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legal eagle

Dickface
OT Supporter
Jul 13, 2005
37,922
Dallas, TX
Anyone have experience with small claims court?

@stevezissou are you in law?

I have a situation not sure if it should be something I could take there. I’m out about $5000 and I’ll share the situation here if someone can offer their 2 cents
I have tried a number of cases to verdict in small claims and/or Justice of the Peace courts. It's fun, cowboy gunslingin' shit.
 

Sp33dealer

Bully Troll Crew
Aug 3, 2005
51,886
DFW
Story, I hope it makes sense. I get the feeling I’m SOL and just have to resort to blasting them online?

  • Dog is injured inside a mobile grooming van (jumped off table she wasn’t secured
  • Dog comes back in limping, groomer tells us the story and apologizes
  • We reach out to company to report and also take her to emergency vet (was on a Sunday). Owner emails back apologizing and saying “this will be covered”
  • Owner reimbursed us for that visit
  • Over next few months dog continues treatment and also on painkillers. No improvement is seen in her leg. Vet refers us to orthopedic
  • I update grooming company owner on this development and she then starts referencing their insurance company
  • Within next couple weeks dog suddenly starts acting sluggish. Take her back into emergency vet again, spends 2 days there, has acute kidney failure. We have to put her down. We suspect all the painkillers she was on for her leg injury destroyed her kidney
  • I reach out to their insurance and provide all the invoices paid.
  • Insurance says company is not at fault
 

legal eagle

Dickface
OT Supporter
Jul 13, 2005
37,922
Dallas, TX
Story, I hope it makes sense. I get the feeling I’m SOL and just have to resort to blasting them online?

  • Dog is injured inside a mobile grooming van (jumped off table she wasn’t secured
  • Dog comes back in limping, groomer tells us the story and apologizes
  • We reach out to company to report and also take her to emergency vet (was on a Sunday). Owner emails back apologizing and saying “this will be covered”
  • Owner reimbursed us for that visit
  • Over next few months dog continues treatment and also on painkillers. No improvement is seen in her leg. Vet refers us to orthopedic
  • I update grooming company owner on this development and she then starts referencing their insurance company
  • Within next couple weeks dog suddenly starts acting sluggish. Take her back into emergency vet again, spends 2 days there, has acute kidney failure. We have to put her down. We suspect all the painkillers she was on for her leg injury destroyed her kidney
  • I reach out to their insurance and provide all the invoices paid.
  • Insurance says company is not at fault
Sure, you can sue. Try to recover unreimbursed medical care as well as value of dog (whatever you paid for her)
 
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Sp33dealer

Bully Troll Crew
Aug 3, 2005
51,886
DFW
Sure, you can sue. Try to recover unreimbursed medical care as well as value of dog (whatever you paid for her)
My concern is I don’t have proof that it was the painkillers that did her in so their retort is they aren’t reasons.

It’s pretty obvious they were, I’m wondering if I’d need to get a letter from my vet saying that was a likely cause

I just don’t want to waste my time if I can get my $5k in bills back
 

legal eagle

Dickface
OT Supporter
Jul 13, 2005
37,922
Dallas, TX
My concern is I don’t have proof that it was the painkillers that did her in so their retort is they aren’t reasons.

It’s pretty obvious they were, I’m wondering if I’d need to get a letter from my vet saying that was a likely cause

I just don’t want to waste my time if I can get my $5k in bills back
You will need that expert testimony. It's called "causation"; you have to link what happened to show they caused her death. It's still a bit of a stretch, to be honest, but I've seen much weaker negligence claims. You don't need to have a vet say the fall caused her death, just that the kidney failure is, within a reasonable degree of medical probability, the result of the painkillers (and not because you or the vet overdid it).
 

Sp33dealer

Bully Troll Crew
Aug 3, 2005
51,886
DFW
You will need that expert testimony. It's called "causation"; you have to link what happened to show they caused her death. It's still a bit of a stretch, to be honest, but I've seen much weaker negligence claims. You don't need to have a vet say the fall caused her death, just that the kidney failure is, within a reasonable degree of medical probability, the result of the painkillers (and not because you or the vet overdid it).
And this vet would need to testify in person?
 

jrmcm

This world shall know pro-pain
Oct 9, 2001
73,879
Plano, TX
Coming to Dallas at the end of the month for a week.

:eek5:
GwhYpJr.gif
 
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