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Can I take legal action? Dog related trigger warning

161 replies

Ellythe · 18/08/2024 01:20

My dog is my baby. I got her 3 years before my child died and she helped me through it all and she knew him.

I am currently in the USA, waiting for a plane home 8 days earlier than planned because I got a call from the woman looking after my dog saying that her Mastiff has mauled my dog and she has lost a leg and an eye in the fight. I've seen the cctv footage and my dog walked near her dog and he lunged at her and then attacked her.

Shockingly the boarder doesn't notice the interaction between the dogs until her neighbour comes running into her house shouting because she can hear my dog yelping and screaming. At the time of the fight the person I paid to look after my dog was grooming another dog and in a completely separate area of the unit. The other person insured to look after the dogs was out at the shop and so there were 5 day care dogs and 4 home boarding dogs + her own 3 dogs.

What is my legal recourse?

I want her to pay for my dog's treatment, the flights etc.

I would never have let her look after my dog if I realised she wasn't in the same area as the dogs. I didn't realise that dogs were being left completely unattended for up to 6 hours whilst she's grooming.

For the avoidance of doubt my dog didn't do anything to cause her dog to attack her, she merely walked passed him and he just went for her.

She is 6 years old and I cannot lose her. She is the last connection I have to my child. I'm beside myself right now. This is hideous.

I need to know what to do next. Do I report to the council? The rspca? The police? I want to take any and all action I can.

OP posts:
SummerSplashing · 19/08/2024 19:04

@Ellythe

Rosie is absolutely gorgeous!!

sorry I missed your reply yesterday x

im glad she's nearby & you can visit daily, I'm sure that'll help her recovery loads, especially if you can get her to eat.

how is she doing today??

how is she managing with the loss of her leg? (Which is it?). I know cats are different, but one of ours lost his leg in an argument with a car, WE were devastated, but within a very short time he was back to his nauty game of jump on the table!! We were SO surprised (& couldn't bring ourselves to tell him off about it anymore! Thankfully only used the table for paperwork, not meals) his was his back leg too, so no idea how he managed but he did)

lots of love
xx

Shroedy · 19/08/2024 12:15

I'm so sorry to hear what's happened to your little dog, that's truly awful.

Taking a step back on the legal question, you need to establish she was negligent. That essentially involves showing no reasonable person running a home boarding business would have acted as she did and that led to the attack / it not being stopped or prevented. Although on the face of what you say you would have a good case, it's not a wholly straightforward question and you would need a lawyer to advise properly.

The more objective the measures you can evidence she breached the better position you are in - for example if there are specific provisions of her licence that you can evidence she breached (number of dogs she had in her care, for example, or oversight requirements) that's ideal as it's an objective standard. The evidence of breaching those standards are also ideally going to be objective eg if the video you have shows the number of dogs. To the extent that evidence comes from other people (eg previous incidents or knowledge of elderly / teens being left in charge), they would need to be prepared to provide a witness statement / appear in court for it to be usable in court should you get there so it can still be very useful but the objective measures are going to help you the most.

On the three days to report to insurers someone mentioned, a failure to report doesn't avoid third party claims. The possibility of her invalidating the insurance by her actions is a real one (although that itself could help as an objective standard if she hasn't met the requirements of her insurance / maintained it) but you don't know the provisions of her insurance to judge. You direct correspondence to her and she will forward on as she chooses.

JadeSeahorse · 19/08/2024 11:45

Oh wow!

I must admit I am not a massive doggie person - bit of a cat lady - but your Rosie looks adorable.

I can honestly say I have never hard of anything so horrific with regards to animal boarding. This has actually made me cry. Rosie looks so trusting and vulnerable, bless her.

You MUST push for everything you can, i.e. all vet’s bills both now and future related, all of your additional expenses including travel costs to and from vets each day, additional flights, lost accommodation, personal trauma etc. etc.

Praying your gorgeous girl recovers as well as possible. Losing a leg and an eye doesn’t bear thinking about. That mastiff needs putting down too as he will definitely do it again.

Get this neglectful bitch closed down!!! 😡😡😡

JinxBlinx · 19/08/2024 10:53

Your poor girl. Glad she has eaten and you can get her home soon.

