What Happens to Rover When the Marriage is Over?

Samson was a rapidly growing St. Bernard when Bob spotted him at a mall pet shop. You know the ones with the glass cage storefronts that look like waterless aquariums for dogs. They’re specifically designed to evoke sympathy for the puppies enclosed, first catching your attention and then your wallet. Thankfully, these puppy mill peddlers have been outlawed in many states, but on that day this one was in full swing.

Bob couldn’t tear himself away from the large puppy that was barely able to turn around in the small space. He asked that the puppy be taken out for him to look at, and it was quickly transferred to a bonding room. These puppy purveyors are slicker than used-car salesmen, and Bob was living proof. A man known for his frugalness, Bob never bought lunch or morning coffee, but before he knew it he had handed over several hundred dollars and was carrying the large puppy through a crowded mall to his car, since trying to walk him on a leash was impossible. Bob named the puppy Samson.

Samson soon became a happy member of Bob’s home. He was a loving dog that liked to play and had a good attitude and a sweet personality. Samson seemed healthy and had a great appetite, but it soon became evident that something was wrong. Instead of running with anticipation for his walk when Bob got his leash, Samson slowly walked toward Bob and didn’t have much enthusiasm for chasing balls or even the cats. The rides in Bob’s convertible, which Samson had loved, became an ordeal, as he couldn’t jump in the car or get comfortable on the seat. It was clear that Samson was experiencing discomfort.

The veterinarian performed tests and took x-rays, which revealed that Samson was suffering from hip dysplasia even though he wasn’t even a year old. Hip dysplasia is caused by a subluxation (dislocation) in the hip joint. This creates abnormal wear and erosion of the joint and, as a result, arthritis and pain develop. It’s a genetic disease that affects specific breeds of dogs more than others.

Samson required a triple pelvic osteotomy (TPO). This method is used in dogs usually less than ten months of age. It involves surgically breaking the pelvic bones and realigning the hip joint, restoring the weight-bearing surface area, and correcting the dislocated joint. The vet explained that it was a major surgery and very expensive, but if the surgery was successful Samson could be restored to his active self with therapy. Bob’s veterinarian didn’t perform the surgery Samson needed, so he recommended the teaching hospital at the Ohio State University College of Veterinary Medicine in Columbus, Ohio.

The veterinarian’s report confirmed his belief that Samson most likely inherited this from one or both of his parents. If a parent has hip dysplasia, then the animal’s offspring are at greater risk for developing it. If there are no carriers of hip dysplasia in a dog’s lineage, then it is highly unlikely he will contract the disease. If there are genetic carriers, then he is at risk to contract it.

Since Samson was purchased from a pet store and Bob had no information about his parents, there was no way of knowing if his genetic heritage included hip dysplasia. The vet believed that Samson most likely came from a puppy mill. Since puppy mills don’t provide regular vet care or keep records, there’s no way to know what health problems the offspring could suffer. Puppy mill puppies like Samson can appear happy and healthy, as if they came from a reputable breeder, but usually only for a short while. The list of health problems puppy mill dogs may face is long:

After getting such devastating news from the vet, Bob first went to the pet store. Bob had received a guarantee when he purchased Samson that promised to cover any major medical expenses during the first year that weren’t caused from an accident, neglect, or other reasons that could relate to the actions of the owner. Armed with the vet report, Bob approached the pet store and asked that they cover Samson’s medical expenses. They refused, so Bob decided he needed a lawyer and Bob came to me, paperwork in one hand and Samson’s leash in the other. After greeting Samson, I listened to Bob’s story.

He told me how and why he became Samson’s dog dad and how much he cared for him. He explained how Samson had begun showing signs of being in pain and what the vet had told him. He felt the pet store should be responsible for Samson’s surgery because they’d given him a health certificate that stated Samson was in excellent health, had come from a good breeder, and would make a great family pet with no foreseeable medical problems.

The pet store’s “guarantee” was a document that looked like an award of some type, with hearts around the edge and the repeated phrase, “We sell love.” It listed the names of Samson’s supposed parents, when he was born, and his breed. Other papers included a health certificate signed by a veterinarian and a registration application should Bob want to register the dog.

I looked the pet store up on the secretary of state’s website and noticed that the incorporator, the president, and the treasurer were all the same person: the veterinarian who had signed Samson’s health certificate. This was an interesting turn of events. My suspicions were the same as Bob’s vet: that Samson was a puppy mill puppy.

I looked at the rest of the documents, which included a bill of sale, a sales receipt, pamphlets about taking care of a new puppy, some type of registration paper for Samson from an organization I had never heard of, but it was the guarantee I’d looked at first that was of great interest. The official-looking paper that looked like an award certificate. Despite the decorative paw prints and the clever sales slogan it clearly created a contract. The simple message said the seller guaranteed the health of the dog during the first year after purchase. It had a couple of official-looking seals and was signed with great flourishes by the pet store owner, who had also signed the health certificate as the veterinarian who examined Samson. Additionally, being the seller, the store owner, and the veterinarian certifying the health of Samson created a conflict of interest and was grounds for legal action.

