This is awful and certainly an outrage. The woman's response is clearly inappropriate and indicates that she knows that what she did was wrong. In your position however, I would not attempt to take legal action. Primarily because I think it would be of little benefit, but may cause you to incur additional expenses. This is just my opinion as an attorney and yorkie owner; please do not take it as definitive legal advice as I do not practice in your area.
The problem I see is with proving damages, unless you had intended to participate in confirmation showing, your little pup is a model, etc. Animals in every state are considered personal property. When someone negligently causes damage to your property it is up to you to prove that you lost value. Either the property is a total loss and you are entitled to its fair market value, if the property does not have a fair market value you are entitled to its replacement cost. Thank goodness we do not have a total loss here. If the property is repairable you are entitled to the cost of repair, in some cases loss of use, lost value. So in this case unless you intended to show or sell the dog you have no future damages or any real tangible loss other than vetting costs, which it sounds like, were fairly nominal. You cannot recover emotional distress damages for property loss, pain and suffering on behalf or your dog, etc and to pursue it in small claims you would likely have a $30-$50 filing fee you could not recover, the costs are greater in superior court but the damage definitely would not (at least in WA, OR, ID, CA and I think most states) get you into superior court.
I would write them a complaint letter, just so you can get all your feelings out. Go to the BBB in your area and post some negative reviews of the business on websites, city search, etc. and here on YT and love your pup!
I am so sorry this happened to you! |