# Legal action for parvo infected puppy



## joeinsa (Jan 26, 2008)

Hello everyone. As you may or may not know I am the owner of Angel the eight week old pup who was infected with parvo. I got her on Friday April 11th. She was diagnosed with parvo early morning(approx. 100am) of Tuesday April 15th. Since I had only owner her for three days and the incubation period is well over the time I have owned her, could I seek legal action against the breeder who has not returned phone calls or emails? I am not out to be greedy or to seek money for myself. I just want to bring her to justice so it does not happen again. So far I am out three thousand dollars and counting. It sure would be nice to get some of that back. What are your thoughts?


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## scannergirl (Feb 17, 2008)

Did you have some sort of health guarantee? 
Is your puppy OK?


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## 3K9Mom (Jun 12, 2006)

Hmmm...wondering if this is a question that would be better asked in the breeder section. Mods?


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## kutzro357 (Jan 15, 2002)

Many states have laws that cover puppy warranties.


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## crackem (Mar 29, 2006)

If states dont' have a puppy lemon law, I guess you could look under unfair and deceptive practices, but since the dog didn't get sick till after you got him, that might be difficult. I would first look at your warranty, and contact the breeder, and get a letter from your vet stating the incubation period, and the diagnosis and his or her professional opinion. Good luck.


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## Halen (Feb 16, 2007)

When my dog Rocket got Parvo, we had had him for less than a week. I called the woman I bought him from, and she paid for half the vet bill. It doesn't hurt to ask.


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## JeanKBBMMMAAN (May 11, 2005)

From a Google Search-

In some states, such as Texas, the SPCA works with the county law enforcement to go in and ... Here is the ASPCA listing of Puppy Lemon Laws in each state - ...
http://www.goldendoodles.com/disreputablebreeders.htm the link to the ASPCA is on that page...


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## OllieGSD (Feb 21, 2007)

I would consider the dog a rescue since the "breeder" seems so neglegent. In go everything works out for you.


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## WiscTiger (Sep 25, 2002)

Have you tried contacting the breeder?

What does your contact state, a lot of breeder contracts state that the pup must be seen by a Vet within 72 hours of you taking possession of the pup?

Where did you go with your pup when you first got it, where did you put it down to go potty?

There is an outside chance that your put picked up Parvo the day you picked it up. There is a 3-7 day incubation period before the puppy seems obviously ill.

See this LInk: http://www.marvistavet.com/html/canine_parvovirus.html

You picked up your pup on April 11th at 10:00 am.
The pup became sick on the 14th a night.

So there is an outside chance that the pup contracted the Parvo when you got her, there is a chance that she had it when you got her.

Unless there is a real clear cut time line, if there is a doubt one way or the other, the odds of winning in court in my opinion are not that great. As long as there is research that says "There is a 3-7 day incubation period before the puppy seems obviously ill." the court may not rule in your favor.

I am really sorry that Angel got Parvo, but maybe I am looking at this a bit different that some, honestly the pup could have gotten at the breeder or it could have come into contact with the virus while in your possession.

If you go to court you can have a statement from your Vet and the breeder will have a statement from her Vet and supporting ducumentation that the pup could have contracted the Parvo after it left her place. So a Judge is going to have no clear evidence that the breeder is at fault.

I hope Angel is doing better.


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## Prinzsalpha (Jul 6, 2005)

I feel the breeder has definate responsibility here! If they cared for their litters well being they would answer your emails and calls. I would continue to try to contact them and if that didnt work I would go an alternative route. Make sure you start documenting and get a statement from your vet about your pup. Let the breeders know you are starting to proceed. Give them fair warning to respond though.


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## selzer (May 7, 2005)

I am not sure about parvo, but I know that some dogs actually get sick from the vaccinations. Was your puppy given vaccinations before you got her? 

If it was, were the vaccinations administered by a veterinarian?