A guarantee is a legal contract and enforceable in court. Bob’s guarantee was very clear that the pet store was issuing a “warranty of merchantability” for Samson when they sold him by issuing a health certificate and other assertions they made. Warranty of merchantability is a legal term that means what the seller is selling is what they represent the item to be and will suit the purpose the buyer is expecting. In common-law jurisdictions, an implied warranty is presumed, and it doesn’t matter whether the seller has promised certain things verbally or in writing. The product sold, even a live animal, must be fit for the intended use. In the case of a companion animal, they must be able to lead a normal life without major health problems.

To be “merchantable” the item you buy must reasonably conform to an ordinary buyer’s expectations. In Bob’s case, he had no reason to believe that Samson wouldn’t be a healthy puppy that would thrive. The pet store, though, went a step further and provided a guarantee, which only made the implied warranty stronger. The Uniform Commercial Code Article 2, Section 31, is the law in the United States, and it is often referred to as a warranty of fitness. This code is adopted into the statutes of every state. It applies to all sellers, such as vendors at flea markets or private individuals, and the warranty of merchantability applies only to professional merchants, which in Bob’s case was the pet store.

I told Bob that I’d contact the pet store owner/vet and tell him that he must honor the guarantee. I explained that the pet store was responsible for all of Samson’s medical bills; lost wages from Bob’s job for the time to take Samson to the vets for exams and for the surgery; his out-of-pocket expenses, including the travel to Columbus, Ohio; and any other expenses incurred as a direct result of Samson’s medical problems, including my fee.

I made a trip to the pet store and looked around. I was pounced on by a salesperson and given the heartrending sales pitch that thousands of people fall for in these stores. I asked to see the owner and a manager stepped forward. She told me the owner was a veterinarian and didn’t really come to the store often and offered to help me. I gave her my card and asked her to have him call me. I repeatedly tried to call him at the store and at his practice, but he never answered or returned my calls.

I sent him a certified letter clearly explaining Samson’s medical problem, the anticipated expenses, and that he had a duty to honor his guarantee and pay for these expenses, as well as my legal fees. I told him to put his insurance company on notice that we intended to file a lawsuit in the event that he did not honor the guarantee. I enclosed copies of Samson’s vet report and medical records. Before I received the certified mail receipt back, the vet/owner called me.

After profuse apologies for being “too busy” and neglecting to return my call, he explained that his guarantee actually meant that the store would provide another dog for Bob and take Samson back. All Bob had to do was give him a week or two to obtain another St. Bernard puppy and then bring Samson in and make the exchange. I couldn’t believe what he was saying, so I asked him to repeat it, and yes, I had heard him correctly.

I told him this was totally unacceptable and reminded him that his guarantee said repeatedly, “We sell love.” How on earth would a replacement dog be fair and reasonable compensation by depriving the buyer of a dog they were in love with?

He said he understood, but that was the store’s policy and other people had accepted it with no problem. (This is the defense of, “We’ve been doing it for years and you’re the first person who complained,” which is always a lie.) I asked him if he had children, and he said yes. I asked him, if one of his children became ill and his pediatrician offered him the same deal, that he could receive a substitute child, would that be okay with him? He told me that was an absurd example and of course not. I completely agreed with him, but it was the same deal he was offering Bob.

I asked where this dog swap provision was in writing or posted in the store, and he said it wasn’t, but that was their policy. Then I ended the call with the phrase we lawyers love: “Well then, doctor, we will see you in court.”

We sued the vet as owner of the pet store, individually as the veterinarian who certified that Samson was in good health, the corporation, and “other unknown parties” who were down the chain of ownership of Samson, including the unnamed puppy mill where he was born. Our claims were breach of contract, (you didn’t keep your promise), breach of implied warranty (the dog isn’t what you indicated he was), breach of express warranty (your health certificate was false), violation of the West Virginia code section that mirrored Uniform Commercial Code Article 2, Section 31, negligence, fraud, and unjust enrichment (you received money you were not entitled to).

The complaint was served by process server to the vet at the pet store on a Thursday afternoon. The next day I got a call from the insurance company lawyer. They wanted to settle the case rather than bear the publicity and expense of a trial; however, they wanted us to admit they didn’t do anything wrong. They wanted a compromise of our valid claims. This is very common in lawsuit settlements, however, and the decision is ultimately made by the plaintiff or the person who suffered harm. We couldn’t ask Samson his opinion, but Bob was quick to tell me, “No. I want these people to admit they were wrong.” I agreed.

We began to prepare for trial, drafting Interrogatories (a set of written questions the defendants must answer under oath) and a Request for Production of Documents (all the paperwork about Samson and other things such as tax records, business records, records of other lawsuits and complaints). We asked for everything we could possibly think of that was allowed by the Rules of Civil Procedure.

Then we waited for the thirty-day time period the defendants had to answer us. Instead of getting any answers or documents we got a phone call. The defendant’s insurance company wanted to settle with us and they had no conditions. I could draft the agreement and they would review it and write a check. I drafted an agreement and it was over. They paid every expense for the medical bills, physical therapy, lost wages, miscellaneous expenses, and my fee. Samson had a successful surgery and enjoyed a great life free of pain with Bob’s family.

As for the pet store and the vet, a big scandal occurred about two years after this when the owner was charged with animal neglect and the store was closed. The story, complete with photos of dogs crammed into crates without food or water and the puppy mills where they got their dogs, was in every newspaper and on every local television station.

