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  • Petsmart Groomer Being Sued

    http://kron4.com/2016/11/22/couple-s...y-killing-dog/

    SAN MATEO (KRON)—A San Mateo dog groomer and the national chain he worked for were hit with a lawsuit Tuesday by the owners of a dog that died after what was supposed to be a routine nail clipping last May.

    KRON4’s Maureen Kelly talked to the owners who are still grieving their loss, and their attorney who says the company PetSmart has a long list of complaints involving animals being injured or even killed by their groomers.....
    Coordinators post updates to the message for grooming events, members contests, PG.com Classified Ads, GroomerTALK Radio shows and PG.com Magazine online.

  • #2
    I find this REALLY good news. No matter how rebellious that little Doxie was, an experienced groomer would have asked for assistance if they couldn't handle him alone, not crush his ribs and puncture his lung. The owners watched him die, foaming at the mouth, suffocating slowly. They have filed a wrongful death lawsuit, normally filed only when a human dies of neglect. I hope it sticks and that pets' lives start to get considered as more than property.

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    • #3
      I feel so sad for the owners, and of course the dog... but I don't think this is a good thing.

      What happens when an owner sues for pain and suffering over a quicked nail? Or clipper irritation (caused by groomer, OR the dog!?!)

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      • #4
        Dogs still are classified as personal property. There's a limit to their worth and an owner cannot get pain and suffering reward. That may change someday. If so them you can bet all of our insurance will go up and be on the level of auto coverage

        Sent from my SAMSUNG-SM-G935A using Tapatalk

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        • #5
          Actually that is not entirely so. I have seen awards of $50,000 in California. However, it is not called "pain and suffering." It is always why you may carry malpractice insurance, and should. Indeed it depends upon your state laws. The more aggravated and cruel the more likely the rules bend and even set new standards. In particular I am thinking about an award of $50K in Southern California some 20 years ago for negligence by a groomer. The dog died in a cage dryer but was not excessively overheated or burned. It is a great lesson for EVERY groomer. You are responsible to ask if there has been any changes in health conditions or medications since the last groom. In fact I had my teeth cleaned last Wednesday, just 2 days. Before the hygienist touched me she asked me those questions and noted my responses. Every visit same routine and in our California business we did the same thing at check-in. In this case since the last groom the dog had been diagnosed with a heart murmur. The owner was not questioned by the groomer, and that did it, the vet expert said the drying aggravated the condition and died from heart complications. Period. So malpractice. Not an award for pain and suffering although clearly the attorney for the pet owner mentioned that but did not ask for an award to compensate for that but the negligence. There are other cases in California too. We used to present these cases at our business workshops, but never for pain and suffering was the award. How many groomers ask those questions at EVERY groom? Really few, my parents made us and no exception or you were warned and fired as needed.

          You are just saying to a hot shot attorney, sue me should an accident happen and you didn't properly intake pets. Because you are taking money for services you are the professional and that means, should know the questions or disclaimers that should be provided just like all that paperwork you sign before oral surgery, outpatient surgery, animal or human makes littler difference in the blame, but of course, awards for pet deaths will be anything from cost of vet care reimbursement and pet replacement, to that plus negligence awards in states open to extreme negligence awards.

          Of course I remind you of the over 1 Million award to multiple persons by a client of Governors where a dog leaped off a table, through plate glass window, into the street and caused motor vehicle accidents. Yep, all claims added up to over 1 Million. I also know of an escaping pet (you know that happens a lot to groomers nationwide) and some cause auto accidents, yep, the groomers are responsible for those accidents.

          Do remember to ask at every appointment if there have been changes in health or medications. By the way if you look in From Problems to Profits our client forms reminded pet owners to keep us informed of such with examples. That was suggested by a California attorney teaching at Stanford Law. You can mitigate your exposure with just a few seconds and also, it is very impressive to many pet owners...and bonds more loyal clients.

          Here is some other information. http://aldf.org/resources/when-your-...-of-an-animal/

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          • #6
            Originally posted by Nitewalk View Post
            What happens when an owner sues for pain and suffering over a quicked nail? Or clipper irritation (caused by groomer, OR the dog!?!)
            There's a slight difference between a quicked nail and dying from a punctured lung, don't you think? One of these instances is gross negligence and the other is not, and the standard of gross negligence CAN be applied to "property".

