The owners of eight dogs killed when flood waters broke through the front window of District Dogs are now suing the business and founder Jacob Hensley.
The lawsuit, filed in D.C. Superior Court, names both District Dogs Inc. and its founder Jacob Hensley as the defendants. It claims the dog owners trusted the day care with their beloved dogs whose deaths they say were foreseeable and preventable.
“District Dogs, Inc. and its founder and Chief Executive Officer, Jacob Hensley, deliberately and with knowledge of serious and demonstrated flood risks (risks they themselves had witnessed and experienced), put Elsa, Josie, Malee, Maple, Marcel, Memphis, Pepper, and Zeni in this situation, dooming them to a horrifying and painful death and leaving their families to grieve, unable to ever see or hold them again,” the lawsuit reads.
What Happened at District Dogs?
The deadly event began when a rainstorm turned severe in a matter of minutes on August 14, 2023. Flash flooding caused a front window at District Dogs on Rhode Island Avenue to collapse trapping several dogs and employees as the water raised inside a boarding room.
Surveillance footage showed the water reached halfway up the double-decker cages, where sources told WUSA9 dogs were inside the kennels. The lawsuit states that many of the dogs at the day care had been moved into crates or kennels, arranged in rows or stacked on top of each other, even though certain dogs were not supposed to be crated at all.
According to rescuers, swimmers were able to evacuate six employees and 20 dogs, but as the water receded, they discovered the 10 dead dogs, including Elsa, Josie, Malee, Maple, Marcel, Memphis, Pepper, and Zeni.
The lawsuit claims the dogs “drowned in excruciating fashion, desperately clawing, scratching, and chewing for life while trapped in cages and flood waters rose through and above the kennels to which [District Dogs] had confined them.”
RELATED: Only On WUSA9: Pictures show flooding inside District Dogs
It only took minutes for the floodwaters that breached District Dogs to reach a foot high.
“Defendants made no attempt to evacuate any dogs from the space, to elevate any of the kennels off the floor, or to remove any of the dogs from the confined spaces that would soon become death traps,” the lawsuit reads.
Instead of helping the animals, the lawsuit alleges the acting general manager was recording videos of the rising water levels with no sense of concern or urgency.
“One dog owner had arrived to retrieve his dog just before District Dogs locked the doors. He found his dog confined to a kennel on the floor,” ” the lawsuit reads. “By this point, water had already begun to collect on the floor and his dog was wet. But District Dogs staff did not appear to be doing anything.”
The customer alleges that several grooming tools and equipment were still plugged in as the water continued to rise.
“Fearing the obvious electrocution risk, he removed his dog from the kennel, saving its life, and asked a District Dogs employee how to get out,” the lawsuit reads. “The employee walked him to the elevator, but it would not respond or open as the water continued to rise.”
At 5 p.m., the window walls collapsed and the floodwaters filled District Dogs.
In a 911 call, transcribed in the lawsuit, the assistant manager, who was off-site, described District Dogs like a swimming pool. A caller from inside described the water as “about 12 feet high.”
RELATED: ‘It’s flooding horribly’ | DC officials release transcripts of the 911 calls of the deadly District Dogs flood
The customer who had tried to pick up his dog followed staff to a back room where “no one appeared to have any idea what to do,” the lawsuit states. The customer took his dog and was able to squeeze out of a space near the front door where the wall had given out.
“District Dogs staff, however, made no effort to evacuate any of the dogs or even to free any of those in the floor level kennels as the waters rose higher and higher,” the lawsuit reads. “As the waters rose, Elsa, Josie, Malee, Maple, Marcel, Memphis, Pepper, and Zeni each found themselves trapped in a confined space with no way out. They each desperately clawed and chewed at their cages in an attempt to free themselves, inflicting wounds and physical pain as their terror increased.”
RELATED: 10 dogs killed in District Dogs flood were in bottom kennels, DC Fire and EMS say
The lawsuit alleges the District Dogs location on Rhode Island Avenue was not only selected regardless of its history of serious flooding but that floor-to-ceiling windows were placed in an area most likely to face floodwaters without ensuring an alternative means of exiting the building in the event of a flood.
