Legal Question in Product Liability in Connecticut

Sick pet...

So just yesterday, I bought a three month old puppy from a pet store in the mall. At the time of purchase, he had a slightly runny nose, but he was healthy enough that i thought he would be okay after a routine check-up with a vet. But that night, he started coughing more and having more difficulty breathing. Today, he was wheezing and coughing up mucus and was constantly exhausted. the poor little guy can hardly sleep for 20 minutes at a time! I'm going to the pet store tomorrow, because I'm pretty upset they sold me a dog that was sick. I don't feel as if I am liable for this, it was their responsibility to take care of this dog and they lacked to do so. I want them to take care of the costs of treatment, medication, etc. because it was not my treatment of the dog that gave him this problem. If they do not agree to my terms, do you think it is possible I could sue for the costs of treating my puppy? I'm not doing this for money, I just want the poor little guy to be healthy and happy at home. Should I have said something yesterday, is it too late now?


Asked on 1/23/09, 12:37 am

1 Answer from Attorneys
Max Rosenberg Rosenberg,Whewell, & Hite, LLC

Re: Sick pet...

This sounds like it might be kennel cough which is very common. Legally this would be called promisory estoppel if a representation was made or implied that the dog is healthy. You might have a claim under the Connecticut Unfair Trade Practices Act, Implied warranty of mercantibility, Res Ipsa Loquitur (but for their custody ,dog would not be sick), Fraud in the inducement...ect. Give us a call at 203.521.4915. if you would like a consultation.

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Answered on 1/26/09, 1:21 pm


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