Alot of these details sound like someone who runs boarding and day care near me, including the social media posts if so, looks like they are still boarding and have all the dogs loose so really hoping it isn't! (If it is, then sorry)

Hope Rosie is home soon

Sweetnessandbite · 19/08/2024 00:49

Aw she's beautiful 😍 Glad you got her to eat and her little tail was wagging. Poor little love. I am so sorry this has happened and all through negligence on the boarders part. Please don't beat yourself saying you should have checked this or that or put her somewhere else, hindsight can be a torturous thing. You read reviews which is what most of us would do.

Wishing your cutie a speedy recovery and hopefully this woman gets shut down.

WeaselCheeks · 18/08/2024 21:44

I'm so sorry for what you've been through - the loss of your child, and now the attack on your gorgeous little dog who helped you with your grief.

I hope that you get justice for Rosie, and are able to stop this negligent woman from being in a position to put other people's beloved family members at risk.

Ellythe · 18/08/2024 21:20

Hellskitchen24 · 18/08/2024 19:55

Wow that is horrific. I’m so sorry. The should be covered through their insurance.

This is why I only leave my dogs in kennels where the dogs NEVER interact. Not worth the risk at all. Dog daycares and boarders and so dangerous.

I completely agree! I had used them
Once before and it was all fine. However I really wish I'd gone for a kennel because yes it would be difficult for my dog not having any interaction with other dogs as she's so friendly I clearly made a mistake Putting her in this situation.

OP posts:
Hellskitchen24 · 18/08/2024 19:55

Wow that is horrific. I’m so sorry. The should be covered through their insurance.

This is why I only leave my dogs in kennels where the dogs NEVER interact. Not worth the risk at all. Dog daycares and boarders and so dangerous.

WiddlinDiddlin · 18/08/2024 19:54

If you haven't already, I'd urge you to speak to Trevor or Nik at doglaw.co.uk - they're great and really helpful dog law specialists.

So sorry this has happened to your lovely little dog.

PrettyPines · 18/08/2024 18:48

How traumatising for you and your lovely dog.
I don't usually leave bad reviews but things like this make me think we should be pointing it out when bad things happen so people at least have a chance to avoid.

LookItsMeAgain · 18/08/2024 18:48

I've read your posts @Ellythe, and I'm really pleased that Rosie appears to have turned a corner in her treatment and the antibiotics appear to be working.

In relation to your last post where you mentioned that the kennel owner was posting up to social media saying that she is the victim here, I would be sure to take photos of these posts so you can add them to your case.
I don't know if it would be beneficial to you to post up something like "Hi X, as this is now in the hands of the authorities, I don't believe that it's in your interest to be posting to social media. I've already taken a copy of this post and will be forwarding it to the relevant authorities."

At least she may get nervous and stop posting making her out to be the victim here.

Ellythe · 18/08/2024 18:42

cryinglaughing · 18/08/2024 18:32

@Ellythe I have reread your op 🤦🏻‍♀️

Does she transport the dogs to a unit, or are they always in her home?

So she said it was day care at a unit they own and then the boarding dogs go home with her but since the attack I've found out she keeps them all in her house with day care and boarding dogs mixing all day.

Since my dog was attacked I found out she also donated a client's bed to charity not realising the dog owners had given the boarder their dogs bed.

Honestly I wish I'd known all of this before I gave her my dog. It seems after it's come out about the attack loads or people have messaged me about all these things!!

OP posts:
cryinglaughing · 18/08/2024 18:32

@Ellythe I have reread your op 🤦🏻‍♀️

Does she transport the dogs to a unit, or are they always in her home?

cryinglaughing · 18/08/2024 18:28

@Ellythe I too would be beyond angry.

She sounds utterly irresponsible.

Going over her licensed numbers is reckless.

As I said previously, ask who she is insured with and get onto them asap.

Ellythe · 18/08/2024 18:21

cryinglaughing · 18/08/2024 18:11

Is she a licensed boarder?

I am a kennel owner, if her insurance is similar to mine, you (or she) needs to report it within 72 hours of the incident.

Environmental health are the department for licensing home boarders, if you are going to report, report to them but that isn't time critical. The insurance is!

Do you have proof of how many dogs she had there? Unless she has a massive house, she sounds like she had too many dogs there.
Each dog has to have their own room, so they can be split as necessary and not all rooms are classed as suitable. From the number you have given, does she have a 12 room house.

I sincerely hope your little dog recovers both physically and mentally from this, poor little love 😢

She is currently licensed but it will be suspended. I have photos of the dogs that she has in her house and I didn't realise until now that she has far too many dogs in her house.

