Katie Needs Surgery Now

If you have a dog or cat, how would you like to be told – “Our policyholder may have damaged your pet. And even though they were negligent, there’s a potential concern with this claim and it could be tricky.“

This is the position being held by a national insurance company.  The damage will require surgery / rehabilitation and likely now have to be settled in Justice (Small Claims) Court.  All the while, your furry family member continues to have to suffer as a result.

Back in late April, I took my healthy 8-year-old Shetland Collie to Paws of Paris pet groomers in preparation for the hot summer weather. We went in with her walking on all four legs. Three hours later, I’m picking her up hobbling on three legs.

Refusing to put her leg down later that afternoon, I take Katie to Encore Veterinarian Hospital to meet up with the manager of the groomers.  Dr. Lurvey takes radiographs (x-rays) to diagnose the damage. “There’s no broken bones. We’re most likely looking at a soft tissue injury.” FYI – a damaged ligament/tendon is called a “soft tissue injury”.

We return two weeks later for the follow-up visit at Encore. Katie is still not able to put weight on her leg without overextending her ‘wrist’. Dr. Redding takes more radiographs from different angles. Her notes indicate an orthopedic specialist is recommended for the injury.

The owner of the grooming company requested we go to Angel Vet Clinic to get a second opinion. After six splints (a support cast with layers of gauze and tape), a walking boot, and a neoprene support sleeve, Dr. Battershell makes the decision to send a referral to an orthopedic veterinary surgeon in Dallas to repair her damaged leg. At this point, the owner turned it over to her insurance company.

Under current bailment laws in Texas, courts routinely hold negligent businesses responsible for the cost of veterinary care required to cure the animal, regardless of insurance market value.  **This is provided the groomer has a policy that includes an Animal Bailee coverage rider.  If the groomer does, the insurance company is liable and will have to cover it.  If the groomer does not have such a rider, they are legally responsible for repairing the damage.
You can also read more about Pancho’s Law (HB 285).

Did Katie get out of an open gate and get hurt down the alley?  Was she chasing a cat across a busy street and got hit by a car?  No, she was left in the care of the groomer, and they were negligent and failed to protect my little girl while in their custody.  Full stop.

Katie is a documented essential Emotional Support Animal for a disabled senior and has had to “three leg around” for over four months now after the visit to Paws of Paris… accident or not.  To date, neither Nationwide Insurance or owner Melinda Yzaguirre have assumed financial liability for the damage done.

#JusticeForKatie  #HelpKatieHeal  #PetSafety

Everyone in Texas who owns a pet and cares about the laws that protect them should join the Texas Humane Legislation Network (thln.org). This is a non-profit, grassroots organization that fights for animals in the Texas legislature.

error: Content is protected !!