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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:
leapinglizard1234 · 18/08/2024 17:25

I think dogs are so much safer in kennels than other homes . You have no idea what dogs will be there and how they will react to dogs coming and going and changing ..

So sad for you though .. I hope she is ok 🙏

Dreamiesarecatcrack · 18/08/2024 17:24

I'm so sorry this has happened to your poor girl OP, I would be doing exactly as you are and pursuing every avenue for compensation and prosecution possible. This should never have happened and wouldn't have if the proper rules and procedures had been followed so the boarder deserves everything that's coming now. I hope Rosie is home soon and you can both start to heal from what you've been through Flowers

northernballer · 18/08/2024 17:24

Gosh how awful for you. My dog was attacked recently and it was horrendous so you have my sympathy.

I reported it to the police but they didn't care and while I didn't want the money (over £1k for the vet all in, I would have donated it to charity) I did want the dog in question muzzled out in public. No idea if this happened or not as I didn't know the owner just put posters up to warn other people

Really hope you get her home safe and well soon.

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.

Offcom · 18/08/2024 17:14

Oh you’ve had a terrible loss and now this horrible trauma. I’m so sorry for you and I hope Rosie recovers well.

Don’t know if this is useful at all but my pet insurance policy pays out a certain amount if my dog causes third party damage - never claimed on it, but thought I’d mention in case the dog minder has her mastiff insured.

PotterHead1985 · 18/08/2024 17:14

I am so sorry this happened to you and Rosie, and sorry for the loss of your child. I'm glad Rosie was happy to see mum and will hopefully be home with you soon.

Definitely go after the boarder with everything you can. They need paying for everything and shutting down.

Bectoria2006 · 18/08/2024 17:10

I don’t know anything about the legal side but I just wanted to send you some love as this sound horrific. Really hope the infection clears soon and Rosie can be home with you.

I would be looking at taking every legal avenue possible so she can never look after other peoples dogs again,

Marseillaise · 18/08/2024 17:08

You need to check the terms and conditions of the boarder, but it does sound as if you would have a good cause of action as it is fundamental to the contract that they were supposed to keep your dog safe. But you need to consult a lawyer with experience in this area.

Octopies · 18/08/2024 17:04

I'm so sorry and really hope your beloved Rosie pulls through. I'm not an expert and not normally a seek compensation type of person, but I would 100% take legal advice and take full action against the boarder. I'm not a dog expert, but own a couple of dogs and know leaving two dogs together unattended isn't something you should do. I find it shocking a professional would think this was ok.

EineReiseDurchDieZeit · 18/08/2024 17:01

Best Wishes OP Flowers

3luckystars · 18/08/2024 16:57

Poor Rosie, I hope she will be ok:

Pinkbendyman · 18/08/2024 16:53

I’m so sorry for everything that has happened. Your poor little dog must be so relieved to have seen you again and hopefully will recover enough to get back home soon.

I’ve worked with dogs for over 4 decades now and this is one of the worst cases of malpractice that I’ve ever heard.

I cannot believe that the council’s home boarding licence allows 12 dogs to be kept together in one person’s home. Some councils have a copy of the full conditions and requirements necessary to apply for home boarding on their website.

Good luck and I’m praying for you and Rosie 💗

AngelicInnocent · 18/08/2024 16:48

Sorry to hear this.

You need to contact the council and report the boarder to the licensing officer. They are usually part if the environmental health team but not always.

They are vest placed to ensure this doesn't happen to anyone else by removing the boarders licence. They should also be able to advise you regarding any legal action.

If you have your own insurance, they may also look at taking legal action on your behalf.

Ellythe · 18/08/2024 16:44

I'm home now. Just been to see her. She was so happy to see me. Her little tail was wagging so much. They can't let me take her home yet because she has an infection but I was able to get her to eat so that was a relief.

I've called the police and left a message with the licensing department in the local council. I've sent an email to them too. I'm going to take legal action against them

OP posts:
Killingoffmyflowersonebyone · 18/08/2024 16:40

I agree with PPs, her insurance likely won't pay out because she invalidated it. So, you'll likely have to take legal action to get your money back. I'm really sorry. I'd also be reporting her to the police and going through lawyers for everything. All contact with them saved. Copies of the contracts etc.

I really hope your dog is okay, OP.

But also I would move this to 'The Doghouse' - because you posted in AIBU and some tit will be along in a minute to tell you your dog deserved it.

ClockworkDisaster · 18/08/2024 15:57

How awful, your poor dog 😞

I have known dogs missing and eye and a leg (although not the same dog missing one of each) and they have coped really well so I’m sure your girl will be ultimately ok, but that isn’t the point. She had 4 legs and 2 eyes when you dropped her off and you kinda expect her to have all of those things when you pick her up…

ThinWomansBrain · 18/08/2024 15:28

how is she? I bet she's glad your home with her.

quickturtle · 18/08/2024 15:27

They told you to enjoy your holiday? That's shockingly awful. They should be paying for you to come home immediately for starts

sunsetsandboardwalks · 18/08/2024 15:24

my worry would be she's invalidated her insurance in more than one way.

Yes - this would concern me too and I suspect it won't pay out, unfortunately.

I work with dogs and have insurance (though I'm not a boarder) and my insurance is very clear that I must be operating within the law in order for them to pay out in the event of an accident. So if my council (for example) says they only allow 4 dogs to be walked at a time, and I walk 6 and something happens while I'm out, I won't be covered.

Similarly if I was licensed to board but didn't follow the requirements set out by my council, I wouldn't be covered and my policy would be invalid.

Fraaahnces · 18/08/2024 15:21

Honestly? You need a lawyer. I hope she’s licensed and insured. You need Judge Judy.

Do It Support GIF by OWN: Oprah Winfrey Network
SummerSplashing · 18/08/2024 15:13

@Ellythe I'm so very sorry to hear about your DS & now this happening to Rosie.

Poor Rosie 🥲 I hope she makes a good recovery from the attack (not fight. Attack!). I know it's not the point, but does are very adaptable & im sure she'll adapt to losing both her eye & her leg.

Before getting into the rest of it I cannot believe they said to 'Enjoy the rest of your holiday' on what planet?

Their insurance should cover Rosie's medical care & your expenses - flight back, cost of lost accommodation & any other bookings you'd made for other things.

my worry would be she's invalidated her insurance in more than one way.

if she has I'd be taking as much legal action as I could

id want her boarding businesss closed down -(she shouldn't be allowed to board a houseplant) & strict restrictions put on her grooming business.& her ownership of pets.

lots of love to Rosie

sunsetsandboardwalks · 18/08/2024 14:50

Firstly, I am so sorry this happened Flowers

Are you 100% sure they are licensed and insured appropriately? Because there is no way any license would allow an 80 year old and a 12 year old to be left in charge of even one dog, let alone 12 of them, nor would it allow the dogs to be left unattended for six hours.

What has happened is disgraceful and these "boarders" should end up in court for what they've done. I would also hope they lose their right to care for dogs and to even own dogs, in all honesty. This isn't a minor scuffle which can happen with multiple dogs - this is neglect.

Anotherparkingthread · 18/08/2024 14:45

Sweetnessandbite · 18/08/2024 02:27

That's even more shocking now, a 12yr old and an 80 Yr old. Completely irresponsible. I agree that it doesn't matter that your dog has been there before. The lack of supervision while the dogs were mixing is totally unprofessional.

I am sure your Rosie will be relieved to see you after her ordeal. I really do hope she makes a speedy recovery from her horrific injuries. One of my dogs had to have an eye removed (different I know but) he still managed to play football and enjoy life to the fullest. Just telling you as I was so worried about the impact it would have on him.

I can't believe they said to enjoy the rest of your holiday!

Again though re PP it is not the mastiffs fault and that wouldn't be who I would be going after.

Of course it is the mastiffs fault. Yes the owner put the dog in that situation but the dog made the decision to attack a dog that did nothing more than walked past it. Next time that could be the 12 year old from next door, or somebodies toddler on the park. The dog has a bite history now. It isn't just snap, a warning nip etc, it attacked op's dog so badly her dog lost a leg. Would you want to risk your child being permanently disfigured or killed because an irresponsible owner had been allowed to keep a dangerous dog? I thought not.

There's plenty of dogs in the world that don't bite. There's not a single good reason for keeping the dog alive. The woman who owns it can't responsibly take care of it, obviously, as she has proven, and nobody else with any common sense will want to take it on because a mastiff is that has mauled another dog is a huge liability. So what do you propose happens to it?

I worked with dogs for years, rescue, training working dogs, boarding kennels. And people need to realise that there this isn't a Disney movie with a sad dog and a redemption arc. It's a real world situation where the dog will likely go on to do this again and never ever be trusted not to.

Sweetnessandbite · 18/08/2024 02:27

That's even more shocking now, a 12yr old and an 80 Yr old. Completely irresponsible. I agree that it doesn't matter that your dog has been there before. The lack of supervision while the dogs were mixing is totally unprofessional.

I am sure your Rosie will be relieved to see you after her ordeal. I really do hope she makes a speedy recovery from her horrific injuries. One of my dogs had to have an eye removed (different I know but) he still managed to play football and enjoy life to the fullest. Just telling you as I was so worried about the impact it would have on him.

I can't believe they said to enjoy the rest of your holiday!

Again though re PP it is not the mastiffs fault and that wouldn't be who I would be going after.

Ellythe · 18/08/2024 02:01

Also I 100% will be going public once I A. Have the vets bill paid and B. Have spoken to every organisation I possibly can.

I don't care my dog has been there many times before, I don't care her dogs have been fine for months with mine.

I feel like the more I talk to people the worse it gets like they use one of their parents who is 80
To look after boarding dogs whilst the owners of the day care are out for the weekend, they also have their neighbours kid looking after the dogs if they're all out for a bit (neighbours kid is 12)

It's all stuff I wish to god I knew before I'd left my dog with them, and I'm going to write the longest email ever to the licensing department at the council.

OP posts: