 |
|
Question:
Hello, I recently purchased an English Bulldog puppy from a breeder in Florida, I live in Massachusetts. We had her for a few days and then she was diagnosed with Parvo and almost didnt make it, I contacted the breeder and they want nothing to do with it, is there anything I can do?
Answer:
I suggest you contact the Attorney General’s office in Florida and Massachusetts. In New York, for example, Attorney General Cuomo recently announced that his office obtained at least $35,000 in restitution for consumers who were deceived by a pet store into purchasing sick animals. Additionally, the NY Attorney General just last month commenced a lawsuit against other persons representing themselves as breeders for making numerous misrepresentations as to the health, breeding and pedigree of the dogs offered for sale and for selling sick animals. The animals were offered for sale on various websites. The lawsuit, among other things, asks the court to award restitution to consumers. If yours is not an isolated incident, it is possible that the Attorney General would consider such a lawsuit. I suggest you also make a complaint with the Better Business Bureau and departments of agriculture in both states. Additionally, I suggest you contact humane organizations and the animal control officer in the area of Florida where the breeder is located to ask that they investigate the breeder’s facility. You can also sue. Although you may be too late to use the provisions of Florida’s pet sale law which provides remedies to consumers if within 14 days an animal is certified by a veterinarian as unfit for sale (a year if the animal has a congenital disorder), the Uniform Commercial Code which applies to the sale of goods (including animals) and which provides remedies to consumers who purchase goods not fit for sale, may be applicable. You will probably find it easier to enforce any judgment in your favor against the breeder if you sue in Florida. I suggest you consult with an attorney in your area or in Florida to discuss your options. --------------------------------------------------------------------------------
|
Question:
I have a cat that has been missing since 02/07/2010.This came is a service animal and I also have a doctor's note for him. I do have a disability. The manager has still been harassing me about him even with the doctor's note. I do let him out once in a while to play. He has always come home. This particular time he hasn’t. I have had this cat since June. The manager told me that if she saw that cat outside that I would never see him again. All of a sudden, he is missing. What she said to me should be construed as a threat. I just want that cat back and don't know what to do in this situation. Thank you.
State: Arkansas
Answer:
I suggest that you immediately visit all of your local shelters to look for your cat and contact local veterinarians to see if anyone brought your cat there. Some shelters also maintain lost and found records so you should inquire about that too. I also suggest you put up signs in your neighborhood and put ads in your local newspaper. I suggest that you contact your police department, animal control officer and humane organizations to see if they have any information about your cat. If you have a photo of your cat (and even if not), I suggest you go around your neighborhood and ask around to find out if anyone has seen your cat or knows of the cat’s whereabouts. You should speak with the manager as well to see if she will provide you with any information. Without proof that she took your cat, you will have a difficult time having the police take any action. If there are security cameras in the vicinity of your building, that could help if you could gain access to the pictures. --------------------------------------------------------------------------------
|
Question:
Hi. My wife and I have recently adopted a golden retriever mix in Marianna, FL. That same day we took a trip to Knoxville, TN and brought Bud with us. That night we had noticed he wasn't eating regularly, drinking, blood in feces, depressed and vomited when he had a seizure. We took Bud to a pet emergency room and they said he had hookworms and tested for parvo. That night he had another seizure. The next morning we picked him up and took him to a vet at 8 and got out around 1. We then took him straight to the emergency room again. We had a scare and she took us he might have CDV Canine Distemper. They didn't test for it but he has got better. He was running a 105.4 temp and also had a catheter in until 4 days after the initial seizure. My question, Is the adoption agency liable for the fees of the vets and emergency rooms? We were told we had a healthy dog but of course as you can see, he wasn't. FL
Answer:
You should check your adoption agreement. Sometimes these agreements specify the rights of the organization and adopter when an animal gets sick after adoption. If the adoption agency has a veterinary hospital, often the provision relating to free or low-cost veterinary care is limited to the adoption agency’s veterinary hospital. The Florida pet sale law which provides certain remedies to consumers who purchase dogs and cats from pet dealers, does not apply to county-operated or city-operated animal control agencies and registered nonprofit humane organizations. Sometimes animals who appear healthy at the time of sale or adoption are incubating a disease which does not become evident until later. It is unlikely that the humane organization that you adopted from intentionally deceived you about the health of the animal. If you believe that they intentionally adopted a sick animal to you, you may want to contact the Florida Attorney General’s office. If you want to pursue this matter, I suggest you consult with an attorney in your area who can advise you about possible next steps. --------------------------------------------------------------------------------
|
Please note that responses to legal inquiries are not meant to replace seeking legal advice from an attorney in your state. The materials in this website and any responses to questions are for informational purposes only and are not intended, nor should they be construed, as legal advice. This website, the information contained herein, and any responses to questions directed to this column are not intended to create and does not establish an attorney-client relationship. You should not rely or act upon any information provided on this website or in any response to your inquiry without seeking the advice of an attorney in your state regarding the facts of your specific situation.
Please note that due to the volume of questions we receive, we cannot guarantee you’ll receive a response. Only questions that are properly formatted using sentence-case will be considered for review. | | |