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Dispute with boarding kennel

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Comments

  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I see your point Arcon5, but the kennel fees still need to be paid. What if a dog went into kennels looking in perfect health, they were then ill with a latent problem that manifested itself whilst in kennels. Would you expect the kennels to waiver the fees because your dog was ill? Would it have been a lack of due care and attention by the boarding kennels that the dog happened to present symptoms on their premises? Boarding kennels would soon be out of business if this was the case.

    The OP needs to go back to the kennels to discuss this and come to an amicable agreement. I really really hope OP has insurance.

    No but i'd have expected the kennels to carry out their side of the contract with reasonable skill and care. IMO "the customer asked us to keep the dogs together" is NOT a valid defence and if the OP has that in writing, could be used to show that they were in breach by carrying out the contract without due skill/care. He should have separated them at least temporarily until the OP could be contacted. They are the "experts". They should be aware that dogs may act out of character when their owners are away, that they may get stressed or over excited by other dogs.

    However while that may entitle you to a refund of some of the costs paid (to reflect the poorer server) it doesnt necessarily entitle you to your vet bills. Do you have insurance? Did the dogs fight just once or multiple times? Were the extent of the dogs injuries worsened because they did not receive prompt medical attention? Are the injuries clearly visable? What exactly is the extent of their injuries? Is your vet qualified and willing to put all these down in a written statement and sign his name to it?

    It would be these types of questions that would be considered in deciding whether the dog kennel was negligent.

    You could try emailing other kennels (so you'll have their reply in writing) and ask if you left your 2 dogs in the same kennel and they began fighting......would they separate them or would they keep them in the same kennel? You could also ask if they would be aware that they may fight and whether they would advise you on anything relating to this matter when you asked for them to be kept in the same kennel.

    TBH theres lots of things you could do. But none of them guarantee success. Ultimately in any court, it will always come down to what the judge decides.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • Flakey
    Flakey Posts: 27 Forumite
    Thankyou everyone for your posts
    Has really helped me reach a decision.
    Will pay the bill - I don't want a to risk a ccj on my credit record.
    Thankfully I do have pet insurance.
    Will then request that he pays the excess and refund my bill (minus reasonable costs of food and shelter). I do think he was negligent - he is supposed to be an expert in the care of animals - even a layman would know to separate two animals who were putting each other at risk.
    I feel this is the reasonable approach - my dogs would not have sustained these injuries and I would not have incurred these costs if he had done his job with reasonable care.

    If he then refuses I can always make a claim against him.
  • Thankfully I do have pet insurance.

    In which case, it might be worth checking with your insurers to see if the policy provides any legal protection or legal assistance.
    If it does, you may well be able to get professional advice at little or no cost, especially if the advice is related to an ongoing claim.
  • Flakey wrote: »
    Thankyou everyone for your posts
    Has really helped me reach a decision.
    Will pay the bill - I don't want a to risk a ccj on my credit record.
    Thankfully I do have pet insurance.
    Will then request that he pays the excess and refund my bill (minus reasonable costs of food and shelter). I do think he was negligent - he is supposed to be an expert in the care of animals - even a layman would know to separate two animals who were putting each other at risk.
    I feel this is the reasonable approach - my dogs would not have sustained these injuries and I would not have incurred these costs if he had done his job with reasonable care.

    If he then refuses I can always make a claim against him.



    Good luck OP, come back and tell us how you got on. Hope your dogs are better soon. :)
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