This example is to show all pet parents that you have rights for fair compensation as a consumer for products that affect your dog’s life and even when the “product” is your canine companion. Pet parents must be advocates for their dogs in every instance, but even more so when your dog’s health is in jeopardy through the fault of someone else.

Buying a pet from a pet store is risky business, and it’s even worse if you purchase a dog online. Suing a so-called Internet “breeder” can often be impossible. They frequently vanish after the sale, and you have no one to cover expenses if your dog becomes sick or, even worse, arrives at your airport destination deceased. The Internet is full of sad stories of thousands of people who were scammed by Internet dog peddlers. If you do decide to purchase a dog from an Internet site, be sure to take these precautions.

• Check the secretary of state’s website in your state to see if the seller is licensed to do business in your state and make sure they have an Agent for Service of Process listed. If you have a big problem and file a lawsuit, this is the person you’ll serve the complaint on.

• Look them up through the Better Business Bureau to see what their rating is and if there are any complaints about them.

• Do a thorough Internet search for comments from other buyers. Be prepared, though; you will most likely find only complaints.

• If they claim the dog will come with AKC registration papers, ask for the name of the parents and check to see if they are registered with the AKC.

• Get everything in writing ahead of time. Have them fax or email the document to you for review.

• Make an appointment to go see their kennel and the parents of your dog. If they refuse or continually have excuses, you can be confident they get their puppies from puppy mills.

Fighting an Internet breeder is difficult at best and impossible most of the time. The Humane Society of the United States (HSUS) filed a class action lawsuit against Purebred Breeders, LLC, in 2011 along with many other pet parents who had purchased sick pets from this company. The case was dismissed in September of 2012 because the court ruled the HSUS had not proved their case. HSUS is one of the biggest animal advocate organizations in the world and was unsuccessful in suing an Internet breeder, so what chance would an individual purchaser have?

Buyer beware in any Internet dog purchase. Enter into the transaction totally aware you most likely will not be successful in recovering any expenses, getting your money back, or returning the puppy. For most pet parents, though, returning the puppy is not an option. Love of dogs and empathy toward a puppy that got a bad start in the world with puppy mill parents make most people keep the puppy to give it a better life. They end up paying medical expenses that can run into thousands of dollars. Some lawsuits just aren’t worth pursuing, and Internet breeders might be one of them.

Our big animal organizations have resources most pet parents do not, and just as the vet/store owner had to pay me because Bob was successful in filing a lawsuit, if you lose, you have to pay. For example, HSUS paid Feld Entertainment fifteen million seventy-five thousand dollars in 2014 to settle fourteen years of unsuccessful litigation against Feld, owner of Ringling Brothers Circus. The ASPCA paid nine million three hundred thousand dollars to the same company as settlement of their unsuccessful lawsuit. Just think how much good that money could have done if it had been spent to help animals in need. Pet parents should take a lesson from these two lawsuits. You can avoid pursuing a costly lawsuit you most likely won’t win against an Internet dog seller by not buying a dog from anyone online.

Last year my neighbors approached me about their attempt to buy a Great Dane puppy from an Internet breeder. They had many emails back and forth, fell in love with a photo of a puppy, and sent the five-hundred-dollar deposit. Later they paid the remaining one thousand dollars plus over seven hundred dollars to have the dog sent to them. They never received the dog. The lawsuit was destined to be unsuccessful, and I did not accept it.

In chapter 6 we covered veterinary malpractice and what to do if a vet harms your dog. Veterinarians aren’t the only ones who provide services to our dogs, though, and the others are just as responsible if they cause harm. Every year several hundred dogs are injured or killed from negligent personnel at groomers and pet boarding facilities.

Barbers and beauticians have to be licensed in every state in our country. However, the dog equivalent, a dog groomer, does not have to be licensed in most states. Each individual state determines if a groomer must have a state professional license and sets forth the requirements that must be met to obtain a license. In states without license requirements, usually no special training is required. Similarly, individual state law determines whether the grooming facility must be licensed and subject to periodic inspections. You may see official-looking certificates on the wall, but most likely they are from an online school or a certification that can be purchased online or created by the “groomer.” If there is a technical or vocational school that offers dog-grooming certification, certain states require that they be licensed.

Certification is not the same as licensing. You can get certified by any number of Internet schools and you’ll never even touch one dog hair. Many groomers are self-educated through online courses or videos. You can also get certification by attending seminars where no hands-on training is offered.

Certification through a national organization that requires hands-on training and yearly continuing education is a good indicator that your groomer has adequate training. The National Dog Groomers Association of America (NDGAA) provides this training in various locations across the United States. The training takes place over two days. The seminars cover the basics of pet grooming and styling. On the first day, instructions and demonstrations are given for grooming standard breeds. The second day participants demonstrate their skills to a board of NDGAA certifiers. A written exam and demonstration of acquired skills lead to certification.

Licensing requirements are more stringent than certification. For example, Connecticut has required dog groomers to be licensed since 1970. The Connecticut regulations apply to groomers as well as grooming facilities. Groomers must obtain a license from the agriculture commissioner each year. The annual fee is one hundred dollars, and the groomer must obtain approval from the commissioner to transfer the license to a different location if they move. In order to obtain a license the groomer must prove that they have complied with the department of agriculture’s regulations and the zoning regulations at their location.

