Legal Question in Consumer Law in California

sick puppy... can I sue the breeder?

I purchased a puppy who had ''AKC parents'' and came with a ''health guarantee'' from a local breeder that I found in the newspaper. My 11 month old dog has been diagnosed with terrible hip displasia - a congenital condition - in both hips, which has, thus far, cost me upwards of $5,000 in surgery and treatment for her left hip. She will require another surgery for her right hip in the future. A reputable breeder is supposed to have certain hip certifications in order to claim that the dog comes from ''clean'' lines. I want to sue him for both the purchase price of the dog ($800) and the lifetime treatment cost of the condition... but his ''health guarantee'' was merely scribbled on the receipt as ''health guarantee: money back or exchange.'' If someone put a child up for adoption, knowing that child had a severe medical condition and purposely not disclosing that information, wouldn't the adoptive parents have the right to sue for medical costs? Not sure how the law works here, especially as it pertains to a puppy, which puts it somewhere between consumer law and family law... right? Your advice would be very helpful


Asked on 4/12/07, 4:46 pm

1 Answer from Attorneys

Bryan Becker Stutz Artiano Shinoff & Holtz

Re: sick puppy... can I sue the breeder?

It sounds like you may have at minimum, a small claims court claim for the $800 purchase price, because of the unqualified contractual health guarantee, i.e., money back. (Obviously an exchange is ridiculous). My choc lab had elbow dysplasia as a puppy, I�m sorry to hear of what your pup has been through.

Yours truly,

Bryan Becker

877*201*8728

[email protected]

Member, National Association of Consumer Advocates

www.naca.net

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Answered on 4/13/07, 1:27 pm


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