Legal Question in Product Liability in California

Don't you watch Judge Judy or The People's Court? This type of case comes up at least once a week. First, read the sales agreement to see if it addresses the matter.

If not, it is probably going to come down to whether the seller knew or should have known of the defect and had a duty to disclose it to you. If the seller did have a duty you should be able to return the dog and get your money back or maybe get reimbursed for the vet bill.

The vet bills, however, may be a problem. If vet services were not an emergency procedure and you went ahead without requesting your money back you may be out of luck. A judge may reason that the seller should have had the option of whether utilize the vet's services.

I am guessing you are attached to the dog now and have no intention of giving it back.

Bottom line: the law tries to put the parties back to where they were before the transaction. (i.e. you are not going to get a free dog).