Connecticut’s regulations for dog-grooming facilities (not for groomers) can serve as a guideline for pet parents when selecting a grooming facility. Here’s what is required of grooming businesses in Connecticut: state law requires the agriculture commissioner to develop regulations for grooming facilities addressing issues of sanitation, disease, humane treatment of animals, and protection of public safety.29

1. A grooming facility established in a home must be in a room that (1) is separate from living quarters and at least 12 feet by 12 feet in size, (2) has a separate outside entrance, and (3) has adequate lighting and ventilation.

2. The facility’s walls and ceiling must be painted, paneled, or made of other suitable materials. The floors must be covered with a nontoxic, easily cleaned, water-impervious material.

3. A grooming facility must be equipped with at least a bathtub, a grooming table, hot and cold running water, a dryer, clippers, combs, brushes, and shears. All equipment must be sterilized after each use and kept in sanitary condition.

4. Drying cages must be (1) kept clean and sanitary and (2) large enough to comfortably contain the dog. The regulations recommend the following dimensions: 22 to 24 inches wide, by 24 to 28 inches high, by 30 to 34 inches deep.

5. Grooming facilities that keep dogs for grooming for longer than four hours must have an indoor or outdoor dog exercise area. The exercise area must measure at least 3 feet by 8 feet, with a covered top. Dogs cannot be kept overnight unless the facility meets certain kennel licensing requirements.

6. The groomer must keep the grooming area, and exercise area if necessary, disinfected, clean, and sanitary at all times.30

Pet parents must visit a grooming facility before booking an appointment. Drop by the grooming business and check it out. If dogs are unattended, you don’t want to bring your dog to this business. If any of the above six requirements is not evident, keep looking for a better facility.

Colorado has extensive regulations for dog groomers and grooming facilities. Colorado’s statutes are more detailed and cover a wider range of topics. In Colorado, an owner must give permission for the groomer to tether their dog. There are stipulations that the dog can’t become entangled with another dog or object. The tether or grooming loop, as they are often called, must be attached (1) to the dog with a well-fitted and non-tightening collar or loop and (2) at the other end to a permanent, solid attachment. All tethering chains or grooming loops must have a swivel. Grooming loops, tethers, or muzzles may be used only under “constant direct human supervision.” Tethers and grooming loops are dangerous and only a well-trained groomer should use them.

The regulations also require, for example, that the groomer annually keep an animal incident file, maintained for three years, at each facility, which covers31:

Although a groomer’s license may be required, some states still have no educational requirements for a pet groomer. Michigan requires pet groomers to have a domestic animal pest management license if they provide flea baths for clients; however, the state does not require a license for groomers. New York and Massachusetts have laws requiring groomers to be licensed. “Lucy’s Law” (California Senate Bill 969) failed to pass. It was named for Lucy, a mixed-breed female dog who had five of her nipples shaved off at a Palm Springs, California, grooming salon and also suffered a dislocated hip.

Placing your dog in the care of a groomer who most likely has no professional training, is not certified in canine first aid, and might possibly be working as a dog groomer until something better comes along is a frightening prospect. Dogs have suffered serious injuries and some have even been killed at grooming facilities.

Some dogs suffer from heat exhaustion as a result of being left unattended in front of dryers. In one such incident, a Lhasa apso died in a drying cage at a California Petco. Two Yorkshire terriers died from overheating when a Connecticut salon’s dryers failed to shut off. In an affidavit, a veterinarian who tried to save one of the animals reported that the dog had the worst case of heatstroke that she had ever seen.

Groomers drop dogs from tables and they suffer dislocated joints, broken legs, or head injuries. They’ve left dogs unattended while attached to a tether or grooming leash on the grooming table and many dogs have been strangled by stepping off the table.

A California couple sued PetSmart when their English bulldog, Rita, died during a grooming session. A necropsy stated the cause of death was strangulation. The plaintiffs believe the dog was strangled while her nails were being clipped and she was attached to a short tether. PetSmart sent the couple a check for two thousand dollars and offered to give them another puppy. The offer was refused and they filed a lawsuit.32

PetSmart calls its groomers “Pet Stylists” and requires that they meet any state requirements as well as go through PetSmart’s twelve-week, four-hundred-hour training. Yet, in Charleston, West Virginia, a dog jerked free from a groomer when out for a walk and was hit by a car and killed. Petco offered to pay the vet bills for a California woman’s shih tzu, Joey, for injuries suffered at the hands of a dog groomer. When the woman went to pick Joey up, he was walking on three legs. A veterinarian exam showed that Joey had a dislocated hip. Petco offered no explanation for what happened to Joey and refused to pay the bills when they learned they totaled almost seven thousand dollars. That case is still in litigation. If your dog has a strong behavioral reaction to grooming, it’s imperative that you never leave her in the care of a groomer whose qualifications you don’t know thoroughly.

Listed above are the standards you need to look for in the grooming facility, but the cleanest and best-equipped dog salon might have groomers with no training or experience. More states require that the business be licensed and meet certain requirements than the groomers. Here are some important things to do and know before you pick a groomer for your dog.