I wish I'd done more research, on the Council's website they're listed as having 5 stars but since the attack I've had a lot of people contact me saying it was an accident waiting to happen. She regularly grooms in a different part of her house and there is no one looking after the day care - boarding dogs.

Since the incident with my dog she has
Posted so many attention seeking posts making out she's the victim because I've told her
I'll be utilising all the means available to me to make it so she can't do this to another dog. I'm so angry.

OP posts:
sunsetsandboardwalks · 18/08/2024 18:13

Rosie is absolutely stunning, bless her heart.

It's really good that she's eating and was pleased to see you - maybe now she knows you're there, her recovery will start improving too :)

kittylion2 · 18/08/2024 18:11

Ahh what a little love - it's so hearbreaking. Still they are very resilient and she knows she has you. Bless her heart.

cryinglaughing · 18/08/2024 18:11

Is she a licensed boarder?

I am a kennel owner, if her insurance is similar to mine, you (or she) needs to report it within 72 hours of the incident.

Environmental health are the department for licensing home boarders, if you are going to report, report to them but that isn't time critical. The insurance is!

Do you have proof of how many dogs she had there? Unless she has a massive house, she sounds like she had too many dogs there.
Each dog has to have their own room, so they can be split as necessary and not all rooms are classed as suitable. From the number you have given, does she have a 12 room house.

I sincerely hope your little dog recovers both physically and mentally from this, poor little love 😢

HisNibs · 18/08/2024 18:01

@Ellythe Awwww, she's a cutie

Ellythe · 18/08/2024 17:59

SummerSplashing · 18/08/2024 17:32

@Ellythe im glad you've been able to see her & she's now eaten. How far away from your home is it? Will you be able to visit daily?

where is the infection? How long do they think it will take to go, so you can take her home?

could you share a (before you went away) photo?

I hope you get some sleep tonight now you've seen her & had a cuddle xx

Thankfully the hospital is about 20 mins away from my house and I will be visiting every day until she is home.

The infection is on the wound on her leg;
And her temperature is finally coming down so the antibiotics are clearly working but as she isn't really eating she is on IV antibiotics.

Here is my wonderful dog, before the attack. She is so funny and sweet

Can I take legal action? Dog related trigger warning
OP posts:
HisNibs · 18/08/2024 17:50

allthemiddlechildrenoftheworld · 18/08/2024 17:23

@Ellythe sorry but is this someone offering home boarding or a boarding kennel??? boarding kennels should never allow the dogs to be be together! they all have to be insured and licensed with the local council who will check the facilities for hygiene and suitability for all dogs to be looked after properly.

It's a home boarder responsible for this.

HisNibs · 18/08/2024 17:49

I'm so sorry to hear about this OP and I'm glad you've seen her and got her to eat. I hope the licensing officer can give you some good guidance and I hope they strip this charlatan of a home boarder of her licence. You need to demand her insurance details and get in touch with them either directly or via your own insurance if you have it. I don't know if you're interested but the home boarding regulations can be found at Home boarding for dogs licensing: statutory guidance for local authorities - GOV.UK (www.gov.uk)
The bit you said about them being left of 6 hours+ is completely in breach of 5.9:
"Dogs must have human company. They must not be routinely left alone for more than 3 hours in a 24 hour period, or shorter intervals as necessary for the individual health, safety and welfare of an individual dog. All dogs should be observed by trained and competent staff."
The neighbour's 12 year old kid absolutely cannot be in charge of the dogs, they must be 16 as a minimum, but anyone involved must be suitably trained and competent.
Up to £10,000, you can take this to the small claims court as well but I would go for her insurance first.
Wishing Rosie a speedy recovery. Poor little mite!

RickyGervaislovesdogs · 18/08/2024 17:37

Your poor dog, absolutely report to the police and the council. Wishing her a speedy recovery- might be better to post over on legal?

SummerSplashing · 18/08/2024 17:32

@Ellythe im glad you've been able to see her & she's now eaten. How far away from your home is it? Will you be able to visit daily?

where is the infection? How long do they think it will take to go, so you can take her home?

could you share a (before you went away) photo?

I hope you get some sleep tonight now you've seen her & had a cuddle xx

AllstarFacilier · 18/08/2024 17:28

Your poor dog, I hope she’s ok