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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I bought a dog from someone that turns out he was already sick

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I bought a dog from someone that turns out he was already sick and despite numerous hospital stays he passed away. I contacted the old owner to at least give me a refund on a dog that was previously sick. She refuses to return my calls when I ask for a this grounds for a civil lawsuit?

Thanks for your question.

You do have a claim you could file against the seller. You will have to prove that the dog's illness was pre-existing to your purchase.

You would be able to claim the purchase price back in the lawsuit. I suggest filing this lawsuit in small claims court. You will need to file it in the city where the seller lives.

Small claims court is easy and it is relatively inexpensive, and you don't need a lawyer. It's like Judge Judy, and all you have to do when its your trial day is tell the judge what happened and show proof that the illness was pre-existing your purchase.

Please let me know if you have any questions. Please also kindly consider rating my answer positively so that I am compensated for my work by the website. Rating does not cause an additional charge and will not prevent us from further discussing your questions.

Best Regards,
Customer: replied 4 years ago.

When i bought the dog i didnt really get a reciept but i have every medical receipt that accrued because of this pre-existing small claims court can I bring witnesses like the sitters...also can i get reimbursed for the medical expenses too? or just the purchase price?

Thank you for your response.

You may bring witnesses, but the only one that is important would be the vet. You must establish that the dog was sold to you in a defective state (i.e., it was sick when you got it).

The only damages you will be able to claim is the purchase price of the dog.

The state legislature is trying to pass a law to give you the right to more damages and to be able to recover vet bills, but currently the law only allows you to recover the purchase price.

Customer: replied 4 years ago.

Alrighty...I hoped it would be better with the vet bills. The dog was 500 and the vet bills was 1350 including a pet sitter...but if thats the best i can do than I'll take it... Thanks so much for your'll check into getting the vet to testify for me which i think she probably will...never done this before so hopefully it'll go well

I hope it does go well!!!

Good Luck and don't forget to rate my answer!

TexLaw and 4 other Legal Specialists are ready to help you