Legal Question in Business Law in California

Multiple Dogs purchased from breeder developed epilepsy...

We purchased a red queensland heeler from a breeder. We had him approximately 10 months, then he began to have epeleptic seizures. A friend we work with purchased a heeler from the same breeder a few months later. His dog has now began having seizures. We spent a great deal of money, emergency room visits, etc. to help him, but it was necesary to have him put to sleep for his own good. Our friend has gone the medication route for his dog, but isn't looking good. We have left several messages on the breeders phone, but never received a return call. I'm assuming their are more cases like ours out their. Our main hope is that no one else has to go through what we had to .My question is... Do we have any recourse to stop them from further sales and possibly recoup some of our expenses?


Asked on 8/06/99, 12:47 am

1 Answer from Attorneys
John Hayes The John Hayes Law Offices

Re: Multiple Dogs developed epilepsy...

If the breeder was notified of the illnesses, if the illnesses occurred in most of the dogs ( 51% or more) and he continued to sell these dogs advertising them as healthy animals then you have a case against him. He intentionally, negligently and fraudulently sold animals that he knew were diseased and failed to notify the buyers of the dogs family history of epilepsy. Breeders have a legal duty to notify buyers of potential health problems. If sounds like this breeder is hoping no one will notice the trend and then if someone does request their money back he can say that he didn't know the dogs might get sick and therefor he is not liable. I think you and every other buyer whom have bought a dog from this breeder have a strong case. You are not only entitled to recoup your costs ie. cost of hiring an attorney, cost of the dog and medical cost, but also pain and suffering caused from losing the animal. Please give me a call at 888-563-8529. The call and the consultation are free. I look forward to discussing this case with you in more detail.

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Answered on 8/15/99, 9:24 pm


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