Legal Question in Civil Litigation in North Carolina

we sold a puppy with a written purchase agreement signed by the buyers that we could not be held liable or responsible for any health issues,future health issues,genetic or otherwise and that there was no refunds for any circumstances once the puppy left our care and they took control of the puppy.the puppy was seen by a vet. and given a clean bill of health and a health certification supplied to the buyers.

now the puppy had to have surgery for a prolapsed intestine due to the stress of shipping and a early case of coccidi.coccidi is a gi parasite that is very hard to diagnose in the early stages and easliy treated with the sulfur drug 'albon'.our vet. missed it. if the pup had not been shipped-the albon would of treated the coccidi and poss.would not of been the prolapse.prolapse is rare but poss. even with out the coccidi-can be brought on by stress.the buyers want us to pay for 1/2 the vet. charges.are we liable even with the signed purchase agreement? we live in nc the pup went to boston


Asked on 6/18/10, 5:07 am

1 Answer from Attorneys
Rachel Hunter

I would have to see the agreement. However, you indicate that your vet missed it. Is this negligence on his part? You are not insurers or guarantors that the dog will be and stay healthy. But in this case, the dog was not in perfect health when it was shipped.

If the contract is as clear as you say, then stand by the contract and let the buyers sue you if it comes to that. They will need to find a lawyer in NC and the costs may not be worth it to them.

If you want me to review the contract and research this issue to ascertain how the courts view your agreement, feel free to contact me.

Rachel Hunter

Attorney at Law

[email protected]

(678)-687-9693

Admitted in GA, PA & NC

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Answered on 6/18/10, 5:32 pm


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