I think it is kind of rediculous to ask for money back from a breeder. Generally, most health guarantees say that you can return the puppy for a refund within a certain period. 

The breeder can choose to euthanize the puppy, as some breeders would not be able to put $3000 into a pup likely to die anyway. Sorry, but if you expect the breeder to pay, the breeder should have the choice of care that the puppy receives. 

Most breeders will give you another pup out of a future litter if yours dies, within a set period. A lot of them are not obligated to do so though. And a lot of new owners are negligent. They take a puppy direct from a breeder to a petstore and let it crawl around on the floor!!!! Or they take it to their brother's farm and let it play with the other farm dogs. 

I know a breeder who will not let his pups go until ten weeks and two set of shots because this happened to one of his pups. None of the other pups from the litter had Parvo, so the dog definitely picked it up after it left his property. 

Good luck in contacting your breeder. I would ask her whether any of the other dogs/pups were sick.


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## Prinzsalpha (Jul 6, 2005)

Why is it everyone assumes the new owner has done something wrong and the breeder is off the hook. Something is wrong here.


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## ILGHAUS (Nov 25, 2002)

> Quote: Why is it everyone assumes the new owner has done something wrong and the breeder is off the hook.


I don't think they are saying the new owner did anything wrong. The OP was asking advice about seeking legal action so people were just giving advice on how to proceed. They were trying to make sure that she had the info on hand if she wants to try to force the breeder to do something. If OP had gone to small claims court with the statement that Parvo incubation period was well over that amount of time the breeder could come back with, "No, here is a copy of a medical document showing it can be as soon as 3 days." So the OP would need something from the vet that in their opinion the pup was showing advanced enough symptoms where it would have had to been exposed to Parvo before leaving the breeder's kennel.

As was stated IF:
1) the new owner had picked up the puppy from the breeder and stopped off anywhere on the way home 
2) the puppy was allowed down on the ground where a dog with Parvo had been 
or
3) if someone came into their home to see the new pup (Parvo can be carried on the soles of your shoes) ...
then there is a slight chance the pup picked Parvo up on the way home or on arrival at the new home. 

But on the point of the breeder, I would not be impressed with a breeder who would not return phone calls for a basic question much less show a great concern over a pup of theirs that had Parvo if they were believed at fault or not.


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## middleofnowhere (Dec 20, 2000)

You can seek legal remedy for just about anything - perceived or real. You simply have to get an attorney to take your case. Whether or not you will prevail is another matter. Of course if it is small claims, you do not need an attorney. (I don't think you can have an attorney in small claims court.) Check your state's ordinances regarding small claims court and then regarding pet "lemon laws."

The breeder may be out of town or otherwise unavailable. You might want to send a certified letter with a return receipt requested and see what happens.


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## selzer (May 7, 2005)

I agree that phone calls should be returned. There is no excuse for that, unless the breeder is in a hospital or something. 

At the same time, I do not think the breeder should have to pay for veterinary care that the breeder had no say in. The new owner did not think the pup was sick when she picked her up and took her home. There is no reason why the old owner would have known. Three days later, they took the dog to the vet and they said it had parvo. 

It is important that the owner of the pup has information, has these questions, especially if they want to be compensated in any way. Unless there is a lemon law, or it is written in your contract, there is really nothing much you can do.


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## larrydee33 (Feb 25, 2007)

You need to contact your state department of consumer protection to see what your options are.


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## scannergirl (Feb 17, 2008)

I still want to know if the puppy is OK?????
I have not seen reference to that in any of the posts in this thread, and that saddens me.


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## Kayos and Havoc (Oct 17, 2002)

Yeah I was thinking the same thing when I read through this today. 

Wonder how Angel is???

I would certainly ask the breeder to help with expenses but I would not expect much.


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## JeanKBBMMMAAN (May 11, 2005)

Health thread: http://www.germanshepherds.com/forum/ubbthreads.php?ubb=showflat&Number=654775&page=1&fpart=1


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