What to do if we bought a sick dog from a pet store?

We purchased a dog from a cahon pet store and it became sick within 2 days. We had our personal vet start treating instead of taking her back to the pet store’s vet over 50 miles away. After several trips to the small animal clinic and $4,000, we finally have a healthy puppy. The pet store said they will not reimburse us because we did not use there vet. Had we used there vet they would have put the dog down due to the extreme kennel cough she had. Do we have a case to sue?

Asked on November 14, 2012 under General Practice, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You would only have a case if:

1) The seller gave you some kind of guaranty or warranty which they violated--though you would have had to comply with any of its terms as well (such as only using their vet, if that was a requirement); or

2) The seller knew, or reasonably must have known (any similar seller in their position would have known) that the puppy was sick *when they sold it* and hid that knowledge from you--if they didn't know, or if the puppy did not become sick until after taking her home, they would not be liable.

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