what kind of lawyer do i need for sick puppy sold

Should you buy a sick puppy?

If sick puppies are accepted, then sick puppies will continue to be offered, in lieu of seeking to prevent sickness and disease, and more dogs will suffer to produce a profit for those who care not for the welfare of animals at all. Have you purchased a sick puppy before?

What to do if the seller won’t take the puppy to court?

Taking the seller to court. If you are confident that the seller of the puppy is responsible to you in law for the pup’s health and associated expenses but they will not work with you to resolve the problem, you may need to look at taking them to court to recoup your costs.

Is the seller of a puppy liable for the Puppy’s health?

Whether or not the seller of the puppy has any liability to you in law for the pup’s health will depend on a variety of factors.

What should I do if I buy a sick animal?

If the animal becomes ill, take it to a vet immediately. If it dies, take the body to a vet to determine if the death came from some condition that the seller should have known about.

What is the Animal Legal Defense Fund?

Is animal law a specialty?

Can you pay more for an animal case?

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Can I sue someone who sold me a sick puppy?

Yes, you can sue the breeder in small claims court. You will need to know the breeder's name and address. If you get a judgment and they won't voluntarily pay it, you will have to take steps to collect the judgment by having the sheriff attach...

Can I get my money back from a breeder?

If your new puppy has a significant health issue or other condition that makes him an unsuitable family pet, then your breeder should be willing to refund you in full for your puppy.

What can you do if a breeder sells you a dog with parvo?

1 attorney answer You can sue her in small claims court for the cost of the puppy plus vet expenses.

Can you sue someone for poisoning your pet?

If someone has injured or killed your dog, whether it was on purpose or an act of negligence, you can file a civil lawsuit against that person. There has to be enough proof, though, to point to malicious intent or some degree of negligence in order to recover any damages.

Can I get a refund on my puppy?

You can only get a refund for the cost of the pet if it didn't match the description the seller gave you. So if the seller described the pet as healthy, you might have a right to a refund. If you didn't ask about the pet's health and the seller didn't tell you how healthy it was, there is nothing you can do.

What is a breeder health guarantee?

Most breeders/sellers offer a guarantee that the puppy is healthy and free of serious infectious disease and require that the buyer take the puppy to their own veterinarian to be examined within a specified amount of time (most commonly from 48-72 hours). This is for the protection of both the buyer and the breeder.

Are breeders responsible for parvo?

It's often seen as a “puppy mill” disease, and rightly so, as puppy mills have terrible hygiene and preventative practices. However, even the most careful, reputable, diligent breeder can have an inadvertent exposure to parvo.

Do breeders cover parvo?

“Reputable breeders guarantee against this,” Simmons said. “If mom is vaccinated, she'll pass immunity on to her puppies, and at 8 weeks old they start their shots.”

Can you sell inbred puppies?

Inbreeding two closely related dogs can cause malfunctioning organs, cosmetic defects, and other abnormalities. Many pedigree dogs born with any flaw are considered defective, so they won't be eligible for registration. They may only be sold on "pet-only" terms, disqualifying them from breeding or competing.

Is poisoning a dog illegal?

Pets are considered property and the injury/death of them through pesticide poisoning can be considered as criminal damage. If you find a mammal that you believe has been poisoned: Do not touch the dead animal or the bait as poisons can impregnate the skin.

When to consider that any person may do negligence or unlawful act or maltreated any animal?

It shall be unlawful for any person to torture any animal, to neglect to provide adequate care, subject any dog or horse to dogfights or horsefights, kill or cause or procure to be tortured or deprived of adequate care, sustenance or shelter, or maltreat or use the same in research or experiments not expressly ...

What is it called when someone kills a dog?

Animal euthanasia (euthanasia from Greek: εὐθανασία; "good death") is the act of killing an animal or allowing it to die by withholding extreme medical measures.

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How to protect your rights when buying a dog?

There are several steps that you should take to protect your rights when you buy a dog or other companion animal. Get a written sales agreement that includes a guarantee of the animal’s health (or discloses any health problems), a list of vaccinations it has had, its history, training, pedigree (if that’s relevant), and any special training.

What to do if an animal dies?

If the animal becomes ill, take it to a vet immediately. If it dies, take the body to a vet to determine if the death came from some condition that the seller should have known about. Either way, keep all of your records from the vet. Notify the seller as soon as a vet has diagnosed the problem.

How long does it take to get a lemon for a pet?

The time for notifying the seller varies, usually from 10 to 14 days.

What is a companion animal?

Companion animals are considered “goods” under state versions of the Uniform Commercial Code, the law that governs sales by a merchant and gives dissatisfied buyers certain rights. When it comes to pets, merchants include breeders, pet stores, and anyone who routinely sells companion animals. When you buy something from a merchant, ...

Can you return a pet for a refund?

Under these laws, a buyer must promptly give the seller written notice of the problem, along with a certification from a licensed veterinarian that the animal has an illness or disease that existed before the purchase. The owner may then return the pet for a refund or another similar animal.

Can you sue a pet dealer for a warranty?

If you believe that a pet dealer or breeder has violated either an implied or express warranty, you may sue to get a refund or replacement for the animal. Small claims court could be a good way to go, as long as you aren't seeking more money than your state's dollar limit for small claims.

What happens if you accept sick puppies?

If sick puppies are accepted, then sick puppies will continue to be offered, in lieu of seeking to prevent sickness and disease, and more dogs will suffer to produce a profit for those who care not for the welfare of animals at all. Photo Credit: istockphoto.com.

What is a puppy lemon law?

A Puppy Lemon Law is simply an additional legal avenue available to the purchaser beyond the usual protections offered for goods and services. These laws add a layer of protection deemed necessary by state legislators due to the emotional factor involved in the purchase of an animal.

Can a seller tell you what is wrong with a puppy?

They cannot tell you what is wrong and seeing the sad face of a sick puppy is heart wrenching. It may feel petty to be concerned about cost when an animal’s health is at stake, but by the same token, sellers need to be responsible if they have been negligent.

Why is my puppy sick after I bought it?

So you’ve found your puppy to be sick with something shortly after you bought them, or that they are suffering from a hereditary health condition or other problem that you feel the seller may be responsible to you for.

What to do if a dog is a pedigree?

Report the seller to The Kennel Club. If the dog or puppy that you bought is a pedigree that is registered with The Kennel Club, it is also important to report the issue to them, if the seller will not cooperate with you over the problem. The Kennel Club will launch their own investigation into the seller’s business practices, and also, ...

What are you looking for in a puppy return?

What you are looking for will be any paragraphs, guarantees or statements made by the seller about the health of the puppy, any stated period for returning the puppy if they are unwell, and any other implied or outright statements regarding the puppy’s health, wellness and general condition.

How long should I wait to take my puppy home?

It is also strongly advised to get the puppy checked over by your own vet within 48 hours of taking the puppy home, both so that any problems in the making can be identified quickly, and so that you can act within a reasonable window of time for the return of goods given in law.

What happens if you buy a puppy unwell?

If you do find that the puppy you have bought it unwell, the protection that consumer law affords to you and what you can do to seek restitution is somewhat limited, and can be complicated, and so, the onus is still on you as the buyer to protect yourself as far as possible before the sale. That being said, if you find yourself to have purchased an ...

What is a puppy considered?

Inform Trading Standards. Puppies are considered to be “goods” in law, and so, are covered by the Sale of Goods Act. This means that certain implied basic assumptions are made about said “goods” as part of a sale, and generally, these assumptions include good health as far as is foreseeable.

Can a puppy be ill after being sold?

In some cases, illness shortly after sale will be obvious, and if the puppy falls ill or is found to be ill within say, the first week of their time with you, the seller will almost certainly have some liability to you, unless they told you about this first. However, the seller would not be classed as liable if the puppy became ill ...

What is the Animal Legal Defense Fund?

Since 1979, the Animal Legal Defense Fund has been the leader in the fight to win animals the legal protection they so desperately need—and deserve. Your generous support is vital to our continued success.

Is animal law a specialty?

Animal law is a relatively new, and growing, specialty within the law, and an increasing number of lawyers specialize in cases involving animals. In most cases, however, while it may be advantageous, it is not necessary to find an attorney who specializes in animal law specifically.

Can you pay more for an animal case?

However, due to the limited potential for recovery of damages in animal cases, it is possible to pay more for an attorney’s services than you are likely to recover if you win your case, barring an award for punitive or emotional distress damages.

What is the Animal Legal Defense Fund?

Since 1979, the Animal Legal Defense Fund has been the leader in the fight to win animals the legal protection they so desperately need—and deserve. Your generous support is vital to our continued success.

Is animal law a specialty?

Animal law is a relatively new, and growing, specialty within the law, and an increasing number of lawyers specialize in cases involving animals. In most cases, however, while it may be advantageous, it is not necessary to find an attorney who specializes in animal law specifically.

Can you pay more for an animal case?

However, due to the limited potential for recovery of damages in animal cases, it is possible to pay more for an attorney’s services than you are likely to recover if you win your case, barring an award for punitive or emotional distress damages.