How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Consumer Protection Law
Satisfied Customers: 17447
Experience:  B.A.; M.B.A.; J.D.
16551887
Type Your Consumer Protection Law Question Here...
Phillips Esq. is online now
A new question is answered every 9 seconds

I bought a shetland sheepdog from a breeder 2 years ago. It

Customer Question

I bought a shetland sheepdog from a breeder 2 years ago. It turns out that she has a PDA heart murmur and is going to need a surgery to repair her heart. But this type of heart murmur isnt just a fluke or poor luck, A PDA heart murmur is genetic. So that means that my dog has this because of the breeder using a dog with a pda gene.
Can i hold him responsible?? Do i have a case to try to sue him to get the money i need for her surgery??
Submitted: 3 months ago.
Category: Consumer Protection Law
Expert:  Phillips Esq. replied 3 months ago.

Hello: This is Attorney Phillips. Welcome to Justanswer! I will be assisting you today with your post. I am sorry to read about your difficulties.

I need additional information.

When you were purchasing the dog from the breeder, did you ask the breeder if it may be possible that the dog may have a PDA heart murmur?

Thank you for your cooperation,

Customer: replied 3 months ago.
No i did not ask
Expert:  Phillips Esq. replied 3 months ago.

Thank you for the information.

Your questions:

Can i hold him responsible??

Response 1: No, you cannot since you did not ask about the dog possibly having "PDA murmur" and thus he did not mislead you. There was no material representation on the breeder's part.

Do i have a case to try to sue him to get the money i need for her surgery??

Response 2: Regrettably, no you do not for the reasons previously stated.

I am sorry that I do not have better news for you.