Q: I was told my dog died in the boarding family, and they refused to make compensation. Can I ask them pay for the loss?
I bought a puppy two weeks ago. Two days later I found the breed is not exactly what I want, so the seller and I agreed to find a new owner for him together.
On Jan 12th, I sent my puppy to the seller's in-law where they have several dogs and asked them to take care of the puppy until we find the new owner.
Yesterday the new buyer contacted me and I told the seller I'm going to pick up the puppy this weekend. However, the seller said the dog died on Monday because of parvo. She didn't contact me about the death until I asked. The puppy didn't show any sign of parvo before I sent him there, so I think the boarding family should be responsible for the death. I asked for the proof of death and now I only received the name of the animal hospital. In this case, can I ask the seller or the boarding family to compensate at least the price of the puppy to me?
A: If you bought the dog, then until you sold the dog to new owners, it can be argued that it was your responsibility to properly vaccinate the dog with the parvo virus and other relevant vaccines. It sounds like the owner and the in-laws were merely boarding the dog for you while you found a new owner. I hear no acceptance of liability by them in your stated facts, nor any contractual relationship that points to any liability by them. Did the sellers tell you that they had vaccinated the dog prior to selling it to you, or that they were accepting liability for any injury to the dog while they boarded it? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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