Legal Question in Consumer Law in Washington

Re: dog owner rights

First, please accept my sympathy on your loss. DOgs aren't kids, but they have their own special places in our hearts.

As usual, it depends. You didn't say what the disease was, and that would help.

If the seller gave you a bill of sale or a contract that would help, too.

However, that said, a dog is a "good", and you are a consumer, and the seller is a merchant. Washington has moved away from the caveat emptor rules of bygone days. Now, there is what's called "an implied warranty of merchantability and fitness for use" and that implied warranty can't be waived.

You need to know whether the disease your puppy had was something inherent to that breed, or whether the puppy died from some other cause. Ask your vet for a solid explanation.

If the vet's answer indicates the breeder/seller knew or should have known this disease was a problem for this breed, then you*may* have a case.

You would bring an action pursuant to the WA Consumer Protection Act. A plaintiff's atty will be interested in such a case because the Act provides for treble damages and reasonable atty's fees.

The Act is generous because so many consumer injuries don't involve huge transactions.

You need to document the money you spent on the puppy - every dime.

Small claims may be the place to resolve this. Remember, it depends on what the puppy died of.

Vets are quick to make diagnoses, but when you put them on the spot they sometimes bail on their previous convictions.

Don't hesitate to contact me if you want more help. Good luck - Powell