“There was no back door or side door, nor stairs to allow personnel or dogs to exit through the west, uphill side of the suite or to access any of the upper floors above the District Dogs Northeast suite,” the lawsuit reads. “The only other means of escaping the suite was a small, slow-moving elevator, through which one could access the parking garage situated immediately above District Dogs Northeast. The elevator was located in the front of the suite, just behind the glass storefront facing Rhode Island Avenue.”
Further, the lawsuit claims District Dogs and Hensley experienced three flash floods prior to the one that claimed the lives of the 10 dogs, including one where three feet of water collected along the glass doors and windows, trapping staff and dogs inside.
“Instead of taking reasonable steps to avoid or mitigate the risk presented by flooding, Defendants actually increased the likelihood of serious harm or death by confining the dogs entrusted to their care in crates or kennels, and leaving them there as waters pushed into the building and rose to levels well above the height of the crates or kennels,” the lawsuit reads.
A History of Flooding
The lawsuit points to an instance of extreme flash flooding along Rhode Island Avenue in September 2020, where four or five feet of water rose just nine months before the new District Dogs location was announced it would be in that very spot.
On July 16, 2022, just two months after opening the Northeast location, Hensley posted on X, formerly known as Twitter, about flooding in the area.
“Hey @DCDPW, your storm drains aren’t working,” an image of the post in the lawsuit reads. “Over 12 inches of black flow in @dcdistrictdogs yesterday.”
At that time, the families of two of the dogs that would later die in the August flooding, Pepper and Josie, were at District Dogs. The owners say they were never told of any flooding on July 16.
That was not the last instance of flooding in the area Hensley would post.
In August 2022, a year before the deadly flooding, more than three feet of flood water pressed up against the glass doors and window of District Dogs. While the glass held at that time, the lawsuit says images and experiences from that day made clear how dangerous the flooding had gotten.
“If that glass broke or collapsed, multiple feet of floodwater would come rushing into the suite nearly instantaneously,” the lawsuit reads. “As news media specifically remarked at the time: “At first you think maybe you’re outside an aquarium looking in, then you realize that’s a window and on the other side is a flooded Rhode Island Avenue. And if the glass should break, water’s going to gush into District Dogs.””
At the time, employees reportedly scrambled to move approximately 50 dogs that were at District Dogs to the private suites area, where if the water and broken through they would have been trapped.
In April 2023, just four months before the deadly flooding, Hensley posted again about the “significant concern” of flooding in the event of a heavier storm.
“After three dangerous floods last year, we are noticing flooding already on Rhode Island with minimal rainfall so far,” the post embedded in the lawsuit reads. Can this stormwater drain please get inspected? There is no reason why this should already be backing up and causing significant concern if we get heavier storms.”
That summer, the lawsuit says District Dogs Northeast staff scrambled after fire alarms in the building went off. While trying to evacuate staff and the dogs, they found there were not nearly enough leashes and leads for the staff to get all the animals out.
“The District Dogs Northeast General Manager communicated the disastrous fire alarm response to the District Manager and Director of Operations, reiterating the need for broad safety measures and plans to be put into place,” the lawsuit reads. “Neither the District Manager, Defendant Hensley, nor anyone else in District Dogs’ leadership gave the District Dogs Northeast General Manager any direction.”
No Plans in Place
Despite the history of flooding, the lawsuit alleges District Dogs and Hensley did not have an emergency action plan or response in place or any written procedures in the event of another flooding, nor did they develop a plan for evacuating dogs or personnel or train employees on how to handle such a situation.
“In fact, District Dogs Northeast had no formal emergency action or response plan of any kind, whether for a flood, a fire, a power outage, or any other risk-posing event,” the lawsuit reads.
While not having procedures and plans in place, District Dogs continued to tout its “professional care” and “safety first” approach to its day care services. The lawsuit points to one such statement from District Dogs, reading:
“[o]ur daycare spaces are designed with your dog’s safety in mind[,]” “[f]rom the moment your dog enters one of our facilities, they are in a fully supervised environment[,]” and “our daycare locations are designed to provide a healthy environment for your dogs ….”
The lawsuit says that while District Dogs did not take any precautionary actions, their landlord, MRP Realty, did install a set of 29.5” plastic, temporary flood box walls. Hensley reportedly expressed the need for a permanent solution to the flooding but the lawsuit claims District Dogs took no steps themselves.
“As the District Manager acknowledged, District Dogs’ response to the flooding was limited to ‘a bunch of people here with dogs in one hand and mops in the other,'” the lawsuit reads.
