Semi-Legal type question here.

[RGunner]

Hi guys, got a problem and don't know what my next step should be in this situation, i have a feeling i may be screwed but wanted to see if anybody had anything to help me out here..heres the story.

My girlfriend and I got a puppy about a month or so ago from a animal rescue group, or so they advertised. They told us it was 8 weeks old, completely up to date on shots, and was a Shitzu mix puppy.. So this past weekend we go to get the 12 week shots, and the vet tells us that its a Chow/Boxer mix, and its only 8 weeks old and has never once had a shot. We are a little angry at this point, but its not a huge deal because we love our puppy and its healthy.

When we bought the dog, they said they would give us the shot records and that stuff the next day as it was in the mail or something to that sort, and they would not accept a check from us, only cash, which was a little shady but i really couldn't say no to my girlfriend because of how quick she fell in love with the dog. Ok back to the problem. Yesterday our puppy starts acting wierd, not eating, not really playing at all, when before it was always hyper and wanting to play and eating a good bit. So we figured it was just tired from playing alot with other dogs at my gf's parents house over the weekend. This morning its acting wierder, and pees all over herself, so my gf takes her to the vet up here, and she has Parvo (deadly virus). The vet said that the reason why it got it is because it had no shots whatsoever to prevent it, when dogs are supposed to get shots i believe every 4 weeks from birth to prevent it.

We don't know for sure if our dog is going to make it or not, still very scared and worried and upset about the whole situation, she is on antibiotics and all that good stuff but we don't know whats going to happen. If she hits the next stage (explosive diarrhea...fun i know) she has to be hospitalized and it will cost us a good deal of money to get fixed and still have a 50/50 chance of her living. We would like to contact the people that sold us the puppy, but want to be well informed of what we will be able to do in our rights, as we believe we were out right lied to, which we have proof of in e-mails and saved websites, which has caused us to as of right now spend over $250 that we shouldn't have had to spend, and it could lead to over $2000. If anyone has any advice for me it would be greatly appreciated, as I don't know much about the legal system, especially in this case...Thanks.

[StarBuck]

RGunner, I'm so sorry this happened to you and that poor puppy. I was a vet tech when I was a teenager, Parvo is deadly I hope your puppy pulls through.

I don't know what the laws are in your state, but yes, you have legal recourse. I would contact your local SPCA. They might even start an investigation to see if these people are not only legit, but that these animals are being treated and cared for properly. If your puppy has parvo, so does a whole mess of others in their care. Google to find your county's SPCA, I'm sure they will help you out.

In the meantime, I really, really pray your puppy makes it.

[Swaggs]

No advice, but very sorry to hear about this.

I really despise people that do not treat animals well, so I hope the people that screwed you (and, even worse, the dog) get nailed, somehow.

I hope your dog makes it through. I know we've spent a lot of money keeping our pets healthy over the years, and while it is occasionally tough to justify, we've always felt like it was worth it. Good luck.

[CU Tiger]

Man I dont know the legal ramifications
But Im pulling for the pup and you guys.

If (and I pray it doesnt) the parvo progresses I wouldn't spend a whole bunch more, that rarely stops once it starts degrading.

[Karlifornia]

Bummer, man...I wish I had some good advice....It's possible there was a mix-up with the the puppy's records....seeing as how they didn't even have it listed as the correct breed. No matter what, it's pretty poor form by the rescue center.

[RGunner]

I wish it was a mix up, but when we picked it up we asked to make sure if it was a shitzu and they said yes and they reiterated that the shot records and such was in the mail and all that. We've contacted the SPCA, they haven't responded seeing as it was late tonight when we get home from work which was not fun. Thanks for the good words, as of now, shes doing a little better, she ate a little bit, and was drinking the gatorade they told us to give to her to replenish her body, but shes lost some weight and we just don't know how its going to end up. If anyone else has any idea what to do let me know, im open for all suggestions. thanks again guys ill try to keep updates going, just afraid of how the girlfriend is gunna react if its for the worse.

[Vinatieri for Prez]

Likely not much. For the most part, dogs are treated as personal property under the law. You would probably get back what you initially paid for the dog, but not medical bills. The idea is that you aren't forced to provide medical treatment for the dog.

[albionmoonlight]

If you live near a law school, it might be worth talking to their free clinic. It is almost certain that they won't be able to help you (either you won't be poor enough and/or they won't do that kind of work), but they might be able to refer you to somone who can. Go to them with your hands open and act a bit sad and confused. Again, they probably can't help you, but they are human and a sick puppy story might get them to point you to someone who can.

My instinct is to agree, mostly, with Vinatieri. You could certainly get back what you paid for the dog. And, in general, it would be harder to get back medical bills.

However, these bastards made your girlfriend sad, so I think that we can agree that a situation like this does not call for the .9 millimeter; we need to get out the Howitzer.

