Q: Can I sue a humane society for selling me chronically sick cats after guaranteeing good health? One was euthanized.
I bought two cats on the verbal guarantee they were both healthy, with no prior or current issues, and were fully vaccinated. Just a short 24 hours later, one had to be euthanized and the other is infested with worms. The 4m old kitten was euthanized due to its respiratory distress and organ condition. It had contracted covid at some point early on and it mutated, festered, causing widespread infection and fluid buildup. So much fluid was present that the lungs were floating out of place, the heart was undetectable in imaging, and the stomach was deformed into a square. Treatment was highly advised against due to the state of the kitten and she was put down. Extraction was done after euthanizing and the fluid was a foul thick puss, confirming this was in no way acute and was weeks/months long.
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A:
Yes, you may have grounds to sue the humane society for breach of contract or misrepresentation, given the verbal guarantee they provided about the cats' health. If you can prove that the society knew or should have known about the cats' health issues and failed to disclose them, you may be entitled to compensation for your financial losses, such as veterinary bills and the cost of euthanizing one of the cats.
You would need to gather all the evidence related to your purchase, such as receipts, any documentation provided by the humane society, and written or recorded statements about the health guarantees. Additionally, veterinary records detailing the conditions of both cats and the timeline of their illnesses will be important to show that these issues existed prior to your adoption.
It could be beneficial to consult with a local attorney familiar with animal law to assess the strength of your case and help navigate the legal process. They can assist you in understanding the specific laws in West Virginia and how they apply to your situation. If successful, you could recover the expenses incurred due to the humane society's alleged negligence or misrepresentation.
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