Overview

You've received a demand letter claiming your grooming or boarding business injured a client's pet. Under California law, pet care providers are bailees for hire who must exercise reasonable care when entrusted with animals. However, you're not an insurer of animal safety, and many claims can be successfully defended.

Bailment Standard

As a bailee for hire, you must exercise the care that a reasonably prudent person would use. You're not strictly liable for all injuries.

Waiver Protection

Properly drafted liability waivers can limit or eliminate liability for many types of injuries, though not gross negligence or intentional misconduct.

Documentation Matters

Detailed intake forms, incident reports, and photo documentation before/after service provide crucial evidence for your defense.

When Pet Owners Make Claims

Pet grooming and boarding negligence claims typically arise when an animal is injured, becomes ill, or dies while in your care. The pet owner (bailor) will allege that you failed to exercise reasonable care, causing harm to their animal. Common scenarios include:

  • Grooming injuries - Cuts from clippers, scissors, or razor burn
  • Heat-related incidents - Burns from dryers, heat stroke during drying
  • Falls and trauma - Animals falling from grooming tables or cages
  • Dog-on-dog incidents - Fights or attacks during boarding or daycare
  • Escape situations - Pets escaping and becoming lost or injured
  • Medical emergencies - Failure to respond to health issues
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Defense analysis, liability evaluation, and professional response letter to protect your pet care business.

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Common Claims

Understanding the types of claims pet owners make helps you prepare an effective defense. Here are the most frequent allegations against grooming and boarding businesses.

Clipper Cuts & Nicks

Allegations of cuts, abrasions, or wounds from grooming tools. Often occur in sensitive areas or on matted fur.

Medium Risk

Burns & Heat Injuries

Claims of burns from cage dryers, hand dryers, or heated grooming tools. Can include clipper burn from friction.

High Risk

Falls from Tables

Injuries from animals falling or jumping from grooming tables, bathing areas, or elevated surfaces.

High Risk

Dog Fights

Injuries from altercations between animals during boarding, daycare, or group play sessions.

High Risk

Escaped Pets

Animals escaping during boarding or grooming, resulting in the pet becoming lost, injured, or killed.

High Risk

Failure to Follow Instructions

Claims you disregarded specific care instructions regarding diet, medication, or handling requirements.

Medium Risk

Illness or Disease

Allegations that the pet contracted kennel cough, parvo, or other illnesses at your facility.

Medium Risk

Death in Care

Most serious claims involving animal death from any cause while in your custody.

High Risk

Pet Value Claims

California law traditionally limits pet damages to "fair market value," which is usually low. However, courts increasingly consider:

  • Veterinary treatment costs (can be substantial)
  • Special value for breeding, show, or service animals
  • Emotional distress damages in egregious cases
  • Punitive damages if gross negligence or intentional conduct

Defense Strategies

Multiple defenses may apply to pet grooming and boarding negligence claims. Identify which apply to your situation.

Standard Procedures Followed

Demonstrate that you followed industry-standard grooming or boarding procedures. This directly rebuts the "breach" element. Document your standard operating procedures and show they were followed.

When to use: You can show your staff followed all standard safety protocols and procedures during the incident.

Signed Waiver/Release

A properly drafted liability waiver can bar claims for ordinary negligence (though not gross negligence). California enforces waivers for recreational activities and pet services when clearly written and voluntarily signed.

When to use: Owner signed intake paperwork with clear assumption of risk and release language before the service.

Pre-Existing Condition

The injury or condition existed before the pet entered your care. This challenges causation. Before/after photos and intake condition notes are crucial evidence.

When to use: You documented the condition on intake, or the owner's vet records show pre-existing issues.

Inherent Risk of Service

Certain risks are inherent to grooming (clipper irritation on sensitive skin) or boarding (minor scuffles in group play). Owners assume these known risks when choosing these services.

When to use: The injury falls within the normal, inherent risks that any reasonable pet owner would understand.

Comparative Negligence

The owner's own negligence contributed to the harm. Examples: failing to disclose behavioral issues, allergies, medical conditions, or prior injuries.

When to use: Owner withheld information about aggression, health issues, or special needs that contributed to the incident.

Failure to Follow Instructions

If the owner gave specific instructions you followed and injury resulted anyway, or the owner failed to provide necessary information, liability may be reduced or eliminated.

When to use: You followed the owner's specific instructions, or they failed to provide critical information about their pet's needs.

Animal's Own Conduct

The animal's own behavior (jumping, thrashing, biting, aggression) caused or contributed to the injury. Unpredictable animal behavior is a recognized defense.

When to use: The pet's sudden movement, aggression, or unpredictable behavior directly caused or contributed to the incident.

No Causation

Challenge that your conduct actually caused the alleged harm. The condition may have developed after the pet left your care or have other causes.

When to use: The claimed injury wasn't observed at pick-up, developed later, or has alternative explanations.

