Need help for an injured dog!

Factual Questions
1

I don’t know what to do so I thought I would ask for help from some very smart people. This is not what I wanted my first post to be but I need help. My girlfriend and I boarded the dog over Christmas. When we picked the dog up the boarding place said everything was fine - we gave him a check for $120 for 6 days. The dog was acting strange (and filthy) and on the way home I noticed blood under her collar. When we looked closer we found that she had a bad cut on her neck because the collar was too tight. We called the boarding house and he did not seem to care so we stopped payment on the check. Our thought was that the dog was clearly neglected because he was unaware of the injury (It was very easy to notice). Had we got a call that the dog was injured or had he told us when we picked her up we might not of been so mad, but the fact that he did not even know about an injury that was several days old made us wonder what kind of “care” the dog was given. When she got home she ate and drank like we have never seen her eat, as if she had not been fed in a while. We took pictures of the injury and took the dog to the vet. They cleaned the cut gave her antibiotics and gave us a written statement that the injury had become infected and had occurred while the dog was in their care (neglect?). He has now sent us a letter that he wants payment along with the “agreement” we signed. He is going to pass the bill to collections if we do not pay. What do you think? How should we proceed? What can we do to protect ourselves if he passes this to a collection agency? Any advice would be helpful. Below is the agreement that we signed with the name of the place blanked out.
ps. The dog is fine now and back to her old self.
AGREEMENT AND RELEASE FOR DOG DAYCARE AND BOARDING

  1. In consideration for being permitted to use the services and facilities
    of **********, I/we, the owner(s), hereby
    assume full responsibility for any harm caused by my/our dog(s) while in or
    up on ******. I/we further agree to be responsible for any loss, liability,
    damage, and cost that may incur due to any harm caused by my/our dog(s).
  2. I/we further understand and agree that in admitting my/our dog(s) to
    ******, the owners of ****** have relied on my/our representation that my/our
    dog(s) are in good health and have not harmed or shown aggressive or
    threatening behavior toward any person or any other dog.
  3. I/we further understand and agree that any injury or illness that
    develops with my/our dog(s) will be treated as deemed best by the owners of
    ******, and that I/we assume full financial responsibility for any and all
    expenses involved.
  4. I/we have read and understood the attached rules and regulations and
    agree to abide by them and I/we have read and understand this agreement and
    release and agree to accept all terms, conditions and statements of this
    agreement and release.
2

I would take the matter to an experienced attorney. Most likely, about half the clauses in that agreement will turn out to be illegal/unenforceable due to conflicts with local laws. I most definitely would not pay the kennel owner one cent.

In addition, you might consider reporting him to the local SPCA, Animal Rescue League and/or the licensing board, assuming your community requires such facilities to be licensed (most do).

3

IANA Lawyer, but I have taken a number of liability courses in my capacity as an insurance broker, and writing “I’m not responsible for anything” on a contract and having you sign it does not mitigate the owner from any actual liability.

I’d contact an attorney to find out if you have to pay the boarder for anything despite the injury to your dog.

Lastly, contact your local Humane Society/SPCA/whatever right away. These people seem more concerned with being paid than the welfare of the animals they agree to care for.

Welcome to the boards. Help yourself to anything in the fridge, bathroom’s upstairs, second door on the left.

4

Depening on your state, there might be some kind of certification necessary for the owner of the kennel. I have friends with the Washington, DC based Humane Society and can put you in touch with them, for advice if nothing else. Let me know in this forum.

You also might contact local news, regarding this facility, they might want to do a story. Also PETA might be interested, regardless of your feelings about them, they sure can raise a stink.

This guy’s whole business is based on trust. If people don’t feel comfortable leaving their pet with him, he’s out of work. If he’s smart (he’s probably not) he won’t want the bad publicity you can generate.

Finally, you have a chance to protect other pets from this guy. Good luck.

5

You might want to be careful with stopping the check, pay him, then file a small claims case instead. Stopping the check could get the DA’s office on you for the dishonored check.

This would also be a moment where PETA and their likes can help.

I never thought I would say that.