My dog was injured in Feb. 07 at a top-notch doggy daycare when he slipped on some ice in the fenced-in outdoor area. This facility is mostly an indoor daycare with a small area outside that has artificial turf. They normally keep the outside area clear of snow and ice, but for some reason that day they didn't. When he slipped he let out a loud yelp and would no longer put weight on his left, hind leg (According to their staff). They called me to pick him up due to the injury and freely volunteered the information about the ice. However, they also added, out of the blue, that Gus was an aggressive out-of-control dog, as if blaming the dog's behavior for the injury. The surgery to fix his torn ligament was $3500.
One year later, I decided to give the daycare another try making sure no ice was present in the outdoor area. Sure enough, the one time I bring him back to daycare, he does it again to his other hind leg. Not as severe, only a partial tear, but he still needs the same surgery to fix it. This time the daycare did not say anything. They may not have even noticed. It wasn't until I got him home that I noticed him limping. He is scheduled for surgery this week.
The daycare is LLC. Do I have any basis for a claim? The first incident in my mind is negligence for not clearing the ice. I'm not sure if would pursue anything for the second incident due to not having any witnesses to how it happened. I asked them last year if they could help with the cost. They declined. Do you think a letter to them with itemized costs and implying I am considering legal action would get them to help pay.
One year later, I decided to give the daycare another try making sure no ice was present in the outdoor area. Sure enough, the one time I bring him back to daycare, he does it again to his other hind leg. Not as severe, only a partial tear, but he still needs the same surgery to fix it. This time the daycare did not say anything. They may not have even noticed. It wasn't until I got him home that I noticed him limping. He is scheduled for surgery this week.
The daycare is LLC. Do I have any basis for a claim? The first incident in my mind is negligence for not clearing the ice. I'm not sure if would pursue anything for the second incident due to not having any witnesses to how it happened. I asked them last year if they could help with the cost. They declined. Do you think a letter to them with itemized costs and implying I am considering legal action would get them to help pay.