RELATED: Families of dogs killed in District Dogs flooding demand answers from DC mayor
Eventually, the lawsuit claims a District Dogs General Manager was unsatisfied with the lack of action and drafted an emergency action plan. The draft reportedly included what to do in case of a fire, tornado, snow and an active shooter. It also allegedly included a section for flood emergencies but did not have a solution so the GM requested help from District Dogs leadership in developing the flooding plan.
“The District Dogs Northeast general manager provided the draft plan to Defendant Hensley and others in leadership and suggested that District Dogs engage a consultant or some experienced person or company in the safety and emergency response field to provide input and suggestions,” the lawsuit reads. “[District Dogs and Hensley] did nothing.”
While the same general manager was on medical leave, heavy rainfall concerned them and they contacted leadership to make sure District Dogs Northeast was safe, according to the lawsuit. The lawsuit says this caused the district manager to send an email to employees about what to do if flash flooding got into the day care, allegedly instructing them that “no team members or dogs should leave the facility for any reason unless they are leaving with their owner,” and telling workers to feel welcome to start contacting parents and give them the option to pick up their daycare dogs earlier[.]”
Just a week later, Elsa, Josie, Malee, Maple, Marcel, Memphis, Pepper, and Zeni drowned in their kennels. None of their owners were contacted about the opportunity to pick up their dogs early.
The lawsuit says Elsa, Josie, Malee, Maple, Marcel, Memphis, Pepper, and Zeni drowned that day, alone in their crates.
“Go home, the rest are dead.”
Following the deadly flooding in 2023, the lawsuit alleges that District Dogs and Hensley continued to inflict pain upon the owners. The plaintiffs say one family was screamed at to give up and go home instead of trying to find their dog and failing to return their collars, despite repeated requests.
“A male District Dogs employee then rudely and callously screamed at Mr. Buonomo and Ms. Honovich, ‘It’s over. Go home. If you didn’t get your dog, go home, the rest are dead,’” the lawsuit alleges.
The lawsuit alleges that Hensley spoke to the families of Elsa, Josie, Malee, Maple, Marcel, Memphis, Pepper, and Zeni to apologize but also blamed the District for not preventing the flooding nor condemning the building District Dogs was located in.
RELATED: District Dogs owner says DC ‘let a lot of people down’ in flood that killed ten dogs
Additionally, the owners claim some of their pets’ belongings were ultimately found at Hensley’s home.
The owners are officially suing District Dogs and Hensley for gross negligence, intentional trespass, intentional infliction of emotional distress, and unfair and deceptive trade practices, all of which exhibited a reckless disregard for the safety and lives of the eight dogs killed in the flooding.
A month after the flooding, the owners were sent a check from the Hanover American Insurance Company. The checks, unaccompanied by any letter or explanation, ranged from a few hundred dollars to $2,500.
‘Prayer For Relief’
The lawsuit demands the owners be awarded compensatory damages for the loss of their beloved dogs and the “associated mental anguish, emotional distress, pain and suffering, loss of companionship, and other economic and non-economic injuries suffered by each of the [owners].”
They also ask for treble damages, or $1,500 per violation of D.C. Code § 28-3904, whichever is greater, attorney’s fees, punitive damages and any other relief the court deems appropriate.
WUSA9 has reached out to District Dogs and received a the following statement:
Since the catastrophic flood on August 14, 2023, we have focused our energies on supporting our heroic staff and loyal clients as the community recovers from the heartbreaking events of that day.
We are aware that certain individuals have initiated legal steps in response.
We believe that this action is without merit and intend to vigorously defend this suit, complete with a full recitation of all efforts undertaken to ensure the safety of this facility, our staff, customers, and the dogs in our care.
The District of Columbia’s Homeland Security and Emergency Management Agency recently completed its “After Action Report,” regarding the Rhode Island Ave Flooding event. Among other things, the “After Action Report” confirmed that District Dogs’ facility was in compliance with District code, complete with appropriate inspections. The magnitude and duration of the storm, according to the “After Action Report,” exceeded the capacity of the District’s sewer system, and would have exceeded the capacity of the newly opened Northeast Boundary Tunnel.
We have no further comments on these matters.
RELATED: Survivors, strangers gather to honor daycare dogs killed in flash flood
