Is the doggy day care liable for equipment that injured our pet?

Doggy day care injury. Our husky 17months old jumped in a puppy run and was cut by fence ties that were sticking out and not bent down. This is a chain link fence and the ties are the standard metal wraps to hold the fence to the pole with pointy ends. Is the owner of the day care liable? Can we recover the vet bills?($1700.00) Our daughter did work there at he time and took our dog to work. The owner said she would not pay when given a copy of the receipts. Plus, it is a perk of the job to bring our pet to work with her. Our daughter did bend down the barbs so no other dog would get hurt but did not show the owner/boss before she did it. We filled out a waver form but never gave it to the owner.
Additional information
Can we recover the cost of the vet bills? Do we have a leg to stand on even if it is a perk of the job?
Is the owner liable for equipment and structure inside the business?
Should this be done in small clames court?
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Answers (1)

Laura Mcfarland-Taylor

Laura Mcfarland-Taylor

Contributor Level 8
What you do really depends on how much time and money you are willing to spend on this. Playing devil's advocate, if I were the day care owner I would argue that since your daughter was an employee at the time she should have noticed the dangerous condition, not allowed any dogs in the run, and brought it to the owner's attention and since she did not and the dog was her dog, she was liable for its injuries. Whether this argument is a "winning" argument or not is beside the point. The point is that the owner is unlikely to just pay the bill and you will have to go to the time and expense of suing.
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