Has anyone had sucess taking breeder to court over Parvo case?

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Has anyone had sucess taking breeder to court over Parvo case?

This is a discussion on Has anyone had sucess taking breeder to court over Parvo case? within the Dog Health forums, part of the Keeping and Caring for Dogs category; We bought to French Bulldog puppies from a local breeder. The day after they got home they started to show symptoms and we took them ...

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Old 12-31-2016, 09:04 AM
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Has anyone had sucess taking breeder to court over Parvo case?

We bought to French Bulldog puppies from a local breeder. The day after they got home they started to show symptoms and we took them to the vet. Sure enough both of them came down with parvo virus. Our vet did a great job and both dogs pulled through, but at a substantial cost.
I approached the breeder about paying half the vet bill and he said that it was not his fault, the dogs were healthy when we got them. I confirmed with our vet and his vet that the incubation time frame is to long for them to have gotten exposed in our home.
I talked to the local court house about a small claims suit - was curious if anyone has tried this and what kind of results have you had.
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Old 12-31-2016, 05:21 PM
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Does you contract with the breeder say anything about compensation for illness? If not you may want to check if your state has puppy lemon laws, most do. How long after picking up your pups from the breeder were they diagnosed with parvovirus? And is you vet willing to write a notarized statement saying that they contracted parvovirus at the breeders?
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Old 12-31-2016, 06:27 PM
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I think if you get any experts to testify to their opinions, you have an excellent case, since it is obvious the puppies already had Parvo virus when you got them. This is not a rare situation, but I have not run across a breeder (a GOOD breeder) would not pay at least some of the bill (though most would rather have had the option of taking the puppy back or euthanizing, and replacing it, so save themselves a lot of $$). Paying for the treatment and then informing the breeder would not be looked upon as the proper procedure. Either way, it cannot be easily denied that you received a sick puppy.
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Old 01-01-2017, 11:28 AM
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There was no contract with the purchase of the puppies. My wife found and handled the entire transaction. I have spoke to our vet and the breeders vert and they both agree that the dogs were sick when we got them.
I don't know if the lack of any contract or agreement will hurt us or not.
Given the market value of French Bulldogs I am not sure that they would have put one down instead of trying to save it. Regardless I am going to reach out to the breeder one more time before taking any legal action.
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Old 01-02-2017, 01:03 AM
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If there was no contract, then it would automatically revert to your state lemon laws if there are any. Most states no days have "puppy lemon laws", if yours doesn't then it an "as is" sale. With an "as is" situation you may be out of luck; unless the breeder knew they were already sick or at risk for developing the illness, then you may be able to claim fraud, in which case you could claim penalties. If the breeders vet agrees that they were infected before you got them are they willing to put that in writing?
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