gained and hopefully not too much given away.

Glenn

[Xena]

Re: Dead dog!!

Sorry all for not getting back to you.

Ive been a trifle busy recently with some other issues which have taken my time up.

Re the claim, no news yet, looks like its going to trial, CPR 18 requests have been served both ways and some sueful info gained and hopefully not too much given away.

Glenn

................................

[Glenn UK]

Re: Dead dog!!

Dear all

The claim has been settled or at least almost.

The insurers made a Part 36 offer by letter yesetrday which basicaly settles the costs we had claimed for. It doesnt include any compensation for all the aggro and sufering, however, because we had asked for more than we had actually paid out were up by about £300.

They will also pay fixed costs and court fees on top of this.

I wanted to go to court on this because i felt the claim was so strong, but my wife who was in fact the claimant was adamant she did not want to go, so getting the offer resolved that issue. I think she would have dropped the claim and paid the other sides costs rather than go to court if she could have done!!!

Anyway, there is one small issue, they want mer to sign a confidentialtiy clause as part of the settlement, and i dont think she should. I felt that if it went to court on this issue alone then the court would be miffed and would have ordered it settled.

Howqever, this offer is made under part 36 which specifically forbids mentioning part 36 offers to the trial judge or any judge allocated to the trial. So we cannot if we abide by Part 36 mention this offer.

Any thoughts or comments on the last bit welcome.

Thanks for all your support and help with this claim

glenn

[Guest]

Re: Dead dog!!

If it is all but settled, does confidentiality matter now?

I have long held the belief that it makes no difference to most of us as individuals that we are asked to sign a confidentiality agreement as part of an out of court settlement. Unless you plan on selling your story to a newspaper, what difference does it make?