Defenses That Don't Work

  • "We're not responsible for accidents" - You still owe reasonable care
  • "We didn't charge much" - Fee amount doesn't affect duty
  • "This never happened before" - Track record doesn't excuse negligence
  • Waiver of gross negligence - California voids these provisions

Evidence to Gather

Your documentation is critical to defending against negligence claims. Gather and preserve the following evidence immediately.

Intake Documentation

  • check Signed service agreement/contract
  • check Liability waiver and release form
  • check Intake condition notes and checklist
  • check Owner-provided care instructions
  • check Medical/vaccination records provided

Photo/Video Evidence

  • check Before photos (at intake)
  • check After photos (before pickup)
  • check Facility surveillance footage
  • check Photos of any incident or injury
  • check Photos of equipment condition

Incident Reports

  • check Written incident report from staff
  • check Time and date of incident
  • check Names of witnesses/staff present
  • check Description of what happened
  • check Actions taken in response

Staff & Training Records

  • check Staff training certifications
  • check Employee who handled the pet
  • check Staff written statement
  • check Standard operating procedures
  • check Safety training documentation

Additional Evidence to Request

  • Veterinary records - Request all vet records for the pet, including pre-existing conditions
  • Prior grooming history - Was the pet groomed elsewhere? Any prior incidents?
  • Veterinary bills - Itemized bills to verify treatment and costs claimed
  • Communication records - All texts, emails, and call logs with the owner

Preserve Evidence Immediately

As soon as you receive a demand letter:

  • Put a litigation hold on all related documents and footage
  • Back up any surveillance video before it auto-deletes
  • Gather staff statements while memories are fresh
  • Do not discard any intake paperwork or incident reports

Sample Response Language

Copy and customize these response templates for your situation. Adjust based on your specific facts and defenses.

Insurance Referral Response
I acknowledge receipt of your demand letter dated [DATE] regarding the incident involving your pet [PET NAME] on [INCIDENT DATE]. This matter has been reported to our business liability insurance carrier: [INSURANCE COMPANY] Claim Number: [CLAIM NUMBER] Adjuster: [NAME] Phone: [PHONE] Please direct all future correspondence regarding this claim to the above adjuster who is authorized to discuss this matter on behalf of our business.
Waiver Defense Response
I have reviewed your demand letter dated [DATE] regarding services provided for [PET NAME] on [DATE]. Prior to providing services, you signed our Service Agreement and Liability Waiver, which you acknowledged reading and understanding. This agreement included a clear assumption of risk provision and release of liability for the type of incident you now claim. Specifically, the waiver states: [QUOTE RELEVANT WAIVER LANGUAGE] California law upholds such voluntary waivers for pet care services. Accordingly, we respectfully decline your demand. Our facility followed all standard safety procedures, and your signed waiver bars recovery for the claimed incident. We are happy to provide a copy of your signed waiver upon request.
Denial - Standard Procedures Followed
I have reviewed your demand letter regarding [PET NAME] dated [DATE] and must respectfully dispute your allegations. Our records indicate that all standard grooming/boarding procedures were followed during your pet's visit on [DATE]. Specifically: [DESCRIBE PROCEDURES FOLLOWED - e.g., "Your pet was groomed by a certified groomer following our standard safety protocols," "The pet was monitored regularly during boarding," "All handling followed industry best practices"] Our staff member, [NAME], documented [DESCRIBE DOCUMENTATION - e.g., "before and after photos showing no injury at time of pickup," "no unusual behavior or incidents during the service"]. The alleged injury was not caused by any negligence on our part. [ADD SPECIFIC DEFENSE - e.g., "The condition appears to have developed after your pet left our care," "This minor skin irritation is an inherent risk of grooming matted fur"] We deny liability for this claim.
Pre-Existing Condition Defense
I dispute your demand letter dated [DATE] regarding [PET NAME]. Our intake documentation from [DATE] clearly notes that [DESCRIBE PRE-EXISTING CONDITION - e.g., "your pet had severe matting requiring extensive dematting," "skin irritation was present on arrival," "your pet was limping when dropped off"]. This was documented by our staff and, upon information and belief, was known to you at the time of drop-off. [REFERENCE ANY DISCLOSURE - e.g., "You disclosed that the pet had skin sensitivity," "Our intake form notes this condition was discussed with you"]. The condition you now claim was not caused by our services but existed prior to your pet's visit. We followed appropriate procedures given the pet's condition and cannot be held liable for pre-existing issues. We reject your demand in its entirety.
Owner Negligence / Failure to Disclose
I have reviewed your demand dated [DATE] and must dispute liability based on your failure to provide material information about your pet. Your intake form asked about [DESCRIBE WHAT WAS ASKED - e.g., "behavioral issues, aggression history, medical conditions, allergies, special handling requirements"]. You [DESCRIBE OMISSION - e.g., "did not disclose your pet's history of aggression toward other dogs," "failed to mention your pet's skin condition requiring special shampoo," "did not inform us of your pet's seizure disorder"]. Had this information been disclosed, we would have [DESCRIBE WHAT YOU WOULD HAVE DONE - e.g., "kept your pet separated from other animals," "used hypoallergenic products," "taken additional precautions"]. Your failure to provide this critical information directly contributed to the incident. Under California comparative negligence principles, your own negligence bars or substantially reduces any recovery. We deny liability.
Settlement Offer
Without admitting liability, and solely to resolve this matter amicably, [BUSINESS NAME] is prepared to offer [$AMOUNT] in full settlement of all claims arising from the incident involving [PET NAME] on [DATE]. This offer is made in recognition of your emotional distress and our desire to maintain positive customer relationships, not as an acknowledgment of wrongdoing. We maintain that our staff followed all appropriate procedures. This offer covers [DESCRIBE - e.g., "reimbursement of the veterinary examination," "the grooming fee refund you requested"] and constitutes a complete resolution of this matter. This offer is contingent upon execution of a complete release of all claims and is valid for [14] days. If not accepted by [DATE], it is withdrawn.

