Dog Ate Rat Poison at Holiday Let

scholt

Hello


I was unsure which forum to post this on so please feel free to move to pets (or elsewhere if more suitable).


Long story short - a group of us - family (9 adults, 2 children, 4 dogs rented a holiday cottage in the Peak District for 3 nights in September). The cottage website describes it as child and dog friendly (I have taken a screen shot of this in case they change it!)

On the first night we found my dog (a 1 year old cockapoo) munching something in the corner. It turned out to be an open container of rodent poison.


I didn't know as much about the effect of rodent poison on dogs then as I do now and opted to keep a close eye on him over the weekend - which we did, and he seemed fine. Energetic, happy etc.

It was only when we got back to Sussex on the Monday that I thought he seemed 'off colour' so made him an appointment at the vets for that evening. Within 1/2 an hour though he was lethargic and tremoring so I picked him up and ran with him in my arms to the vets. They gave him injections of vitamin K, and took blood for coagulation tests (rodent poison is a blood thinner that stops coagulation and causes death by internal bleeding - it takes several days to take effect, so the rats come back for more...)
Luckily he was allowed to come home with us. The lab results came back next day and showed that he had indeed ingested the poison and that his coagulation was severely compromised.


He was given a course of vitamin K tablets for 3 weeks. He had repeated coagulation tests for each week (which he found very distressing), then one when he'd finished the medication. And wonderfully has made a full recovery - and very quickly given the gravity of his situation on that Monday.

Anyway now for the consumer rights bit - well done if you've made it this far!
We kept in touch with the cottage owners throughout. Until his fairly long treatment was complete we did not know how much the vets bills would run to but I was sure from day one that I expected them to pay - not necessarily for the money (nothing can re-imburse that moment I ran to the vets in tears carrying him) but to give them a kick up the bum to stop them doing something so stupid again. The total was £330

The owner was sympathetic and initially mortified that the poison had been down. She said she usually meets each party and makes sure everything's in order before they arrive but on this occasion was on holiday so the cleaner should have done it but neglected to. There was another bowl of poison too which we spotted luckily and picked up. My uncle also found an unlocked cupboard full of boxes of the stuff.

The owner has emailed today to say she is going to speak to a solicitor as she does not feel she should pay the full amount as nowhere does it say they are responsible for dogs on the property.
So my questions are:

Where now? CAB. I am wondering whether Environmental Health might be able to advise whether having open rodent poison is legal (usually they are in the little boxes with tunnels aren't they?)

I am resisting the temptation to name and shame to my cockapoo owners group (7000 strong on facebook), destroy their unblemished tripadvisor reviews etc but rather approach rationally with the correct info. Or saying it could have been my 3 year old who ate it (she was in bed luckily!), or My Dads dog who is old and has cancer....

Any help (or just a hug) much appreciated. It really did ruin the weekend retrospectively....

pitkin2020

ouch, glad to hear the dog made a full recovery.
Whilst they may not be responsible for dogs they do infact ALLOW dogs in the holiday let so just like any other guest they would have a duty of care. This could have in fact been a toddler that had injested the poison and could have been a totally different outcome.

The owners have been neglectful in not only leaving posion down that isn't a tamper proof container where human (or dog) can get to it as your supposed to but they have also left poison in an accessible store cupboard that wasn't locked either.

I would let them speak with their solicitor and it might be worth letting them know you will be speaking to your solicitor. Let them know that you are merely asking them to cover the vets bill costs. I suspect you could actually go for more but you seem to be being fair and only asking for out of pocket expenses to be covered!!

DaveTheMus

I think the owner of this place is stupid.

£330 isn't a lot of money to make an issue like this go away, yet she refuses to pay. I think you're being very reasonable OP.

pitkin2020

DaveTheMus wrote: »

I think the owner of this place is stupid.

£330 isn't a lot of money to make an issue like this go away, yet she refuses to pay. I think you're being very reasonable OP.

I agree and I suspect their solicitor is going to tell them to pay it!!

unholyangel

Doesnt really matter whether its legal or not to have rat poison down. As above, if they owed you a duty of care, were negligent of that care and the type of damage is foreseeable, they're liable.

Personally I'd say they were negligent and the damage is foreseeable.

hollydays

I think they may just be using the " I've speaking to a solicitor" to try to reduce the amount they have to pay. I suspect they may not speak to a solicitor at all.

shaun_from_Africa

Whoever put the poison down obviously failed to follow the printed instructions.

4. Professional and non-professional use.
All anticoagulant rodenticides are required to carry precautionary phrases on the label to mitigate the risk of secondary human exposure. These include:
• “Keep out of reach of children” and
• "Baits must be securely deposited in a way so as to minimise the risk of consumption by other animals or children. Where possible, secure baits so that they cannot be dragged away".

http://www.hse.gov.uk/biocides/eu-bpr/human-health-risk-mitigation.pdf

It might be worth sending a copy of this to the cottage owners, suggesting that they pass it on to their solicitors for their perusal.

sheramber

I also think that she may be hoping you will back off.

I cannot see how she is not liable and should have third party liability for her business.


Do you have legal cover with contents insurance or through a union at work etc. you can use if necessary.

I would send her the bill stating you expect payment within a set time.

Ms_Chocaholic

I agree with all other posters, she is liable.

Just a thought though, has the vet said your dog is likely to have any lasting effects of eating the poison, ie will he likely need further treatment in the future or is it all resolved.

PasturesNew

She is liable, on many levels, for many reasons. My brain's thinking:

- should have done a risk assessment when choosing to bait
- should have been a locked box
- they are a business
- who regulates/checks/approves them as a business
- safe storage of poisons laws for the cupboard stuff?

That stuff should be locked in a box when in use somewhere where people, kids, animals can get it.

That stuff shouldn't be stored, unlocked, in large quantities, on site, I'd have thought.

Must be some legislation that can be tracked down to scare the pants off them into paying pooch's bills.

pitkin2020

did you have this statement via email or verbally
The owner was sympathetic and initially mortified that the poison had been down. She said she usually meets each party and makes sure everything's in order before they arrive but on this occasion was on holiday so the cleaner should have done it but neglected to.

If an email then they have basically admitted they have neglected to prepare the property.

As others have said I would put into writing that you would like the vets bill paid with X amount of days, failure to pay for this cost will result in you taking legal action against them where by you will be seeking all legal costs to be added also.