This was originally posted on the SGR Blog.
New York Court of Appeals Decides If Clinic Has Liability (On 10/22)
Palmer Veterinary Clinic, PC treated Vanilla, a dog, for a paw injury at its clinic. That same day, Marsha Hewitt brought her cat to the clinic for an examination. As Hewitt waited in the reception area, a veterinarian returned Vanilla to her owner in the waiting room; the dog had just undergone a medical procedure to remove a broken toenail. At some point after the veterinarian handed Vanilla’s leash back to her owner, Vanilla saw Hewitt’s cat in its carrier, slipped her collar and—in an apparent attempt to reach the cat—jumped at Hewitt from behind, grabbing her ponytail.
Several months later, Hewitt sued Palmer, alleging that she suffered injuries as a result of the incident. And alleged that Palmer had a duty to provide a safe waiting room, that Palmer breached that duty by failing to exercise due care and by bringing an “agitated, distressed” dog into the waiting area, and that Palmer knew Vanilla had vicious propensities and was in an agitated and aggressive state. Palmer denied the allegations and asserting various affirmative defenses, including that the clinic was entitled to have any liability apportioned between itself and the dog’s owner.
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