• Find a groomer who makes house calls so your dog is in a familiar setting and the groomer is under your supervision.

• If that’s not possible, ask to be present during grooming—that doesn’t mean watching from behind a glass wall. Dogs can be hurt so quickly that you might possibly never make it to your dog’s aid in time to assist.

• Know if your state law requires groomers to be licensed and what the requirements are, such as professional training and membership in the National Dog Groomers Association.

• Check to see whether the groomer you are considering is a graduate of a training program and then check out the training program to see if it required hands-on experience and was not just an Internet certification.

• Find a groomer with experience. Groomers who have many years of experience working with animals will be more confident in their skills and limitations and should be more comfortable with animal behavior than those who have less experience. Taking part of any “Grand Opening” discounts for grooming is not a good idea.

• You can ask if any animals have been injured or have died in the salon’s care, but don’t count on them to be truthful. Check with the Better Business Bureau to see if any complaints have been filed against the facility.

• Request that your dog be hand- or air-dried. Cage dryers can malfunction and inadvertently be left on.

Another option is a mobile grooming service, which is becoming popular in many areas. Cyndee’s Cruisin’ Critters near Altoona, Pennsylvania, is one such service. Cyndee has more business than she can handle most weeks and performs an important service to elderly dog owners living in nursing homes or assisted living facilities and disabled pet owners who can’t take their dogs to a salon.

Mobile grooming services such as Happy Tails Mobile Dog Salon in the Charlotte, North Carolina, area are large vans or pull-behind trailers completely outfitted as a grooming facility with their own water systems. Jill Young used her lifetime love of dogs and seven years of experience as a groomer to launch her mobile grooming business. Jill’s van has a table that adjusts in height to accommodate the size of the dog. Dogs never need to leap down from the table. She blow-dries the dogs by hand and doesn’t use dryer cages. There are no distractions like in a salon, such as other dogs nearby and people coming and going. There’s no need to take the dog clients for a walk (when many accidents happen at grooming facilities), as they are handed over to the pet parent when the grooming is complete. While mobile services are more expensive, most customers gladly pay the price because it’s safer and more convenient.

Another option is to use grooming services at your vet’s office if they’re offered. Your dog is acquainted with the employees there and is familiar with the place. If your dog is fearful of going to the vet, this might not be a good idea, but once she realizes she is not going in a treatment room, things might be okay. In the worst-case scenario, if there is some type of accident and your dog needed medical attention, your personal vet would be right there.

You can also learn to groom your dog yourself. Take a grooming class at a local technical or vocational school. Your dog trusts you, and no one knows your dog better than you. Most of us can’t afford an in-house dog salon like the family mentioned in chapter 5, but it’s easy to find a suitable place at home for your dog’s personal salon.

You did all your homework. You found out if your state required a license and what training was required. You visited several salons and took the checklist from this chapter with you. You asked for references. You checked the Better Business Bureau as well as the training schools you saw on the certificates during your salon visit. Everything is to your satisfaction and you take Rover for a grooming. What do you do if he is injured?

The first and most important action is to get your dog to a vet as soon as possible. Take pictures at the salon if it’s not an urgent medical incident. I’d take pictures before the treatment. Even if everything goes perfectly, nothing is lost from a minute or two of taking photos that could become very important should something happen. Unless your dog has an egregious injury and you need to get to the vet immediately, get some necessary information. Notify the owner if they are on the premises and get names, contact information other than the place of business, and statements from the groomer and any witnesses.

You are entitled under bailment law to have your dog returned to you in the same condition (less the clipped-off hair and knots or mud) as you delivered her to the groomer in. She should not be limping, be bleeding, have trouble breathing, or anything else she wasn’t experiencing when you took her to the groomer. She should not wince when you hold her or when she gets into the car. Nothing about her physically should be different except being cleaner and less straggly.

If your dog had only injuries, send a certified letter to the owner of the facility with the vet bills and details of what happened to your dog and that you expect the vet bills to be paid or reimbursed to you within ten days after receipt of the letter. Make certain your dog will not experience any further problems from her injury if you decide getting the vet bills paid is enough.

If your dog died as a result of the groomer’s negligence, have a necropsy performed. Send a similar letter asking for reimbursement of vet bills, cost of the necropsy, any final expenses such as cremation or burial, and fair market value for a new dog. You might not want another dog immediately, but get the money now.

In either case, if your letter is ignored, you are told they won’t be responsible, or you feel compelled to send a message to the business and seek further damages for your dog’s pain and suffering as well as your own stress and emotional damages, get a lawyer and file a lawsuit against the business, the individual groomer, the corporate company if it’s part of a chain, and any person or entity even remotely involved in your dog’s death or injuries. If you chose to handle this yourself (not a good idea), file a lawsuit in your county’s small claims court. Make a list of witnesses you’ll call, including the treating veterinarian, and gather photos, medical records, and anything else to document what happened.

Find out if there have been any other injuries, deaths, or blatant negligence at this salon. Even when you check thoroughly, information often remains hidden.

Social media and local news stations are priceless when you need to get the word out about a negligent grooming facility or any other dog service business that harms your dog. Not only does this attention make your personal case stronger, it often prevents harm happening to other dogs. Be persistent in contacting your local television stations, as these stories serve a valid public purpose in warning other pet parents, and the coverage will help in getting a settlement offer for your case. Often other victims come forward after social media and local media spread your story.

