Q: We paid for a puppy from a breeder. It was not inexpensive. Soon after we got the pup home, however, she became sick. Now at the vet’s office for three days, and it is a bit touch-and-go. To our dismay, the breeder is being uncooperative. The vet care is costing us plenty out of pocket, and the trauma is really bad. Do we have claims we can make?
J.S., Huntington Beach
A: California Health & Safety Code Sections 122045 through 122315 are often referred to as the Pet Purchase Protection Act, or as California’s Pet Lemon Law. Specifically, if you purchase a dog from a breeder or pet dealer (so not from a private party’s litter), and the dog becomes seriously ill or, worse yet, dies from an illness that existed at the time of your purchase, or shortly after, you should have available remedies.
My suggestion is that you review Section 122160.11 online. Here I can provide a summary:
(A) You can return the dog for a refund of the purchase paid paid, plus sales tax, along with reimbursement of reasonable vt fees in an amount not to exceed what you paid for the dog; or (B) Exchange the dog for your choice of a dog of equivalent value, providing there is a replacement dog available, and you can seek reimbursement of the reasonable vet fees in an amount that does not exceed what you paid for the dog; or (C) Keep the dog, and seek reimbursement of the reasonable vet fees not to exceed 150% of the purchase price that you paid.
Note, however, that pursuing any of these remedies requires that you submit a veterinarian’s certification that the dog was ill from a pre-existing illness within a finite period of time (15 days if sick, or 1 year for a congenital and/or hereditary condition). This certificate is critical to your effort, and should be promptly provided (such as five days from receipt).
Note further that I did not include emotional distress damages as part of your claim. If you can prove that the seller’s actions were particularly egregious — which means intentional, reckless or fraudulent — you might be able to recover “pain and suffering.” But dogs still are often considered personal property in California. The focus therefore is on value of “the personal property” as opposed to your psychic and/or physical distress. From my vantage point, this is unfair because a dog is akin to family — but the law is still a bit staid.
In closing, I am sorry to hear of this very difficult situation. You have claims you can pursue. Consultation with an attorney might be advisable, particularly if the breeder continues to be uncooperative. I also wonder (and worry) if what has happened to you is not uncommon with this breeder. See the question and answer below.
Q: I read that the governor signed some bills that seek to deal with puppy mills here in California. Can you explain what all has come about?
P.H., Tarzana
A: Puppy mills typically are commercial operations that put quantity of dogs ahead of their health and well being. It is not unusual that dogs from puppy mills have health issues. Three bills recently signed into law in California seek to prevent or at minimum impede the puppy mill pipeline.
First, pet sellers are now required to disclose the origin of a pet and its health information. In addition, contracts are void that seek to have non-refundable deposits that purport to bind the expectant pet parent(s) to a pet who is not well.
Second, some puppy mills create the false impression they are small home breeders; to do this, they sell pets through brokers. California now bans third-party pet brokers, including those online, from selling puppies, cats and rabbits bred by others for profit here.
Third, dog importers must submit health certificates electronically to the California Department of Food & Agriculture within ten days of shipping the animal, and in turn the Department is to provide you with the certificates upon request.
Ron Sokol has been a practicing attorney for more than 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.