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I need legal advice on an issue with a puppy. I am a

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I need legal advice...

I need legal advice on an issue with a puppy. I am a Minnesota State inspected licensed kennel. I have raised puppies for about 10 yrs. The 31st of Aug a party picked up an 8 wk old puppy. The 12th of Sep it died of parvo. I have had no signs of parvo in any of my dogs on site and I do have a sibling of this puppy that I held back who has shown no signs of parvo. A year or so back I did have two other puppies who went to this same area of North Dakota who died of parvo. They were picked up at 8 wks also but were a bit older when they died. The vet there said he figured they got it from coyotes. I do have this clause in my contract that everyone gets when they pick up puppies - Lightening Lake Aussies (my business) does not guarantee against Parvo after 72 hour of arrival. What am I responsible/obligated to do to solve this issue?

Lawyer's Assistant: Because consumer protection law varies from place to place, can you tell me what state this is in?

Minnesota

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of at the moment

Submitted: 10 months ago.Category: Legal
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10/5/2017
Lawyer: Michael Bradley, Lawyer replied 10 months ago
Michael Bradley
Category: Legal
Satisfied Customers: 1,678
Experience: Owner at The Protection Group LLC
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can you send a copy of your contract so I can review the clause?

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Customer reply replied 10 months ago
Did you get the information you requested? Phyl
Lawyer: Michael Bradley, Lawyer replied 10 months ago

I do not see a copy of the contract

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Customer reply replied 10 months ago
LIGHTENING LAKE AUSSIES*****
Campbell, MN 56522(###) ###-####**@******.***Puppy Name: Diedra
For the purpose of this Guarantee the following will be used:
"Seller", "Lightening Lake Aussies" or the seller of the puppy. The terms "Buyer", "Customer", and "Original Owner" will refer to the original purchaser of the puppy. The terms "Veterinarian" or "Licensed Veterinarian" will refer to a Doctor of Veterinary Medicine or veterinary clinic licensed and accredited by the state in which the practitioner or clinic is located.
BASIC GUARANTEE
Lightening Lake Aussies guarantees all puppies sold by it to be free from communicable diseases at the time of sale only. All puppies sold will be current on all puppy shots, excluding rabies, kennel cough and other optional vaccines, as of the date of sale and will have been recently wormed. Lightening Lake Aussies does not guarantee against Parvo after 72 hour of arrival. Lightening Lake Aussies does not guarantee against the following conditions: Corona, Ear Mites, Coccidiosis or Giardia, since these parasites can be picked up almost anywhere and vaccinations will not protect your puppy from them. Giardia is now a relatively normal organism in the digestive tract and when under stress it becomes problematic. In addition, Lightening Lake Aussies can not guarantee against hypoglycemia which is also referred to as low blood sugar or sugar shock and illnesses that may be attributed to the change of food. Lightening Lake Aussies uses only Purina brand products.
Lightening Lake Aussies guarantees this puppy to be free of genetic defects that make the puppy not suitable for the purpose of a “family pet” until the puppy reaches one year of age. Buyer understands that the following slight genetic defects are not considered serious or life threatening and therefore are not covered: umbilical hernia, undescended testicle(s), Cryptorchidism, under bite or overbite, Grade 1 or Grade 2 luxating patella. This guarantee does not include any injuries or problems the puppy develops due to negligence or abuse by the new owner. Buyer understands that any and all guarantees expire one year from the puppy’s date of birth.
All puppies being shipped will be given a veterinarian examination before ownership is transferred to the Buyer and will come with a State of Minnesota Health Certificate signed by our veterinarian. If Buyer chooses to select their new puppy at the farm these practices will apply: 1. No veterinary examination will be provided since Buyer is required to have such examination done within 3 days of pickup. If Buyer requests a veterinary exam they will make a return trip to pick up the puppy after the veterinarian examination has been completed. All expenses incurred with this exam will be at Buyer’s expense. The only time Lightening Lake Aussies will be responsible for these incurred expenses will be at such time Lightening Lake Aussies deems it necessary for a
Customer reply replied 10 months ago
My apologies.
Customer reply replied 10 months ago
I should also have added puppy did have its first parvo vaccination but only the day it left so not enough time to be effective. The puppy travelled several hours by car to its new home.
Lawyer: Michael Bradley, Lawyer replied 10 months ago

can you tell me a little about parvo?

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Lawyer: Michael Bradley, Lawyer replied 10 months ago

and they sign this statement?

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Customer reply replied 9 months ago
My apologies for dropping this. My daughter in law passed away and I have been trying to get my feet on the ground raising children again!!! Anyway, yes they do sign this statement. As to parvo, it is usually a feces spread disease. It can show up in 3 to 21 days after contact. Thispuppy showed signs about a week after it left our kennel. The puppy can get it from its mom but that would have shown up a lot earlier as the puppy was 8 wks when it travelled. Normally if a kennel has parvo a lot more than one dog is infected and we have not had any others, even the sibling that we still have, that have shown any sign. We did have two other puppies who contracted parvo but they were about 3 mo old and had been at their new home since 8 wks. Their local vet said it was more than likely from contact with feces from coyotes in that area. The puppy in question went to the same part of North Dakota as the other two. Even though the new owner says no, I am wondering if they maybe did not stop at a rest stop on their way home as they are about 3 hrs from us. I am not trying to get out of this as we are a reputable kennel and want to keep it that way but am wondering just what my legal responsibilities are. Thanks for your time and if you have any additional questions please give a shout. Phyl
Lawyer: Michael Bradley, Lawyer replied 9 months ago

if they signed the agreement regarding the 72 hour provision then from a legal standpoint you are not liable

however, it may be good for business to offer some type of compensation as you ave already said you are looking to do

I do not blame you but legally I see no liability on your part

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