Boarding facilities that harm your dog may be sued in the same manner. They too are required under the legal action of bailment to return your dog in as good condition as you left her there in. State laws and local ordinances have guidelines and requirements for boarding facilities. Make sure you know what these are and that the facility you are entrusting your dog to is in compliance with them. Thoroughly check out a boarding facility looking for many of the same things you look for at a groomer. If your dog has to take medicine, it’s best to take your dog to a boarding kennel that has vet tech on staff and be very clear about the frequency and dosage. Leaving clear and detailed instructions, providing your dog’s own food, and making sure your contact number is correct are all ways you can minimize the risk of harm when boarding your dog. Even then, there are no guarantees.

A family in West Virginia learned this in a tragic way. They’d used this particular boarding facility previously and had no problem. However, this time an inexperienced kennel worker who was not a vet tech gave their eleven-year-old shih tzu an overdose of insulin. They rushed her to the local veterinarian, but despite their efforts she died.

The family was devastated. The vet froze the dog’s body until the family returned from their vacation. That’s when they contacted me. I suggested they get a necropsy at Virginia Tech Veterinary Hospital. The necropsy found only one possible cause of death, the insulin overdose. This family is still in shock, grieving, and unsure of how they want to handle this. They are strongly concerned that this should never happen to another dog again. Letters to the business have not been responded to. We are planning a lawsuit, as there is a two-year statute of limitations, but the family is waiting until they are emotionally stronger to deal with it.

Pet sitters are often a good option if you must leave your dog behind when traveling. Pet sitters are not regulated by any government agency or covered by any state animal laws. Always hire an experienced pet sitter and check them out thoroughly, including a criminal background check, and get references from previous clients and previous employers. Pet parents need to get valid identification from a pet sitter and verify every piece of information the pet sitter provides. You can’t be too careful since you’ll be trusting this person with your dog’s life. A pet sitter should be insured and bonded. If you find someone you really like and they are not bonded, offer to bond them. It’s not expensive and is worth it. Agencies usually have all their sitters bonded.

Pet Sitters International (www.petsit.com) is the largest organization of pet sitters in the United States. They offer certification through in-home study and information for pet sitters to keep up to date and assist them in setting up their own business. Pet Sitters International began the first pet-sitter-specific criminal history verification program in 2013. It’s called the Locator Designation Program and, according to the website, checks many different sources for criminal history. However, they do want pet parents to perform their own background check. If your dog is hurt, lost, or dies as a result of a pet sitter employee who is bonded and insured, your damages will be covered. Things happen, and it’s good to know if any damages to your home or your pet occur, you will be covered.

The following are a few examples of what can happen to your pet when being cared for by a pet sitter. In each case, the sitter was insured.

• While on a walk with an insured pet sitter, a client’s dog drank water that was contaminated and became very sick. Total paid: three thousand one hundred and eighty-seven dollars.

• A pet sitter left a client’s puppy out of its crate between visits. While out, the puppy ingested hand warmers and required veterinary care. Total paid: five thousand thirty-four dollars.

• A pet sitter placed dogs in the client’s garage to keep warm. The dogs ingested antifreeze. They died. Total paid: three thousand twenty-four dollars.33

The Pet Sitters International website offers great information for pet parents on choosing a pet sitter and the important questions to ask a potential pet sitter.

The best arrangement with a pet sitter is to have them stay in your house with your dog. This way your dog remains in familiar surroundings and isn’t left alone at night, which is never safe for your dog. Provide clear written rules and instructions for the sitter and check in every day.

If you hire a pet sitter who is an employee of an agency, the agency should have business liability insurance and the employees should be bonded. If there is a problem and damages occur from the pet sitter, you have the right to sue the pet sitter (who may have limited assets) as well as the employer. Pet sitters provide services the same as another person or business that cares for your dog, and you have the right as a consumer to be compensated for any loss that occurs.

Pet parents are a large and powerful group in the pet product industry. Americans spent more than sixty million dollars on their pets in 2015. Our dogs benefit from an endless number of pet products. These products all are subject to the laws of other items in commerce and must be “fit” for the purpose they’re sold for and intended for as set forth in the Uniform Commercial Code. Dog products, such as toys, beds, houses, grooming aids, leashes, collars, and others, are not regulated or overseen by any government agency, including the Federal Drug Administration.

Unfortunately for dogs and their owners, manufacturing of pet toys relies on the honor system. Conscientious companies have safety standards to ensure their products are safe for our pets. However, the processes of less scrupulous companies are sometimes no better than trial and error. In some cases, even errors (discovered through consumer complaints) are ignored. Among the most familiar hazards are choking and stomach obstruction. Small pieces of toys as well as particles that can be chewed may be ingested and cause choking. Companies have used toxic materials and coatings that pose a risk of poisoning. The Consumer Product Safety Commission only regulates pet toys that can be proven to put consumers (people, not dogs) at risk, therefore dogs being harmed by products intended for them are not on any government regulatory radar.

