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CalAttorney2
CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney representing individuals and businesses.
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I bought an adult stud dog some 3.5 months ago from a

Customer Question

hi i bought an adult stud dog some 3.5 months ago from a breeder in Tenesee , for 3000 usd i requested specifically that the dogs heart be checked prior to shipment , the breeder informed the vet of this and confirmed in writing that the dog had no health problems , the vet issued an international health certificate for the dog i imported it into South Africa 4000 dollars shipping and mated it with a young bitch who had cost me 7000 dollars , during her pregnancy we found out that the stud had a heart defect , this was passed on to the pups and we have lost most of the 7 , thus far 4 have been euthanatised another is very weak , the last three we will check their hearts in two weeks to check for improvement , i have various orders for these pups ranging from 4000/5000 dollars a pup . My losses in this matter are in the region of 30 000 dollars , do i have ant recourse in this situation against the vet for failing to check the heart and for issuing a health certificate ! the studs sister went to Europe reportedly she also has a defect this to was not picked up
Submitted: 1 year ago.
Category: Consumer Protection Law
Customer: replied 1 year ago.
we established the stud had a heart defect after he commenced with a mild limp , we were about to X-ray him so he had to be knocked out temporarily , he reportedly also has elbow dysplasia
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer, I am very sorry to learn about this situation.

Yes, you do have claims (both against the seller and against the vet).

You can sue the seller for breach of contract, and for fraud.

You can sell the vet for negligence (you can add a cause of action for fraud, but whether you wish to plead this is a strategy call, pleading fraud may jeopardize their insurance coverage - which is where you are hoping to get the money from).

Given the amount of liability here (and the fact that you reside out of the country), I would recommend hiring a Tennessee attorney to represent you in this action. (Suing the vet and the seller in TN is your best option as that way you can easily enforce your judgment against them here in the States without having any issues of a foreign judgment).

You can find local attorneys using the State and local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).