I'm just, uh, just feeling kinda... truthsome right now. And, uh... life's just too damn short for ifs and maybes.

Mal ,'Heart Of Gold'


Spike's Bitches 48: I Say, We Go Out There, and Kick a Little Demon Ass.  

[NAFDA] Spike-centric discussion. Lusty, lewd (only occasionally crude), risqué (and frisqué), bawdy (Oh, lawdy!), flirty ('cuz we're purty), raunchy talk inside. Caveat lector.


beekaytee - Dec 04, 2013 11:50:04 am PST #6783 of 30002
Compassionately intolerant

Okedokey folks. It just gets crazier.

If I do say so myself, the email I craft to the employee was compassionate and balanced, indicating the legal limitations in situations like this, relating the upset to my own experiences and assuring her that the vet bill is being paid.

She wrote back saying that there were witnesses and that she does not want to get the local authorities involved, but it is 'best practices' for her to be paid for the entire boarding fee, "For the traumatic experience that occurred."

Then, she left me a voice mail stating flat out that she doesn't want to get attorney's involved but she wants someone to be held reponsible and also, um Also, some sort of…let’s say monetary compensation?

With a big question mark at the end.

She called my business line and left all this in a recording that I have downloaded and transcribed.

LEGAL QUESTION...The total she has ever made from the company is less than $300. (new employee)

The contract she signed states the following...Am I right in reading it to say that she could claim personal injury damage up to that $300? (the italics are not mine...the document is written that way)

Limitation of Liability. NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES EVEN IF THE PARTY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM FOR SUCH DAMAGES IS ASSERTED UNDER A THEORY OF BREACH OF CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, AND ANY CLAIM TO SUCH DAMAGES IS EXPRESSLY WAIVED. FOR PURPOSES OF THIS SECTION, ANY DAMAGES PAYABLE TO THIRD PARTIES FOR AN INDEMNIFICATION OBLIGATION SHALL BE CONSTRUED AS DIRECT DAMAGES. EXCEPT FOR INDEMNIFICATION OBLIGATIONS AND PERSONAL INJURY CLAIMS, THE LIABILITY OF EITHER PARTY TO THE OTHER UNDER THIS AGREEMENT SHALL NOT EXCEED AN AMOUNT EQUAL TO THE VALUE OF ANY AND ALL PAYMENTS MADE TO CONTRACTOR UNDER THIS AGREEMENT.


erikaj - Dec 04, 2013 11:51:44 am PST #6784 of 30002
Always Anti-fascist!

I think Rocky would love that, Calli.


Sparky1 - Dec 04, 2013 12:14:59 pm PST #6785 of 30002
Librarian Warlord

Bonny, I read that as saying she only has two causes of action open to her, indemnification orper sonar injury. I don't read it as limiting the amount she can claim. I read it as her waiving all other causes of action because she has accepted the $300.

I have not touched anything to do with practice in over 20 years, so . . .


Strix - Dec 04, 2013 1:02:52 pm PST #6786 of 30002
A dress should be tight enough to show you're a woman but loose enough to flee from zombies. — Ginger

OK, do I get this right? She (an employee) has her dog bitten by a client's dog. She was having her dog boarded at the same time another dog was being boarded. So, she is a client that was paying the boarding fee, too? That's the only reason as to why I can see she is asking to have the boarding fee waived or refunded.

The company asked the client to pay her dog's vet bills, and client is doing so. Sure, totes reasonable. I'm confused as to the whole boarding thing, but any money beyond the vet bills and (possibly) the waiver of the boarding fee is totes ridic. Especially if she doesn't want to get "authorities" involved. And I think they would scoff at her: "Your dog was bitten by another dog in a dog boarding facility, and the biter's owner is paying the vet bill? Um..."


beekaytee - Dec 04, 2013 1:15:29 pm PST #6787 of 30002
Compassionately intolerant

No Strix, she IS the boarder, who brought the client dog into her home with her own dog. While she was not looking, an altercation occurred during which her dog sustained two puncture wounds.

When she first spoke to me, she wasn't going to take the dog to the vet at all. It was at my insistence that she did so. The $175 invoice is being paid by the owner of the boarded dog because I asked him to.

In this case, it is impossible to prove fault...her dog could just as easily have instigated the fight.

She is weedling for 'pain and suffering' because her dog is so traumatized that the human can no longer work. She is claiming lost wages.

I should point out that she told me all this in a voice mail she left while stepping out of a meeting at her job, which I did not know she had.

Sparky, does 'my dog was bitten...not very badly' qualify as personal injury?


Ginger - Dec 04, 2013 1:19:20 pm PST #6788 of 30002
"It didn't taste good. It tasted soooo horrible. It tasted like....a vodka martini." - Matilda

So she brought a strange dog into her house for money, and the strange dog bit her dog. I think her dog should sue her.


beekaytee - Dec 04, 2013 1:29:05 pm PST #6789 of 30002
Compassionately intolerant

So she brought a strange dog into her house for money, and the strange dog bit her dog. I think her dog should sue her.

If only he could.

The thing is, we've boarded this dog before, without incident. The other employees outlined for me their very practical safeguards when they bring strange dogs into their homes. As if it were just a matter of course when working with animals who are inherently unpredictable.

Of course, _now_ the offending client dog has a permanent record with us and will probably be referred out, but up until now, we've had no reason to suggest any but practical precautions.


Strix - Dec 04, 2013 1:38:37 pm PST #6790 of 30002
A dress should be tight enough to show you're a woman but loose enough to flee from zombies. — Ginger

No Strix, she IS the boarder, who brought the client dog into her home with her own dog. While she was not looking, an altercation occurred during which her dog sustained two puncture wounds.

So she wants the vet bill AND the $ the company got for boarding? Plus WOE IS ME, WOE IS MA DOG $$?

Oh, cry me a fucking river. A strange dog in your home means, even with the mellowest Buddha-dogs, shit may happen. If you are not cognizant of this, and prepared for the possibility -- DON'T BOARD DOGS. The end.

IMHO, she's just trying to milk it, and trying to skeer you with "AUTHORITAHS! LAWYEREZ!" and she's got no leg to stand on. Any attempt on her part to appeal to the cops or lawyers would get her a sideeye and perhaps a polite chortle.

It sucks that her dog got bitten, but she made the decision to allow a strange dog into prolonged contact with her pet.


le nubian - Dec 04, 2013 1:58:14 pm PST #6791 of 30002
"And to be clear, I am the hell. And the high water."

Judge Judy would say that she assumed some risk by taking in the strange dog. The material costs associated with getting the dog care have been covered. She cannot expect any other compensation.


Beverly - Dec 04, 2013 2:00:31 pm PST #6792 of 30002
Days shrink and grow cold, sunlight through leaves is my song. Winter is long.

"We understand that you and your dog are upset that this happened. It is of course your prerogative to seek legal counsel on a fair outcome for this matter. For expediency's sake, all remuneration, for vet fees, boarding, as well as any possible fees you may be awarded for your upset and inconvenience, will be held in abeyance until such fees are ascertained and a total of all monies to be awarded is reached.

"Once again, we sympathize with the trauma experienced by you and by your dog.

"Sincerely (in hell),

Let us pull the other one."