Legal Question in Consumer Law in Ohio

Dog has hip dyspalsia owner or breeder responsibility

I purchased a puppy from a breeder about six months ago and after having the dog for about six months or so the dog developed a limp.I took the dog to the vet and was told that both hips were "bad" and the dog would need surgery soon or it would no longer be able to walk.The cost about $1200.00 not to mention the $400.00 that I paid for the dog originally.I contacted the breeder from whom I purchased the dog who told me that she did not sell the dog as being OFA hip certified and reminded me that I did not get a hip guarantee in writing and that she was not legally resposible in any way.The problem that I have is that of course I feel that she is responsible because money was exchanged on the basis that she was getting paid for the service of providing a healthy purebred dog.Which in this case a healthy dog was not provided.The dog was examined by two vets who both said that the problem was the direct result of breeding dogs with bad hips. The breeder still will not cooperate with me in returning the purchase price of the dog.I have thought about taking legal action but I am unsure if I have a case.What do you think?Thank you!


Asked on 5/12/00, 10:58 pm

1 Answer from Attorneys
Gregg Manes Gregg A. Manes, Esq.

Re: Dog has hip dyspalsia owner or breeder responsibility

If you can show that the breeder knew of the problem prior to selling to you the puppy, then you may have a case of fraud. However, generally, dogs are treated like any other property under the law and you would generally buy the dog as is subject to the specifiic statutory warranties. If the dog is used for breeding purposes and is now not eligible for that purpose, then the warranty for a particular purpose would apply. The fact that the breeder was aware that the dog could be "hip certified" indicates that they may have known that there may have been a problem.

Bottom line: you may have a case, but it will be a tough thing to prove that the breeder had the requisite knowledge.

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Answered on 7/03/00, 12:57 pm


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