ChatterBank0 min ago
Dog Boarding Kennels
I run boarding kennels and am concerned that a current boarder may have become pregnant whilst in our care. There is some doubt/confusion as to whether we were informed that the *** was in, or would come into season, whilst boarding with us. If this proves to be the case, what will my obligations/responsibility be towards the owners?
Answers
Best Answer
No best answer has yet been selected by Woodstock. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.Barmaid's our expert on civil law and, if she posts on this thread, anything she says must carry a great deal more weight than I anything that I can offer here.
However, it's a general legal principle that if you breach a reasonable duty of care, resulting in another person suffering a financial loss, you can be required to compensate them for such loss. If you'd known that the b/tch was in season, and you'd allowed her to mix with an entire male dog, you'd clearly have been in breach of a reasonable duty of care. However, if you'd no reason to believe that she was in season, then the legal waters are far murkier.
A barrister might argue that you should always 'play safe' and never let a b/tch anywhere near a male dog, even if you've got no reason to expect a problem to arise. If a court accepted that view, you'd then have to pay compensation but your own counsel might argue that such an over-cautious approach is beyond 'reasonable' and thus try to lay the blame on the owner.
As I see it, there's no cut and dried answer to your question. If the owner demands compensation from you, you'll have to decide whether to pay up or to wait and see whether he/she is actually prepared to go to court over the matter.
However, it's a general legal principle that if you breach a reasonable duty of care, resulting in another person suffering a financial loss, you can be required to compensate them for such loss. If you'd known that the b/tch was in season, and you'd allowed her to mix with an entire male dog, you'd clearly have been in breach of a reasonable duty of care. However, if you'd no reason to believe that she was in season, then the legal waters are far murkier.
A barrister might argue that you should always 'play safe' and never let a b/tch anywhere near a male dog, even if you've got no reason to expect a problem to arise. If a court accepted that view, you'd then have to pay compensation but your own counsel might argue that such an over-cautious approach is beyond 'reasonable' and thus try to lay the blame on the owner.
As I see it, there's no cut and dried answer to your question. If the owner demands compensation from you, you'll have to decide whether to pay up or to wait and see whether he/she is actually prepared to go to court over the matter.
become an expert
https:/ /www.ca mbridge .org/gb /files/ 3214/76 10/6092 /Liabil ity_for _Animal s_Mulhe ron.pdf
The current statute is Animals Act 1971 - I am not barmaid but just a litering hanger on - and huge case law
This is mainly about dogs and horses squashing and biting humans
The nerest to you would be - marauding dogs and negligence comes into that - and you say yo have been careful
next head is contract - you have signed a care contract and is there an obvious clause about bonking botches?
Standard of care is decided by negligence
the third head is negligence and see Chris effort
BUT - what is the damage - or financial loss ? none as far as I can see
no damage no case
that too is whether you have taken care which you say you have
and also - - - whether they told you the dog was in season
[my own guess is they actively didnt in case you said oops no go and then ..... they cdnt go on holiday]
https:/
The current statute is Animals Act 1971 - I am not barmaid but just a litering hanger on - and huge case law
This is mainly about dogs and horses squashing and biting humans
The nerest to you would be - marauding dogs and negligence comes into that - and you say yo have been careful
next head is contract - you have signed a care contract and is there an obvious clause about bonking botches?
Standard of care is decided by negligence
the third head is negligence and see Chris effort
BUT - what is the damage - or financial loss ? none as far as I can see
no damage no case
that too is whether you have taken care which you say you have
and also - - - whether they told you the dog was in season
[my own guess is they actively didnt in case you said oops no go and then ..... they cdnt go on holiday]