1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Dog's Eyes Injured at Groomers Animal Injury, Dog Bite

Discussion in 'Accidents, Injuries, Negligence' started by Groover, Sep 7, 2020.

  1. Groover

    Groover Law Topic Starter New Member

    Messages:
    6
    Likes Received:
    2
    Trophy Points:
    3
    Hello, we took our dog to our usual groomers. This time when she came back I noticed within minutes she had a problem with both eyes. We took her to the vet the same day and she had ulcers covering both eyes consistent with chemical damage. Now she is on a range of treatments.

    I have spoken to multiple people who work there (none of them are the owner) and I have them recorded (single party consent state) saying she was calm and not stressed and that it "must have happened during bathing, I guess".

    What we want is a refund of the grooming costs and the vets bills, that is all. What I am concerned about is if we signed a liability waiver. I've looked and can't find a copy of one and I can't recall if we were given one to sign.

    What is the general position regarding these? How can we assume all liability when we are not present in the building and have no control over what is happening? Is that a possible line of attack against any waiver?

    Hopefully we can work it out amicably first and that is what I am shooting for.

    Thanks for any general advice!
     
  2. justblue

    justblue Well-Known Member

    Messages:
    2,003
    Likes Received:
    879
    Trophy Points:
    113

    What state?
     
  3. mightymoose

    mightymoose Moderator

    Messages:
    11,366
    Likes Received:
    1,964
    Trophy Points:
    113

    If you did sign such a document it is not your burden to produce it. One would have to be able to review the document to give any meaningful input regarding it.
    I don't think you are owed a refund for the grooming if the service was performed.
    Have you asked the groomer to cover the vet bill, or at least notified the groomer of the injury to the dog?
     
    Groover likes this.
  4. Groover

    Groover Law Topic Starter New Member

    Messages:
    6
    Likes Received:
    2
    Trophy Points:
    3
    Arizona. The forum wouldn't let me enter it as a tag.
     
  5. Groover

    Groover Law Topic Starter New Member

    Messages:
    6
    Likes Received:
    2
    Trophy Points:
    3
    Thanks for your reply. The staff know, I don't know if the owner knows yet. I am waiting until we have the final bills.
     
  6. justblue

    justblue Well-Known Member

    Messages:
    2,003
    Likes Received:
    879
    Trophy Points:
    113

    Also, what type of dog is it? What type of treatment did you bring the dog in for...just a bath or a flee/tick treatment as well?
     
    Groover likes this.
  7. mightymoose

    mightymoose Moderator

    Messages:
    11,366
    Likes Received:
    1,964
    Trophy Points:
    113

    You might also ask the vet to confirm that the injury was likely caused by the products the groomer uses.
     
    Groover likes this.
  8. Groover

    Groover Law Topic Starter New Member

    Messages:
    6
    Likes Received:
    2
    Trophy Points:
    3
    Spaniel. Just a bath and cut, no treatments.
     
  9. Groover

    Groover Law Topic Starter New Member

    Messages:
    6
    Likes Received:
    2
    Trophy Points:
    3
    The vet is going to write me a letter with their observations of the injury. I don't know what happened inside the building, only that she went in OK and came out squinting.
     
  10. justblue

    justblue Well-Known Member

    Messages:
    2,003
    Likes Received:
    879
    Trophy Points:
    113

    Ask what type of shampoo they (groomer) used (brand) because shampoo should not cause that type of damage to the dogs eye...just like people shampoo should not cause eye injuries to you.
     
    Groover likes this.
  11. mightymoose

    mightymoose Moderator

    Messages:
    11,366
    Likes Received:
    1,964
    Trophy Points:
    113

    Makes me think it was a product not intended for pets.
    If you find the exact product your vet should be able to test for allergy.
     
    Groover likes this.
  12. adjusterjack

    adjusterjack Super Moderator

    Messages:
    8,743
    Likes Received:
    2,682
    Trophy Points:
    113

    A liability waiver does not absolve professionals of their or their employees' negligence.

    If it did, doctors wouldn't need medical malpractice insurance. And they do need it because they lose negligence lawsuits all the time.

    If you don't know who the owner is, your Secty of State's office can refer you to business and/or licensing records where you can find out.
     
    Groover likes this.
  13. zddoodah

    zddoodah Well-Known Member

    Messages:
    4,498
    Likes Received:
    1,208
    Trophy Points:
    113

    Huh? Even if I assume "these" refers to liability waivers, I'm not sure what "the general position regarding" liability waivers might mean. Obviously, the enforceability of a liability waiver depends on what it says and on the applicable facts and circumstances (including the applicable state law).

    No way to know without knowing if one exists and, if so, what it says.
     
  14. Groover

    Groover Law Topic Starter New Member

    Messages:
    6
    Likes Received:
    2
    Trophy Points:
    3
    Update - my dog's eyes have healed and the groomer has reimbursed us in full for the vets bills. So all's well that ends well.

    My vet confirmed that shampoo and even dog-specific shampoo can cause eye ulcers. Best to keep any kind of shampoo away from dogs eyes. If you search for info about dog eye ulcers shampoo is one of the main causes according to several veterinary websites. I was surprised.
     
    cynthiag and justblue like this.
  15. justblue

    justblue Well-Known Member

    Messages:
    2,003
    Likes Received:
    879
    Trophy Points:
    113

    Back in the day I was a groomer...when washing near the face your hand should be under the chin and tilting the head up. The water spray should be facing down (toward the neck) from the crown of Rovers head so the soapy water doesn't run into his eyes.
    :)

    I'm glad Rover is okay now and that you were reimbursed for the vet bills. Thank you so much for updating us. :)
     
    Groover likes this.

Share This Page