Broken Elbow

[wylie]

I know all about separated Growth plates here Jed. They happen in an instant and there is nothing you can do about them.

One of my young BC bitches separated hers at 4 months of age. Swollen to the max the next day and limping and refusing to eat at all. 10 weeks later and it has finally healed and she is running around again like a hooligan. Still pulls up sore occassionally and is back off her tucker.

Lots of rest and lots more rest and quite a few trips to our wonderful vet/chiro for alternative meds as he also does homeopathics and chinese meds.

And Shoshana i had a different bitch break her foot so badly we didnt know if she would keep it. a wonderful surgeon and a massive bill later she still has her leg.

[Shoshana]

Rosie is back home after her surgery & is recovering well.

The surgeon said that most comon elbow fractures are on the outside of the elbow but hers being on the inside indicates that there was a severe trauma that caused it.

Also - there is no defect in calcification of the intercondylar region - Rosie's bones are strong & healthy (by the way, she's been on BARF diet since 9 weeks of age).

The surgeon implanted 3 pins in the elbow but in the proces of fixing the bones she had to cut the triceps tendon - so poor Rosie will be bandaged for 3 weeks - have physio after that & hopefully 6 weeks after the surgery she'll be allowed to gradually resume normal activities.

I haven't talked to the Day Care people yet - fist they hadn't answered my message for a few days, then I was too busy organising Rosie's surgery... I'm planning to deal with them next week. First I'll ask them a few questions & see how they feel about taking some responsibility - & if that comes to nothing I'll get my lawyer to write them a nice letter - given that I never was given any paperwork other than a form to fill out with my details & signature referring me (in small print) to full terms & conditions which were never given to me. Also - there is evidence that they alow dogs to jump onto concrete from some hight. Anyway - I'll get legal advice first.

[sas]

I'm really sorry to hear about your puppy.

I'm dissapointed to hear that you seem to want to place blame....sometimes things just happen, you seemed happy with them prior to your dog being injured?

You didn't ask for the Terms & Conditions then that's your issue?

A doggy daycare to me is a place where a dog is likely to get injured, it's like a human pre-school, they play, they rumble, they fall over etc. etc.

[Teebs]

You take the chance when you leave your dog in someone elses hands, if it was me, i would say shit happens and move on.

Why do people have to blame someone all the time? Accidents happen, move on

[Crisovar]

I'm really sorry to hear about your puppy.

I'm dissapointed to hear that you seem to want to place blame....sometimes things just happen, you seemed happy with them prior to your dog being injured?

You didn't ask for the Terms & Conditions then that's your issue?

A doggy daycare to me is a place where a dog is likely to get injured, it's like a human pre-school, they play, they rumble, they fall over etc. etc.

My thoughts too.

Hope the pup recovers well, but I think it is a risk you take wherever dogs are allowed to run and together, it happens in backyards.

If you put your dog in that situation you cop it on the chin I feel.

[Fevah]

Hi Shoshana,

Didn't realise it was your Rosie who was injured so am sorry it has taken so long to reply. I hope she is doing well and that you aren't stressing yourself out too much. Hopefully you can still make it to the next Adelaide DOL meet but if not we'll definately be thinking of you.

If I was in your position I would be reacting the same way. My old girl only had two so called 'accidents' - being attacked in a park when a dog jumped his fence (and whether I had been part of this forum and wrote of it on here would I also be getting 'get over it's I wonder?) and getting pancreatitis (we accept that was totally our fault, bad bad bad diet). While she was with us we moved house twice, the first backyard was many leveled and had stairs going down to our grassy area. Our second house was two storey so there were stairs inside and had a massive retaining wall out back. Plenty of chances for 'accidents' but none ever happened. I consider an 'accident' to be something minor, like a bruised paw, not major like a broken elbow.

I am sorry for your and Rosie's pain and hope the day care at least offer to help out with vet costs.

Hugs from me, Remy, Jicin, Tyche and Jacques.

[Pug Hugger]

I think you are correct to get some legal advice, especially after what the surgeon has told you.

Sometimes things just happen - but if there has been negligence by the daycare I see no reason why you should not be able to have some of your costs met.

I think you are doing the right thing by speaking to a solicitor.

[PAX]

I haven't talked to the Day Care people yet - fist they hadn't answered my message for a few days, then I was too busy organising Rosie's surgery... I'm planning to deal with them next week. First I'll ask them a few questions & see how they feel about taking some responsibility - & if that comes to nothing I'll get my lawyer to write them a nice letter - given that I never was given any paperwork other than a form to fill out with my details & signature referring me (in small print) to full terms & conditions which were never given to me. Also - there is evidence that they alow dogs to jump onto concrete from some hight. Anyway - I'll get legal advice first.

Severe trauma could be two dogs crashing into one another while running.

With attitudes like this we will have nowhere to take our dogs, no obedience clubs, shows, dog trials or any other public outings as the insurance will be too high for anyone to afford.

Accidents happen.

