I sold a perfectly healthy 8 month old pug, and he died a week later. Can she sue me?

Question

I sold my pug puppy to a pug-experienced woman (who already had 4 pugs in her home). He was perfectly healthy when I delivered him to her home (after driving an hour and half just so I could see the place). I spent an hour or more in her home to be sure he would get along with the other dogs, and so that I felt he would be happy there. I gave her a copy of his shot record, and disclosed anything and everything I could think of that she could need to know about him. A week later, AFTER she took him to the vet for a checkup and he received a clean bill of health from her vet (other than the typical worms, which all animals get at some point or another), she e-mails me to tell me that he died after emergency surgery for an obstruction in his intestines. I am distraught over his death, because I trusted this person to take care of my baby. All of the research I have done online concerning obstruction in puppies says you should see symptoms within 12-15 hours. He had no symptoms. In fact, for the first few days after she had him, he was fine. THEN he stopped eating. Her house was not dirty, but cluttered, which adds to my concern that he ingested something in her home that would not pass. He was still a puppy, in the chewing phase, and I wondered if maybe she just bit off more than she could chew in getting another pug.

My question is this: can she try to sue me to cover the medical bills? I have an mp3 of her voicemail where she states that her doctor says the dog is fine. I have saved every e-mail between the two of us, and I have been nothing but honest when addressing her concerns. I feel that he ate something at her home and now, since she had him only a week, she is going to try to say it was something he ate at my home. Help, please???

Answer 1

Most states have Pet lemon laws wich protect the purchaser.So you will need to read your Puppy lemon law for your state.Here is a copy of New york States pet Lemon law.

New York Pet Lemon Law

New York's law covers both dogs and cats and its definition of a "pet

      dealer" is broad enough to include many hobby breeders, as well as pet

      stores and larger breeding operations. A dealer is defined as anyone who

      sells more than nine animals per year.

      Purchasers have 14 days to document that the animal has a contagious or

      infectious disease. It also provides only 14 days to document a congenital

      or hereditary defect -- much less than the six months or one year provided

      by most other large states.

      New York also provides no penalty for dealers who fail to deliver

      advertised registration papers (although consumers could sue the dealer in

      Small Claims Court anyway, charging breech of contract.

      The law provides that when a purchaser documents that his pet was sick or

      defective, he may choose a replacement as well as reimbursement of the

      veterinary fees necessary to prove the animal was unfit. Or the buyer may

      demand a full refund plus the cost of veterinary fees, up to the purchase

      price of the animal.

      If the buyer keeps the dog, he may demand reimbrusement of veterinary fees

      up to the purchase price of the dog.

      Every pet dealer in New York must post a notice outlining the consumer

      rights provided by the pet lemon law.

      Report Your Experience

      If you've had a bad experience -- or a good one -- with a consumer product

      or service, we'd like to hear about it. All complaints are reviewed by

      class action attorneys and are considered for publication on our site.

      Knowledge is power! Help spread the word. File your consumer report now.

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Answer 2

If her own vet gave the dog a clean bill of health, then no, it was due to something that happened at her end.  If you are concerned, by all means consult an attorney.  You are doing a very wise thing by keeping copies of all communications between you no matter whether written, spoken, etc.   I'm so sorry for your loss.  I do Aussie rescue, and it hurts when one of my placed rescues eventually passes on. It would be worse if one of my babes died of something preventable, like falling out of a pickup.

Answer 3

If the vet gave him a clean bill of health, after he was in her care, you have nothing to worry about. I hope she is not threatening legal action against you. I would get the name of her vet, so that you can get the records if you need to. And I am so sorry to hear that he died. I had that happen with a puppy I sold one time, and it really hit me hard.  

Answer 4

She can try to sue if she wants, but you will not be responsible for anything, especially considering that she took him to her own vet and got a clean bill of health. I'm so sad about the puppy dying though! I have a pug, and I'd die if he died... he's my little baby!  

Answer 5

no she cant sue you.she may try but she wont succeed.  she only has 72 hours after getting the dog to have him checked out by the vet then if at that time there is something wrong then yes it is your responsibility but any time after that it is all on her.

Answer 6

She may try. It sounds like the pup may have swallowed something while in her care. Her own vet gave him a clean bill of health at her initial visit and you would have noticed him not well if it was something at your house. He wouldn't have gone a whole week without showing symptoms. If she tries to contact you again just let her know how sorry you are that the dog suffered such a misfortune but that you know you gave her a perfectly healthy dog. It's not like you gave a 2 year health guaranty...and that doesn't even cover foreign obstructions. It was her negligence that caused the poor little guy to swallow something he shouldn't have. You must feel terrible, but don't let her bully you into thinking it was your fault. Tell her to bring it on...and clean up her clutter!!!!

Answer 7

AWWWWWW! Why did you sell the puppy. If she sue's you she's a butt!  >: (

Answer 8

i dont think so as long as you have the papers saying he was heathy.

also if the dog was in her care it is her falt for not taking care of the poor dog. i say if she sues you, you should counter sue her for not taking care of the poor puppy.  

Answer 9

No he was in her house for a week.

if was obviously something he ate in her house.

and if he got a checkup and was healthy then it couldnt have been your fault.

Answer 10

He probably did eat something in her home. A week is a bit long to say an obstruction is your fault, especially if he ate or went to the bathroom at all when you last left him. Its her responsibility, not yours. I might be nice and give the lady half her money back because she still has vet bills to pay, but if she demands it I wouldn't give her anything at all. If she sues, you countersue for the court costs. It will be easy for you to win.

Answer 11

The dog died from emergency surgery, nothing which you could control.

Answer 12

First, I am sorry that the puppy died, but did he?    She has not provided you with "proof" of death.  Just an e-mail?  NOT!

She is liable for the vet charges since she "incurred them".  You are not.  The information you have saved needs to be on hard copy or a piece of paper  so you don't lose it off your phone.  

So....nothing until you see absolute proof of death.  Only then you can give her the purchase price back if you feel you need to do that. But, without concrete evidence that this actual puppy died from something like a birth defect, or inherited problem, proved by the vet in an autopsy , then she is owed nothing.  Did she order an autopsy, or is she just saying what the dog died from ??????

Whether or not she e-mailed you, called you or her house was messy etc. has nothing to do with the facts.  In a court of law, only the facts will prove themselves.

Answer 13

After a week and a few days anything the pup had eaten at your home would have been already gone from it's system.  No she cant look to you for any kind of reimbursement.  This was not because the pups was ill because of poor care by you, it's death was caused by the surgery and from something the pup ingested at her home not yours.