This gets specific in a hurry, so I can't really do more than point out the statute to you, but assuming that your Fort Worth location is correct, then I would take a long look at the Texas Deceptive Trade Practices Act:

http://tlo2.tlc.state.tx.us/statutes....000017.00.htm

As you read, you will see that certain intentional deception in the selling of goods can subject a company to liability for triple the damages caused plus compensation for mental anguish. Again, I cannot advise you specifically on this statute as I am not a Texas attorney. But it seems worth knowing. And letting them know that you know if you end up talking to them again.

In addition, as a practical matter, I might also see about working the PR/Public Health angle. First, you don't want this to happen to anyone else. Second, you want to get these bastards. Third, they might actually be more afraid of publicity than lawyers.

I'd work with the SPCA. But I would also tell the Texas Attorney General about these unfair and deceptive trade practices. And the Federal Trade Commission. And whatever Texas agency is like the Federal Trade Commission. And the Texas Department of Ag. I'm sure they would like to know about Parvo puppies being sent out into Fort Worth. I'd cc the "rescue" on all these letters.

And maybe even the local news. Sounds like a perfect job for "Channel Six's Special Investigation Team." Sick puppies and scammed consumers? That's like oxygen for the local news stations. (assuming, of course, that you want your sadness put out there for all to see).

Anyway good luck. And I am sorry that this happened.

[st.cronin]

I talked to my girlfriend (a veterinary technician) and she guesstimated that 2/3 of parvo puppies pull through perfectly fine. I gave her some details of your case and she thought it was exceedingly unlikely that your puppy doesn't recover.

Sorry I can't help with the legal stuff.

[oliegirl]

Wow...I'll be praying for you and your puppy...

I went through a very similar situation with our new puppy, Weeble. Adopted him from a local shelter that was set up at Petsmart. Gave us the records, said he was meds for Coccidia, no problem. Continued the medication, the coccidia flared back up again, vet bill and meds there. Then a couple weeks later he got really sick on a Friday night. Trip to the emergency vet clinic, tested for Parvo, came back negative. Turns out he'd eaten something and got "backed up"...it passed a day or two later, no big deal. But we discovered that he'd never had the shots they said he had, no heartworm treatment, nothing. By this time my check had cleared the bank, but I wrote them a letter and sent it FedEx for signature delivery. Told them what had happened, gave copies of all the bills and a copy of the papers they'd given me saying he'd had the shots. Told them if they didn't refund the adoption fee that I'd press charges against them as well as the vet who provided the records. They sent a check the next day.

[RGunner]

Well, the gf just took her to the vet, she has to be hospitalized...i really don't know what to do, i'm praying she makes it but i'm not sure, we've filed a police report in the town that they sold us the dog in as they had no license and contacted everyone else possible except a lawyer as of right now, my dad is supposed to be talking to one soon...this sucks.

[chesapeake]

If you can prove that they lied to you specifically about the puppy having had his shots and that the subsequent illness is directly attributable to not getting shots, I think you do have a case to recover your medical fees. Whether it would pay for your attorney's fees is debatable.

If these guys dealt in cash, it is because they didn't want a paper trail leading to them. Could you even find them again? Contact your local Humane Society and ASPCA office. They've got access to deeper pockets to go after bad actors like the one you ran into.

Obligatory disclaimer: I am not a lawyer, although I do occasionally play one on TV.

[StarBuck]

Hey RGunner, I was glad to read that the puppy was responding to the Gatorade. The dehydration they get from severe vomiting and diarrhea, I'm sure it helped her feel better. I'm surprised the vet didn't put her on fluids right away. Keep us updated.

Also on the legal front, keep calling the SPCA. My friend works for them and she told me to tell you to keep calling. It's the only way you'll get through. Also try the Fort Worth Humane Society.
Phone: 817-332-HSNT (4768)


This may be a rescue that just goofed up, and the puppy became sick, but it also may be a puppy mill seller.

If you were told they vetted her, and then they can't prove they did, you can take them to small claims for your vet expenses. But even more important is they need to be investigated to see if this isn't some puppy mill place just churning out these poor things for cash, and not a rescue at all.

Also, the places below you can contact as well as the good references posted by someone else above. Definitely contact them, because if they are not legit, there is a lot of suffering going on and they should be shut down.
hxxp://www.centraltexasanimalalliance.org/reportabuse.htm
hxxp://www.arltexas.org/reference/

Just keep contacting all those that you can. People who work in these places or man the lines are usually burnt out. They see things no one should and they are overwhelmed with so many calls, etc. You will eventually find someone in one of these places fired up enough to help you. They may even know of the place you got the puppy from. Hopefully iy will all end well for everyone involved, but if the puppy had it's shots, it should have gotten the Parvo virus vaccine and this should not be happening.