[Lora]

Hi guys. Boyd was bitten today at daycare and had to get his ear stapled!

Apparently he wanted a lab mix to play with him so he went up to the lab and did the whole bark/play bow routine and the dog flipped and bit Boyd through the ear leaving a nickel sized opening.

Of course the daycare called me immediately and took him to our vet for us (we couldn't leave work due to meetings). They also called the owner of the lab mix and told her the dog wasn't allowed to return b/c he bit Boyd and was clearly not defending himself.

What is the proper etiquette here? Of course the bill isn't going to be cheap - can I charge the owner of the dog that bit him? What recourse do I have?

I have a 4:00 meeting and all I want to do is get my baby and love on him!!!

 

[KGarro]

poor baby! Oh man, I don't know what I'd do if my baby was hurt like that!

I don't think it's out of the question to ask the other owner to pay your vet bill, but at the same time I don't think you'd have any legal recourse. I'm sure you signed a waiver understanding that there is a risk leaving Boyd at daycare.

Hopefully the other dog owner will be accomidating.
Keep us posted on how he's doing.

 

[lmtoth2]

yeah that is a tough one. I agree w/the last posting. I think it also depends on the other owner and what they feel about the situation. If our dog did that (and it was clearly his fault) I would feel obligated to pay. However, I bet there is a "come at your own risk" clause at the daycare.

I hope Boyd is better! That's good that your daycare handled the situation so well.

 

[turtleaut]

Poor baby! Give him extra loving from us all!!!

 

[annieG]

So sorry that this happened to Boyd.

As far as recourse, at our first daycare, Tanner's side was slit open by another dog's dew claws. We had to have him stapled twice plus meds. The daycare said we had signed a waiver that we would not hold the establishment or the other dog owners responsible.

At the daycare where Tanner goes now a great dane injured another dog a couple of weeks ago. The owner of the Dane picked up all charges.

I would ask and hopefully the owner will take responsibility and reimburse you.

Good luck and hope he heals quickly.

 

[ellabee]

So sorry for Boyd, poor baby....

Yeah, I hope the other dog's owners do the right thing. I'd be beside myself apologizing, and wouldn't think of letting the other party pay. I'd be too mortified....

 

[tykesmom]

Lora,
Forgive the attorney wading in here, but you should have been given a copy of any waiver you signed. If you signed one as to the daycare owners/operators, you'd probably have a tough time recovering, unless you could show they were aware of this dog's tendency to bite. However, if you haven't signed one as to the dog's owners, you would have a better chance of recovering against them, especially if this dog has shown aggressive behavior before. Depending on the laws in your state, signing a waiver may not necessarily preclude you from suing them. Of course, I would hope that the dog's owners are responsible enough to offer to pay the bill anyway.
Enough of the lawyer talk. Give Boyd a big hug from Tyke and me when you see him, and we hope his ear gets better real soon!

 

[MaxandMe]

so sorry to hear about Boyd's injury.

I'd check to see if you signed a waiver and also if there is any way to find out if this other dog has caused injuries to any other dog to-date.
Doesn't hurt to ask the daycare either meaning play dumb and see what they say

 

[Guest]

Oh Lora, that is horrible! Poor Boyd! Good Luck. Hopefully the other owners are good people who will offer to pay for Boyd's expenses. Get Well soon, Boyd!

 

[seazr]

Poor Boyd. Things can happen, I'm sure but . . .

I would carefully read whatever you signed. I would first hold the daycare responsible as it is their job to monitor their "charges". Second, I would hold the ownerresponsible for their dogs lack of socialization. First, second and third, I would be so happy that Boyd wasn't hurt any worse than he was, and happily pay whatever it took to get him right again if the other two parties didn't make things right.

 

[Tink]

Poor pup!
I hope it heals quickly and without infection.

 

[jumpinjacuzzijoe]

Sounds like a good case for Judge Judy or The Peoples Court.....Im sure the daycare made you sign a waiver...not sure if the dogs owner would be legally responsible since their dog was outside their care....although there is a moral responsibility

 

[gene]

Poor Boyd.... Sometimes other dogs just don't understand us! Hugs to you....

Jonah and Miko

Laura, I hope the other owner helps out with the vet bill. I have no advice, just concern for you and Boyd!

 

[TuckerAndMe]

Oh so sorry to hear about Boyd's injury. I would have been crazy until I could get to one of mine if that happened. Hopefully all will work out and Boyd will heal with no complications.

 

[Beardedlady]

Poor Boyd! You must have had such a hard time not being able to be with him at the vet. Hope the other owners are decent and pay your bill.

 

[Jac]

Aw...dang! The worst part is that Boyd might be fearful now...so be sure to keep him socialized, if you can...you are probably as fearful as Boyd though. I'm so sorry.
You have been given some great advise and, of course, the legal advice is wonderful...I second the idea of looking at the contract you have with the daycare and I might add to take it to an attorney, if you want to see what your legal rights are, concerning the day care. Most day care facilities have insurance to cover this type of action. I'd ask about that too.
You certainly can go after the owners, you might even want to consider small clamis, which is an easier alternative to civil actions.
What you want to find out is, 1) your state and local laws concerning animal bites and 2) if this particular dog has had ANY other indication of aggression. Look at court records to see if the owners were ever cited for their dog biting someone, and look at civil/small claims actions to see if they are listed, then you can ask to see the file. If it concerns a dog bite, you have a solid basis for winning.
But, with all of that being said, I'd start by assuming that the owner is reasonable and concerned. If it were my dog biting another, I would not hesitate to apologize and pick up the vet bill. So, approach them with this attitude, that you believe that they will cover the costs.
If they refuse, ask around the neighborhood, see if anyone knows of this dog biting other dogs or people...if you get info, you can use it as proof that the owner KNEW that the dog had the propensity to bite.
Then, it all boils down to your local and state laws and how much you want to spend to enforce them. Court is not cheap, even small claims.
Please give Boyd a hug from me...poor baby!

 

[JETA]

Everyone has given great advice. I just wanted to send extra hugs to Boyd and you. (((((((())))))))

 

[Lora]

Thanks for everyone's advice and concern! Boyd is doing fine and was mighty happy to see us last night when we picked him up from the vet's office. He looks like a "gangsta rappa" with his shaved ear and 5 staples.

Jac, thankfully this did not make him fearful of other dogs. The owner of the daycare said that he was very confused as to why he couldn't keep playing with the dogs yesterday!

All is well - I am going to talk to the center today to see if I can get contact info on the owner of the dog that bit Boyd. Highly doubtful as I live in Northern Virginia and everybody is afraid of being sued. In fact, I would venture to say the owner is probably afraid to contact me for fear I'll sue - which I would never do. Dogs are dogs and it was accident.

Thanks again!!

 

[debbildog]

I'm so sorry about Boyd! I'm sure he's soaking up all the extra attention though Hugs and doggy kisses from my crew!

 

[Lora]

Thanks Annie! DH who always insists Boyd is "my dog" is leaving work early today to make sure Boyd is doing okay. This comes totally unsolicited....tee hee....Boyd has hubby wrapped around is paw. :lol: