Legal Question in Civil Litigation in Pennsylvania

I bought a parkeet from a breeder for $60 (vs $20 in pet store), and one month later it has "feather lice" directly related to breeder. Vet bills will be over $200 to erradicate parasite. Asked breeder in writing for $60...they wrote back NO...I could have treated bird with $5.00 medication from pet store(unsafe says vet). Would a judge in small claims court give me vet bills plus price for bird back? Only mistake I may have made is in my letter I stated that if they refunded my money, I wouldn't write reviews online that they sell sick birds and other atrocities I saw in their aviary. Would judge throw out my case based on that? Is that considered blackmail? Thank you! :-)


Asked on 7/10/10, 1:18 pm

1 Answer from Attorneys

Did you have a written agreement with the breeder? Did it guarantee you a healthy bird free of lice? I do not know enough about birds to know how common the lice are or are not. Your vet may have to testify on your behalf, especially so that he can refute the claim that you can treat the lice with over the counter medication from the pet store.

The judge is not going to give you the cost of the bird back. Why would you get that? You are entitled to only one recovery. You can either give the bird back and get the price of the bird refunded or, if the bird can be returned to health, then you get the cost to treat the disease.

You should not have asked for a refund or made those allegations. It is blackmail to do that. Magistrates can do what they want - could be that they will chalk this up to inexperience and just let it ride. That is a criminal issue anyway and the breeder would have to tae the issue before a criminal magistrate. And even if they do, the criminal magistrate may not want to bother with it and will say that this whole issue belongs in civil court. I would not worry about the blackmail.

Sue the breeder in the county where he or she resides. Bring in any written agreement, bring your vet and bring your letter to any hearing.

If you are thinking about posting things online, stick with the facts that you know that you can prove. Truth is a defense. However, refrain from saying bad things about the breeder. Readers can judge for themselves as to what kind of breeding operation the breeder runs without you telling them how lousy they or may not be.

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Answered on 7/11/10, 7:54 pm


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