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  1. #1
    Join Date
    Jul 2018
    Posts
    11

    Default Suing a Dog Breeder for Fraud

    My question involves a consumer law issue in the State of: Ohio

    I'm rethinking if I should be suing my dog's breeder. I've filed a small claims suit against her for fraud. When she sold me my dog, she only said my dog ate a corncob and needed surgery to correct it. What I later found out, after I proved ownership to the veterinarian, is my dog was presented to her veterinarian emaciated, in acute renal failure needing 9 inches of necrotic intestine removed. In a fraud situation, which is expected, vague reference or explicit details?

    My dog also had parasites. She's from a breeder on a farm. One I expected, the three I got seems excessive. That it took over a year to complete treatment, seems ridiculous to me. Is this an unreasonable, buyer beware situation?

  2. #2
    Join Date
    Mar 2013
    Posts
    16,671

    Default Re: Fraud or Buyer Beware

    You have multiple threads on this subject and it's annoying to have to try and go back to all of them to figure out what happened, so I won't. You should have kept the whole story in one thread.

    You have already filed your lawsuit.

    Up to you whether you stay in or back out.

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,830

    Default Re: Suing a Dog Breeder for Fraud

    Quote Quoting Cow Dog
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    When she sold me my dog, she only said my dog ate a corncob and needed surgery to correct it. What I later found out, after I proved ownership to the veterinarian, is my dog was presented to her veterinarian emaciated, in acute renal failure needing 9 inches of necrotic intestine removed.
    So that would be, the dog ate a corncob and needed surgery to correct it?
    Quote Quoting Cow Dog
    In a fraud situation, which is expected, vague reference or explicit details?
    If I am to try to figure out what you are asking, you are wondering how much detail the breeder was supposed to volunteer about the nature and extent of the surgery when you chose not to ask any follow-up questions after being told about the surgery. There's no hard and fast answer -- it's going to depend upon the facts, the evidence, and the manner in which the court interprets the facts and evidence.

    What the court is likely to focus on is "What difference does it make?" If you purchased a dog for breeding and it is sterile as a result of the surgery, or if the dog's life is going to be shortened by several years due to the surgery, you have a more plausible claim for damages. If it's just, "The surgery was more serious than I assumed even though the dog's health and lifespan aren't materially affected, but I'm angry that nobody volunteered more information", then that's not much of a case.
    Quote Quoting Cow Dog
    My dog also had parasites.
    That happens. Presumably you treated the parasites and the dog now no longer has parasites.
    Quote Quoting Cow Dog
    One I expected, the three I got seems excessive.
    That sentence makes no sense as written.
    Quote Quoting Cow Dog
    That it took over a year to complete treatment, seems ridiculous to me.
    Obviously the doctor wasn't performing surgery for a full year, so are we talking about parasite treatment? If it seems ridiculous to you that the vet prescribes a full year's treatment for whatever parasite we are talking about, that's something to discuss with your vet. Perhaps that's the necessary treatment for whatever parasite we're ostensibly talking about.

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