Q: If an animal rescue facility is aware of & has knowledge of specific health issues relating to an animal available for
adoption, must that facility and/or its staff provide full disclosure regarding those health issues to potential adopters PRIOR to the adoption of that animal?
A:
In some instances, the Lockyer-Polanco-Farr Pet Protection Act provides liability for breeders and dealers of dogs with contagious diseases or congenital defects. However, section 122125(d) specifically exempts public pounds and humane societies. leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=HSC&division=105.&title=&part=6.&chapter=5.&article=2.
It is unknown whether your obtained your animal from a pound or a humane society.
Even in the absence of the Pet Protection Act, you might have ordinary remedies for breach of contract, fraud, negligent misrepresentation, etc. Review your paperwork. It may specify a procedure for health issues. If not, and the rescue is unwilling to refund, exchange, etc., you can try to sue in Small Claims. Be prepared to submit a written verification from a licensed veterinarian that the health issue existed at the time of acquisition and that the rescue knew or should have known of it at that time. An attorney can help prepare your documents and get them filed and served.
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