Legal Question in Civil Litigation in California
My new puppy was diagnosed with the disease Parvo...
On 2/27/00 I purchased a puppy from a breeder. 2/28/00, he was lathargic and throwing up; 2/29/00, he was admitted to a veterinary hospital, where on 3/2/00, was diagnosed with Parvo.
The options are to keep him there 10 more days for treatment, or have him put to sleep. My family and I cannot afford the costs for treatment.
Is the breeder legally liable for any or all veterinary costs?
I anxiously await your response,
Thank you very much
1 Answer from Attorneys
Re: My new puppy was diagnosed with the disease Parvo...
If the breeder is ethical he/she will return your money for the purchase. If you got a purchase agreement or other contract, that document will describe the remedies. You should call the breeder and let them know what is going on.
It is doubtful that the breeder will cover the vet costs, but you can ask. It will depend mostly on the ethical standards of the breeder if there is no contract. If the breeder is listed for registered breeds you can contact the clubs to which the breeder belongs and perhaps get some assistance.
You can sue for breach of the implied warranty of fitness since the dog should have been healthy at delivery.
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