Boarding Facility Liability When a Dog Is Injured in a Kennel

Attorney Answer

Yes, a boarding facility can be liable — and your facts are better than most, because a dog housed in an upper kennel he could fall from raises a direct question about how the facility housed and secured him.

South Carolina has no statute on this; it is governed by common law. When you leave your dog at a boarding facility you create a bailment: the facility takes custody of property that belongs to you and owes a duty of reasonable care to keep it safe and return it in the condition received. What helps you most is that your dog was in the facility's exclusive control when he was hurt. You were not there, and the facility is the only party that can explain what happened. A boarding business is also expected to use the care a reasonable kennel operator would: appropriate kennel assignment for the dog's size and behavior, secure latches and barriers, and adequate supervision.

Two realities to price in. First, the boarding agreement you signed almost certainly contains a limitation-of-liability or assumption-of-risk clause, and that document will be the facility's first defense. Second, South Carolina treats a dog as property, so recovery is usually built around the veterinary bills and related economic loss rather than the emotional value of the animal. Keep the receipts; they are the case.

What you can do 1. Notify the facility in writing today that your dog was injured in its care and that you expect the veterinary costs covered — a written demand starts the record and often triggers their insurer. 2. Ask in writing for the incident report, the kennel assignment records, and any surveillance footage of the kennel area, and state expressly that you are asking them to preserve the video. Most systems overwrite within days. 3. Have your veterinarian document in the record how the injury is consistent with a fall from height, and keep every invoice, including the surgery estimate. 4. Photograph the kennel setup if you are allowed back on the premises, noting the height of the upper kennel and the condition of the door or latch. 5. Re-read the boarding contract and identify any liability-limiting clause before you negotiate. 6. If the facility refuses, magistrate's court handles smaller money claims without a lawyer; ask the clerk about the dollar limit.