[Pug Hugger]

I haven't talked to the Day Care people yet - fist they hadn't answered my message for a few days, then I was too busy organising Rosie's surgery... I'm planning to deal with them next week. First I'll ask them a few questions & see how they feel about taking some responsibility - & if that comes to nothing I'll get my lawyer to write them a nice letter - given that I never was given any paperwork other than a form to fill out with my details & signature referring me (in small print) to full terms & conditions which were never given to me. Also - there is evidence that they alow dogs to jump onto concrete from some hight. Anyway - I'll get legal advice first.

Severe trauma could be two dogs crashing into one another while running.

With attitudes like this we will have nowhere to take our dogs, no obedience clubs, shows, dog trials or any other public outings as the insurance will be too high for anyone to afford.

Accidents happen.

Yes accidents do happen. But we do not know the full story here do we? What if the daycare centre is just letting dogs of various sizes mix and jump onto concrete? What if they were not disposing of their garbage properly and someone's dog got a cut foot or twisted bowel due to eating it? Is that an accident? No - it is negligence. If the OP's pup is in this way purely because of negligence she is entitled to be compensated. Any solicitor worth their salt will be able to tell her whether it is worth looking further into or whether she should just cut her losses.

There is absolutely nothing wrong with getting some legal advice in this situation - to me it is the sensible thing to be doing.

ETC: Spelling

Edited September 14, 2008 by Pug Hugger

[Kavik]

I'm sorry your pup got injured :p

I've worked in a doggy daycare - they can play and tumble pretty rough sometimes!

Sometimes things just happen though. Diesel was playing with Zoe when he was 6 months old, just like he normally does, zooming around the yard and a bit of a wrestle. A bit of a collision and he landed badly and screamed Turned out a nice spiral fracture in his right hind leg - required pins, screws, external fixatur and lots of $$$. The vet asked if he had been hit by a car ;) - no, only a 14kg dog - probably about what he weighed at the time too, maybe less than what he weighed.

[Janba]

Hi Shoshana,

My old girl only had two so called 'accidents' - being attacked in a park when a dog jumped his fence (and whether I had been part of this forum and wrote of it on here would I also be getting 'get over it's I wonder?)

There is a big difference between an accident while dogs are playing and an aggressive attack by an escaping dog.

Unfortunately this kind of thing is one of the risks you take by letting dogs play and puppies can be very rough in their play.

I hope the pup makes a full recovery.

[mcq]

I haven't talked to the Day Care people yet - fist they hadn't answered my message for a few days, then I was too busy organising Rosie's surgery... I'm planning to deal with them next week. First I'll ask them a few questions & see how they feel about taking some responsibility - & if that comes to nothing I'll get my lawyer to write them a nice letter - given that I never was given any paperwork other than a form to fill out with my details & signature referring me (in small print) to full terms & conditions which were never given to me. Also - there is evidence that they alow dogs to jump onto concrete from some hight. Anyway - I'll get legal advice first.

Severe trauma could be two dogs crashing into one another while running.

With attitudes like this we will have nowhere to take our dogs, no obedience clubs, shows, dog trials or any other public outings as the insurance will be too high for anyone to afford.

Accidents happen.

Well said... Unless the DDC is proven negligent, it should be considered an accident - it's horrible though, I have to mention that if it was your kid who fell over in the playground and cracked their skull open, would you be suing the child carers or shrugging and saying, "kids will be kids"? Ok, but if your child fell over cracked their skull and noone saw it, no one noticed and they were left bleeding without care - THAT's negligence.

Shoshana, did the DDC call you to tell you what had happened or did you only find out when you arrived to collect your pup?

[ClareL]

I run a dance school and work with kids, might sound harsh to say this but there is kind of the same risks involved.

We have a stage in our hall and i was running my class up one end and my sister had left her kids up the other on the stage. One kid for no apparent reason ran straight off the stage (I saw it happen but was too far to stop it) she hit the floor so hard and luckily for us she didn't hurt herself just gave herself a good scare. Now we are liable for that happening if she had to go to the doctors we would have had to pay for it, i would have offered (Mum never asked apparently the girl had done stuff like this before and she wasn't hurt so i didn't offer no need)

I pay someone to watch my dog i expect them to watch the dog. This person isn't seeking money for emotional stress just for the direct costs, they haven't told her what happened so either they are trying to hide it as they know they are in trouble or they weren't supervising therefore liable and they should have insurance so they should pay the vet bill, no ongoing costs if the dog loses his leg as it was an accident but the direct costs of that accident.

I drive my car into yours its an accident but you still want me to pay to fix your car dont you?

[poodlefan]

I drive my car into yours its an accident but you still want me to pay to fix your car dont you?

Yes, because YOU caused it. How do you know the DDC caused the shoulder injury? If as an owner, you had proof, you'd sue them. If you don't, you've got nothing.

Shit happens and someone isn't always to blame.

The concept of comparing responsiblities for child safety and dog safety doesn't stack up. You don't have an established duty of care to property and that's what dogs are under the law.

Perhaps folk who use DDCs need to be more aware that operators are pretty much unregulated. They are NOT equivalent to child care centres.

It's user beware.

Edited September 18, 2008 by poodlefan