            This 1 yr old puppy was brought in "to professionals" for a routine nail trim and 5 minutes later was nearly dead. The laws as they stand now are inadequate, and lawsuits like this will push forward different thinking about the value of animals, and THAT'S what I consider a good thing. Owners, groomers, and any other caretakers of pets should be held accountable for negligence causing death or severe harm, whether it be something like this, or leaving pets outside to freeze to death, starving them, beating them, using them as bait, etc. When the punishment starts to fit the crime, maybe there will be less abuse of the sentient beings within our care. One can hope.

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            • #7
              I followed this story but I did not hear about the conviction yet of the groomer. Usually that is first before this type of suit. He still said innocent. So did he get it finally.

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              • #8
                Internal investigation cleared the groomer and determined the dog had pre-existing broken ribs. I believe if I remember correctly the dog fell out of the car in the parking lot. Sad that this is still ongoing.

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                • #9
                  Originally posted by Tiff View Post
                  Internal investigation cleared the groomer and determined the dog had pre-existing broken ribs. I believe if I remember correctly the dog fell out of the car in the parking lot. Sad that this is still ongoing.
                  Oh. Did the dog accidentally strangle itself when it fell out of the car? For the dog to fracture it's ribs bad enough for it to puncture it's lungs it must have been a monster truck it fell out of.

                  Why do people try to defend abusive groomers?

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                  • #10
                    Originally posted by cockerlvr View Post
                    Oh. Did the dog accidentally strangle itself when it fell out of the car? For the dog to fracture it's ribs bad enough for it to puncture it's lungs it must have been a monster truck it fell out of.

                    Why do people try to defend abusive groomers?
                    I agree with you, first for that much trauma he would have had to fallen quite a far distance and to have strangled he would have had to be hung for more than a few seconds. Also, I feel like any semi-competent human would notice the dog was basically dying when they dropped off if he indeed sustained the injuries in the parking lot. The parents aren't looking for compensation, they're looking for something like this to never happen again so why would they try and pin anything on a random groomer? A big man with a small doxie for a few minutes can absolutely sustain crushed ribs and strangulation.

                    While I'm not trying to discredit every big-box groomer, as I know several who are patient kind and talented, I feel like there seems to be a pattern with incidents like this.

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                    • #11
                      I agree, if this dog sustained injury in the parking lot, the owners would most definitely have noticed it and would not have walked into a groom shop, instead would have driven straight to their vet. This was a crushing type injury from squeezing the dog under his arm trying to do nails. I use a sling to suspend smaller dogs to do nails if they are not cooperating. They are immobile and calm hanging there.

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                      • #12
                        Originally posted by cockerlvr View Post
                        Why do people try to defend abusive groomers?
                        I wonder the same thing. I've worked with people who were MUCH too forceful with dogs, the old Cesar Millan mentality of "Show 'em who's boss", and sickens me every time. While falling out of a car and fracturing ribs could have possibly happened, the puncturing of lungs indicates a different, crushing type of trauma. That doesn't happen falling from a car of normal height.

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                        • #13
                          Originally posted by SandyinAnaheim View Post
                          I wonder the same thing. I've worked with people who were MUCH too forceful with dogs, the old Cesar Millan mentality of "Show 'em who's boss", and sickens me every time. While falling out of a car and fracturing ribs could have possibly happened, the puncturing of lungs indicates a different, crushing type of trauma. That doesn't happen falling from a car of normal height.
                          I think you are a fabulous addition to our profession Sandy. Just wanted to say that.

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                          • #14
                            Originally posted by cockerlvr View Post
                            I think you are a fabulous addition to our profession Sandy. Just wanted to say that.
                            Agreed!!


                            Sent from my iPhone using Tapatalk

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                            • #15
                              Originally posted by cockerlvr View Post
                              I think you are a fabulous addition to our profession Sandy. Just wanted to say that.
                              Thank you so much, both of you! That is very kind of you to say. I'm finally following my dream of working with animals, and envy those of you who were smart enough to get started early in your careers.

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