Legal Question in Civil Litigation in Texas
Threatened suit over puppy sold
My Doberman had 13 puppies healthy pups on Nov 25, 2005. They had their first shot and on Jan 2, 2006, the puppies were wormed. On Dec 23, 2005 at age 8-1/2--name removed--old, a lady bought a female puppy from me, two days prior to when the puppies were to get their next shot.
On the Feb 5 2006, 13 days later, she called and said the puppy was vomiting and had loose stools. That night, she called and said the puppy had Pavo and that the dog got it ay my house. She wanted, $200.00. I agreed. I then called my vet. She said Pavo takes 4 to 7 days to manifest and that the puppy had to of contacted it under her care. Another vet said the same thing. I called her the next day to see how the puppy was doing. She then said she now wanted the entire purchase price of $350.00 and made other threats and would keep the puppy besides. Their was no written or verbal agreements in selling these puppies. In her case , I had agreed to pay $200.00. But, I believe that she nullified that by her demand of full payment without returning the dog.
After all this, my legal question is: Does this lady really have a case against me?
2 Answers from Attorneys
Re: Threatened suit over puppy sold
She may have a claim for vet bills. Your defense is based upon the timetable for the illness to develop, so the timeline will be critical.
Anyone can sue anybody for anything if they have the filing fee. The question is making it stick.
Re: Threatened suit over puppy sold
If she does decide to sue you in Small Claims or JP Court, she has the burden of proof that you sold the dog with Parvo. No legal presumption exists that because the dog develops Parvo that the disease originated in your possession. Think about it -- how is she going to prove her claims against you? What do vets charge for expert testimony? I bet it's more than the claim and more than she is willing to spend.
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