I bought a puppy for $275 at pet store.The dog got sick the next day and was diagnosed with parvo.Who pays?

Question

I bought a 13 week old basset hound.He was healthy.We got him home and late that night he began vomitting.We carried him to the vet and they kept him for 9 days with an estimate of $200.00 per day treatment for parvo.He was tested with definite parvo.The bill came back at $780.00.The pet store only had him for 24 hrs. and they say they will only pay 1/2 the cost of the dog($280.00 / 1/2 =$140.00)They say there is a "pet lemon law" that protects them??The breeder is avoiding our calls now!Who should pay?Is the law definitely on my side?We are prepared to go to court but would rather convince them to pay the vet bills.Any advice would be appreciated.

Answer 1

The pet store pays - a lemon law would actually protect you! It's not you're problem the pet store only had the dog for 1 day. If they want to take the breeder to court or make them pay, that's THEIR business. They owe you the full $$.

Answer 2

This is quite serious. Parvo is an infectious disease which means that other puppies in the pet store, in the transport, at the puppy mill, etc. are probably infected.

I would call your local animal control and see what they can do.

Do you have any paperwork for your purchase? Read what it says about guarantees. They must have represented the dog to you as healthy which it obviously was not.

I would consider taking the pet store to small claims court for the entire amount of your veterinary bill. Basically, the pet store is wiling to forgo their gross profit on the dog if you will go away and not give the dog back or make them pay the entire vet bill.

Answer 3

I'm sorry to hear that. A lot of pet stores get their dogs from poor breeders called puppy mills by their critics. They are awful, unsanitary places that send unhealthy dogs to pet stores. You often have to go to a reputable independent breeder to get a purebred dog that was raised right. Crazy as it sounds, I think you have a better chance at finding a healthy dog at the pound than a pet store.

I'd guess they said there is no pet lemon law protecting you, I can't believe anyone decided to pass a law limiting their liability to half the price of the dog (limiting it to the price of the dog would make more sense, and I'm wondering how a legislator decided it was worth his time to put a limit on it at all!)

This would be a small claims court issue, so it wouldn't cost you much in cash (it would cost you some time) to sue. I don't think they are going to pay, but start giving them letters stating the problems you had, what it cost, and what you expect them to pay. It's the first step to sueing anyway.

Answer 4

I would contact an attorney, most states have lemon laws that protect the buyer, not the store. An attorney would be better able to sort this out.

Most stores also cannot sell animals they know to be ill, since parvo is contagious they could be in trouble for selling other dogs after you informed then your puppy came with a contagious disease.

I suggest making a legal "big stink". Most stores don't want people(potential/current) customers to know they merchandise is shoddy.

I just read article 35-D(for NY), as pertaining to the sale of dogs, but it states that the options you have are:

to return the dog and get a refund(including tax), and reasonable veterinary cost directly related to the vet saying the animal is unfit for purchase.

The right to return the animal and recieve an exchange and reasonable veterinary cost directly related to the vet saying the animal is unfit for purchase.

The right to retain the animal and receive reimbursements from the dealer for veterinary care related to curing the animal, not in excess of the purchase price.

I would assume that most states must have similar laws protecting consumers. I would at least consult an attorney to ask them.

Answer 5

I don't have a legal answer to this but I know people who have got the pet store to pay for this when it happened to them. Sometimes they will only pay for the worth of the animal. In any case I feel it doesn't matter how long the pet store had the animal they took it in and sold it as theres not on consignment and therefore are responsible. Hope this helps.

Answer 6

Thank you for making this public.
While I am very, very sorry that your pup is ill and there is very little likelihood of your regrouping your vetting costs, this is a good opportunity to repeat that NO ONE should buy puppies from pet stores, back yard breeders, or puppy mills.

Pet stores get their "stock", the helpless, sick, weak puppies they sell, from puppy mills.
You, unfortunately, got one of those pathetic puppies.

I hope your puppy recovers. The law may be on your side, but it will cost you more to sue than you will recoup, meanwhile the pet store sells more puppies to clueless people.

Don't buy puppies - go to a breed rescue and get a vetted, healthy, tested dog. Do a good deed instead of perpetuating puppy mills.

Answer 7

Most Pet store animals are not necessarily healthy as they usually are breed by puppy mills.

It would behove anyone to buy a puppy from a breeder, even a backyard breeder is better than a pet store!

Answer 8

If you only had him 24 hrs. before he had to go to the vet. the pet store should pay. Get everything documented and have an attorney write them a letter. Does wonders. If not, sue them. You will win.

Answer 9

Pet store. You may want to contact the better business bureau about the store, they would intervene for you. If prepared to go to court, go ahead a file a small claims suit against them. That maybe just enough for them to know you are quite serious and they may just settle out of court.

Answer 10

It depends on the terms of sale. Most reputible pet stores have a window of time where you can take the dog to the vet for a checkup. Check out your receipt.