Private organizations have lobbied for years for the creation and implementation of uniform, mandatory industry standards for pet products, but there’s no sign of it happening in the near future. Many dog products are on the market and bear tags proclaiming AKC approval; however the American Kennel Association has no research laboratories or testing facilities to determine if any pet product is safe. An AKC-approved sticker doesn’t mean they approve it, only that it was featured and utilized at AKC dog shows. They merely license their name and it is used in any number of misleading ways.

So what’s a pet parent to do to ensure they provide only safe toys for their canine companion? Since the manufacturing of pet accessories remains self-regulatory, it’s good to know which companies follow the only standards available, and those are the standards for the manufacturing of children’s toys. Worldwise, founded in 1990, is a company that grew out of pet parent’s frustration for safe pet products. They create eco-friendly, safe products for dogs at their California company while simultaneously calling for better government standards for pet products.

While private organizations, such as the American Pet Products Association (APPA) and the American Pet Products Manufacturers Association (APPMA), are involved with various government agencies, they are private organizations with no regulatory authority as to the safety of pet products. APPMA represents more than one thousand pet product manufacturers, importers of pet products, and suppliers of products for non-pet livestock as well. They sponsor a Global Pet Expo every year, during which the newest products for pets are on display with hundreds of pet product vendors and product manufacturers on-site to demonstrate. Research has shown that toys aren’t just a luxury for dogs, they contribute to their physical and cognitive development.

If your dog suffers harm from a pet product, you have a right to bring a lawsuit under a product liability tort action. This means you believe you can prove the product was defective and that defect makes the company liable for your dog’s harm and other damages.

You may also bring a lawsuit under your state’s code provision of the Uniform Commercial Code. It’s easy. Dog toys are made for one purpose: for dogs to play with. The manufacturer knows this, therefore they are liable if the product is not suitable for that purpose.

Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller’s skill or judgment to select or furnish suitable goods, there is unless excluded or modified under the next section an implied warranty that the goods shall be fit for such purpose.

So, if you purchase a dog toy that is not fit for the purpose of a dog playing with it, which includes biting, chewing, throwing, and tugging on it, as well as any other normal activity a dog would engage in with a toy, and your dog is harmed, you are entitled to damages, including vet bills. If your dog dies, you are also entitled to fair market value of your dog and possibly emotional damages, as discussed previously. Additionally, every state has its own consumer protection laws that may allow other causes of action in a product liability lawsuit.

For example, Maryland has the Maryland Consumer Protection Act, Md. Code Ann., Com. Law. § 13–101, et seq. (“MCPA”). In 2012, Dawn Stanley brought a lawsuit against the retailer and the manufacturer of a popular dog chew, Nylabone. Ms. Stanley filed a product liability case and pled in the alternative under the MCPA as well as for negligence, fraud, breach of implied warranties, breach of express warranties, strict liability, and unjust enrichment.

Ms. Stanley purchased a Nylabone double-action chew toy for her French bulldog, Booker, based on the many claims the manufacturer made of the safety and effectiveness of its product.

Shortly after receiving the toy and playing with it for several days, Booker began throwing up. He was rushed to an emergency veterinary hospital and returned home. After trips to a number of other clinics, exploratory surgery was performed and the vet found that a piece of the Nylabone had lodged in Booker’s small intestine. Several of Ms. Stanley’s claims were dismissed, and the retailer, Central Garden and Pet Corporation, was dismissed from the case. However, the claims of unjust enrichment and fraud were allowed to go to trial.

Before trial, Ms. Stanley’s attorney received an offer of settlement from Nylabone. She accepted it, as it covered the veterinary bills and was enough to pay the lawyer. Corporations and their lawyers will wear you out in litigation that they could easily settle initially. Happily, Booker is now a healthy six-year-old.

Pet parents should read the case,34 as it gives great information on what you must prove to win a pet product liability case and what to expect. The travesty of this case is that a simple Internet search brings up dozens of cases against Nylabone for similar incidents, yet the product is still on the market.

Pet parents do have an online independent resource as well as all the search engines and independent reviewers of dog toys and accessories. The All Creatures Great and Small website (www.benderplace.com/allcreaturesgreatandsmall) has a “Product Alerts” page that lists any product that may be harmful to animals. Don’t wait for a recall. Before you purchase a product for your dog, research the company, check reviews, and inspect the item thoroughly for potential hazards.

No dog pet parent has forgotten the huge dog food recall of 2007. I was traveling with Sadie for book signings and events. My dad called me early one morning while we were just outside of Orlando, Florida, to tell me about the dog food recall and to make sure Sadie didn’t have any of the recalled food. I turned on CNN and the story was big news. I watched as the names of the affected brands scrolled across the screen and let out a sigh of relief.

The night before, after a long nine hours on the road, I thought Sadie and I both deserved a treat. I wanted to run into Kmart to grab a few things I’d forgotten, and since it was so hot I took Sadie with me. No one asked me any questions as we made a quick dash to the cosmetics department and then to the dog food area. I went to the dog food section for one of Sadie’s “junk food” treats. I had it in my hand and for some reason changed my mind and put it back on the shelf. I decided to get her a fast-food hamburger instead, as she considered them an extra-special treat and it certainly had been a long day. As I watched the brands in the recall scrolling across the screen, I saw the brand of dog food and that particular flavor I’d held in my hand the evening before.