Insurance Coverage

Pet care businesses should maintain appropriate insurance coverage. Understanding your policies helps you respond properly to claims.

General Liability Insurance

  • Covers bodily injury and property damage claims
  • Typically covers injuries to pets as "property damage"
  • Provides defense costs for covered claims
  • Standard policies: $1M per occurrence / $2M aggregate
  • May have animal care exclusions - review your policy

Professional Liability (E&O)

  • Covers errors and omissions in professional services
  • Important for grooming negligence claims
  • Covers claims general liability may exclude
  • Look for pet care-specific professional coverage
  • Often includes legal defense costs

Care, Custody & Control

  • Specifically covers property in your care
  • Critical for boarding facilities and daycares
  • Covers pet injuries, death, or escape
  • Often a separate endorsement or policy
  • Check coverage limits for high-value animals

Business Owner's Policy (BOP)

  • Combines general liability with property coverage
  • May include some professional liability
  • Often more cost-effective for small businesses
  • Review exclusions for animal-related claims
  • May need additional endorsements for full coverage

Notify Your Insurer Promptly

Most insurance policies require prompt notice of claims or potential claims. Failure to notify timely can result in coverage denial. As soon as you receive a demand letter:

  • Report the claim to your insurance carrier within the policy's notice period
  • Provide copies of the demand letter and all related documents
  • Do not admit fault or make settlement offers without insurer approval
  • Cooperate with the insurer's investigation

Coverage Gaps to Watch For

  • Animal exclusions - Some general liability policies exclude animal-related claims entirely
  • Care, custody & control exclusions - Standard CGL excludes property in your care
  • Professional services exclusion - Grooming may be considered "professional services" requiring separate coverage
  • Intentional acts - No coverage for intentional harm or criminal conduct
  • Punitive damages - Often excluded from coverage

Next Steps

Take these actions promptly after receiving a pet grooming or boarding negligence demand letter.

Step 1: Notify Insurance (Day 1)

Contact your business liability insurer immediately. Provide the demand letter and all incident documentation. Late notice can void coverage.

Step 2: Preserve Evidence (Day 1-2)

Implement a litigation hold. Preserve all documents, photos, video footage, and records related to the pet and incident.

Step 3: Gather Documentation (Day 1-3)

Collect intake forms, waivers, incident reports, staff statements, before/after photos, and training records.

Step 4: Review Response Deadline (Immediate)

Note any deadline in the demand letter. Most give 10-30 days to respond. Don't let it pass without acknowledgment.

Response Timeline

Timeframe Action Priority
Immediately Notify insurance carrier Critical
24 hours Preserve all evidence and footage Critical
48 hours Gather incident documentation High
1 week Get staff written statements Medium
Before deadline Send response (or attorney response) Critical

What NOT to Do

  • Don't ignore the letter - Silence can be used against you and may waive defenses
  • Don't admit fault - Even apologizing can be construed as an admission
  • Don't delete anything - Destroying evidence after a claim can result in severe sanctions
  • Don't settle without insurer consent - This can void your coverage
  • Don't discuss the case publicly - Social media posts can hurt your defense

Get Professional Help

Pet negligence claims can escalate quickly. Get a professional response that protects your business and insurance coverage.

Schedule Consultation - $450

California Resources

  • Civil Code 1852-1856: California bailment law for hired bailees
  • Code of Civil Procedure 338: Statute of limitations for property damage
  • Penal Code 597: Animal cruelty laws (gross negligence exposure)
  • Local animal services: Permit and licensing requirements
  • California Department of Consumer Affairs: Business licensing information

Preventing Future Claims

Use this experience to strengthen your business practices:

  • Review and strengthen your liability waiver with an attorney
  • Implement consistent before/after photo documentation
  • Train staff on incident reporting procedures
  • Verify your insurance covers all your services
  • Consider adding surveillance cameras to document care