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

[Groover]

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!

 

[justblue]

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!

What state?

 

[mightymoose]

I've looked and can't find a copy of one and I can't recall if we were given one to sign.

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]

What state?

Arizona. The forum wouldn't let me enter it as a tag.

 

[Groover]

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?

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.

 

[justblue]

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?

 

[mightymoose]

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

 

[Groover]

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?

Spaniel. Just a bath and cut, no treatments.

 

[Groover]

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

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.

 

[justblue]

Spaniel. Just a bath and cut, no treatments.

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.

 

[mightymoose]

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.

 

[adjusterjack]

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?

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.

I have spoken to multiple people who work there (none of them are the owner)

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.

 

[zddoodah]

What is the general position regarding these?

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).

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?

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

 

[Groover]

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.

 

[justblue]

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.

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.