Pet parents panicked as the days of the recall stretched on with more and more brands being added to the tainted list every day. Dogs were getting sick in record numbers, and before long numerous deaths were reported. Grief-stricken pet parents were on the evening news, veterinarians were interviewed, and dog food company executives issued statements of apology with promises to investigate the problem.

The recall involved one hundred eighty brands, most of the biggest names in the pet food business, and dozens of the largest retailers in the United States and Canada. More than one hundred class action lawsuits were filed for death and sickness of pets that ate the tainted food. The end result was a payout of twelve million three hundred fifty-seven thousand two hundred and seventy-seven dollars divided between twenty thousand two hundred and twenty-nine claims from the United States and Canada, according to information provided by the claims administrator, the accounting firm of Heffler, Radetich & Saitta LLP in Philadelphia.

The recall also led to the criminal prosecution of the American company ChemNutra, Inc., and its owners. The owners pleaded guilty to distributing adulterated food and selling misbranded food. Despite the widespread grief their actions caused thousands of pet parents, and the serious illness and deaths of hundreds of pets, their crimes were only misdemeanors.

Unlike dog toys and accessories, dog food is subject to regulation by government agencies, including the FDA, the United States Department of Agriculture (USDA), and the Federal Trade Commission (FTC). The Federal Food, Drug, and Cosmetic Act (FFDCA) requires that all animal foods, like human foods, be safe to eat, produced under sanitary conditions, contain no harmful substances, and be truthfully labeled. In addition, canned pet foods must be processed in conformance with the low-acid canned food regulations to ensure the pet food is free of viable microorganisms.35 The USDA is involved with regulations concerning pet food labeling and identification and the approval of pet food ingredients. The FTC works to prevent misleading advertising, and pet food manufacturers must conform to the FTC’s general-truth-in-advertising standards.

Pet food is also regulated at the state level, and the regulations differ from state to state. Pet foods come under even tighter control at the state level, where each state can have its own Feed Control Laws and Regulations, Food and Drug Acts, and Weights and Measures Acts. It is important to note that state feed laws regulate the distribution of a pet food everywhere within that state. Pet foods are subject to the same regulations, whether they are sold by a veterinarian, feed store, or grocery store.

Yet with all these controls we still have pet food recalls. Pet parents should be familiar with Dog Food Advisor (www.dogfoodadvisor.com), an informative website about dog food. The website not only reviews and rates dog food, but also posts timely and up-to-date recalls and advisories. It’s a great source of information if you’re thinking of changing your dog’s diet or if you suspect your dog is sick from a food you purchased. You can sign up on the website to receive recall alerts by email so you’ll always be aware of any recalled food you might have purchased. The Truth about Pet Food (www.truthaboutpetfood.com) is another excellent website for pet parents. The site tracks and reports on lawsuits against dog food companies.

Consumers, human and canine, have a right to feel confident in the food they eat. If you suspect your dog is ill from a manufactured food, your first step is to take your dog to the vet. Save the suspected food for testing if your vet confirms the food is most likely the source of your dog’s illness.

Pet parents can definitely sue for damages from defective dog food. Individual lawsuits are expensive and often unsuccessful. However, class action lawsuits where numerous dogs have been injured or have died get the attention of the company, which is then more often than not willing to settle. In March of 2014, Diamond Pet Foods settled a class action lawsuit.36 Depending on which settlement class the plaintiff was categorized in, payments ranged from two-dollar coupons to payment in full for all veterinary bills. A total of slightly more than two million dollars was allocated for the settlement.

As in any lawsuit, documentation is important to prove your case. Keep records of your dog’s symptoms, vet records, out-of-pocket expenses, veterinary bills, and other pertinent data. Start by sending a certified letter to the legal department of the dog food company. Often they will be willing to settle with you individually. These settlements often require that you sign a release with clauses denoting that the company did nothing wrong, confidentiality, and you agree that this will be settlement in full and you can never bring a lawsuit later even if in the future your dog develops consequences directly related to the dog food illness. Many pet parents whose dog has endured pain and suffering are unwilling to take the money offered and put it behind them. Making the public aware is important to avoid further illness or death to other dogs, and even when a settlement is offered, it is often rejected.

Dog food companies also sue each other. In May of 2014, Purina filed a lawsuit against Blue Buffalo, accusing them of false advertising, unjust enrichment, and disparagement. The case is making its way through the court. According to the American Pet Products Association, the pet food industry had a market of more than twenty-two billion dollars in 2015. It’s actually a dog-eat-dog ultra-competitive business, and pet parents must protect their canine consumers for oversight and mistakes that could mean life or death for their dog.

While dogs are consumers of goods, they are also consumers of services, and this is even more true when you take your dog on the road with you. Safety is of greater importance when your dog is in unfamiliar surroundings. I had never taken Sadie to stay in a hotel, but then we got a book contract and Sadie decided she needed to be included in the contract in more ways than one.

32. Kathleen Miles, “PetSmart Sued for Puppy’s Death after English Bulldog Was Allegedly Strangled,” The Huffington Post, 9 Apr. 2012.

36. Marciano v. Schell & Kampeter Inc. d/b/a Diamond Pet Foods, et al., Case No. 2:12-cv-02708, in the US District Court for the Eastern District of New York.