COBB COUNTY, Ga. — A Cobb County man is coping with the loss of his dog after it appears the dog was attacked while being boarded during Memorial Day weekend. He said the business failed to do its job to protect his pet.
Chad Benton was barely a quarter of the way through his family vacation in Hawaii, thousands of miles away, when he heard the news. He had boarded his Affenpinschers, Squiggy and Leni, at Best Friends Pet Hotel on Johnson Ferry Road. During what's known as "group play," Benton said management found Leni laying on her side and immediately took her to the veterinarian. The 18-month-old dog eventually passed away.
"This wasn’t playtime, this was an attack," Benton said. “We talked to the manager a few times just to find out how this could happen, and we were hearing…they kept saying no one saw or heard anything. I don’t know if it was because they were so crowded on Memorial Day that maybe they weren’t watching them as closely as they should’ve been or if there were other factors.”
Benton gave 11Alive a copy of the necropsy report on the dog, which revealed severe bites broke Leni's ribs and spine, punctured her throat and caused internal bleeding. Benton said the cameras inside Best Friends Pet Hotel stream, but they were not recording, so it is tough to know exactly what happened.
Best Friends management said there was a risk any time someone brings a dog into their care, just like going to a dog park. Owners are required to sign a liability waiver before allowing the daycare to take in their pet. The business sent the following statement to 11Alive:
"Our heartfelt condolences go out Leni Benton’s family and we are saddened by her loss. Nothing is more important to us than the health and safety of pets in our care. Unfortunately, due to impending litigation we are unable to comment at this time."
"I don’t know if they’re covering something or if they really just don’t know. Either way, they weren’t doing their job," Benton said. "Their core job is to take care of our pets when we can’t be with them. That’s their only job really. They didn’t do that.”
Attorney Jeff Shiver, who is not affiliated with the case in any way, said because Benton signed a waiver clearing the daycare of injury, harm or loss, a gross negligence claim could be difficult to make against the business. Shiver said per Georgia law, the most Benton could get out of the business is the fair market value of his dog. A 2016 case designates pets as personal property as opposed to being equivalent to human life in the case of loss.
"If the doggie daycare had reason to know another dog was violent, and they knew they shouldn't have done it but did it anyway, you could argue that's gross negligence," Shiver said. "There’s a tremendous disconnect between what the owners have lost and what they would actually be able to recover in a court for the value of the animal.”
Shiver recommends people do their research before boarding their pets, such as reading reviews, asking questions, touring the facility, and reading and negotiating any contract.
Benton said Best Friends covered boarding costs for his older dog, Squiggy, who he said reminded him of Leni every day. He hopes no one else experiences a loss the way he did. Benton said he has sent a letter, through his attorney, to Best Friends requesting compensation for the loss of his dog.
"Leni was supposed to have a nice, long life. I still think about her last minutes, sitting there along, struggling for life," Benton said. "A few thousand dollars isn't going to make up for the heartbreak and the companionship we're going to miss out on with her."