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state by state puppy lemon laws!

4876 Views 16 Replies 13 Participants Last post by  sesar_galvez
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ah ha! thank you for posting that... printing it right now.
Wow, this is great! Now I have a quick question because I did not completely understand something.

I am in the state of Florida, and I have not yet had Peanut for one year and I was wondering since he has Luxating Patella, can I get a refund? I would NEVER EVER want to replace him because I love him with all of my heart but am I entitled to have the Pet Shop pay for the price of his surgery (I find out if he need one in about 1 month -he is now on Glucosamine pills). Peanut cost me $722 with Tax and Microchip. I am not yet sure how much the surgery will cost but I think it will be a bit more than that.
When I bought Peanut I was so excited and in love with him that I did not clearly read the contract (dumb mistake although I dont regret buying him). On the contract it states that they are not liable for any hereditary disoreder... BUT on the link it says that within 1 year the hereditary disorder has to be payed by them RIGHT?

I am soo sorry this is long.. I just wanted to make sure I got everything..

Any help would be GREATLY appreciated!

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great info !! i wonder if we have something like that here

kisses nat
Good info!

PeanutButter- You're in a real sticky situation. Lux. Pat. is a congenital abnormality and according to the site, they would be liable; however the big question is if state law overrides contracts between an owner and a store. In Florida (not sure about other states), pets are considered property, so the owner of the pet store could say, I'm not paying for the surgery, but I'll gladly give you another puppy. Then what do you do?? I researched that when we had Zeus neutered and the vet botched up the surgery and I almost lost Zeus. You might try first discussing with the petshop the problem and how "we" can rectify the problem. If they aren't willing to pay for the surgery, what about paying for 1/2 of it? Sad to say this, because I personally don't believe a pet is "property" (more like a family member), but when you "buy" something at a store, you expect it to be "new". You wouldn't buy a new car accepting the fact that it needs a new ball bearing and pay the cost out of your pocket. Print out the excerpt on Florida law and take it with you if/when you find out he needs the corrective surgery. Good luck and keep us posted. :)
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NoahFl, Thank you so much for your reply.. I was really hoping someone had some sort of advice because I am truly confused now with this whole situation. I would never consider trading Peanut for another dog, all I want is for him to get better and be a normal dog again. I feel so bad that during his "Puppy-Hood", he is not able to run around and really get to play because of the Luxating Patella. I am going to do what you said and print a copy of the Florida Law and see what the owner of the pet store says.

Im glad that Zeus got through the surgeryand survived it. If you dont mind me asking, did the Vet end up being liable for the surgery?

Thank you so much forr your reply! :wink:

What happened to Zeus was VERY unusual. Instead of taking him to my prefered vet to be neutered, I took him to the vet he had been seeing prior to me getting him. Working for a vet a long time ago, I wasn't worried in the slightest because neutering is so routine and much less evasive then spaying a female. Zeus was 6 months old, I dropped him off that morning and was told I could pick him up that afternoon. After the neuter, I picked him up and he was acting normal. That night, he hadn't urinated which at times can be normal from the anesthesia. The following morning, he still hadn't gone potty. Now I'm starting to worry. I called the vet and the secretary (she wouldn't transfer me to the vet or tech) said it's normal and not to worry that he'll probably go by the afternoon. That afternoon, he still hadn't gone. I tried expressing him and nothing. Late that afternoon, I called again and told them nothing. The secretary talks to the vet and he says to bring Zeus in. As I'm driving, Zeus starts crying and I know he's in pain. The vet takes Zeus to the back and says he's going to reopen the suture and see what's going on. He claimed it was just internal swelling due to him making the internal sutures too tight. I'll never forget the wording he used. "I had a feeling I made those sutures too tight." I was furious. When he was done with Zeus, he said he wanted to keep him overnight for observation. I told him no because I know no one is here during the night and I can take care of him better. I took Zeus home with an open wound (about an inch long) in his groin area and watched him all night. The following morning, he wasn't urinating as much as I would have liked. I called my own vet whom I trusted completely and he saw us right away. He was able to get a cathetar in Zeus and drain a lot of urine out and after examining Zeus, he concluded 2 things. The other vet either sutured through Zeus' urethra or sutured completely around the urethra clamping it shut. I was furious. It took a long time for Zeus to recover and we had to retrain him. For weeks, he would just leak urine while sleeping and couldn't hold his bladder. The other vet had called a few days after the surgery to find out how Zeus was doing and I told him it's a slow process, but I took him to my prefered vet and he's in different care. The vet said to me "I'm so glad you brought him back in when you did or his bladder could have ruptured and we could have lost him." I'm thinking to myself... what the heck, I wanted to bring him in 24 hours prior, but was told not to, that his symptoms were normal. After a few firm words, I hung up with the vet and told him I won't be at his practice ever again. To this day, I can't forgive myself for not going with my prefered vet for the neuter, but I felt this guy had seen Zeus, was familiar with him and it was just a neuter. After the first year, I was going to bring his records to my prefered vet.

The vet never apologized to me. I paid for the neuter, but the after neuter follow up procedure or meds, I wasn't charged for. I did pay some money with my vet, but he didn't charge me much. I had everything documented just in case Zeus didn't make it. If he hadn't made it and we ended up in court, Zeus would be viewed as "property" and I would have been refunded the "value" of the dog as well as the surgical costs. I'm just glad Zeus made it. It was surely a painful recovery and it didn't alter Zeus' personality one bit. I called the person I got Zeus from and made a huge complaint about the vet. I told her, she should really consider going to another vet. Word of mouth is the most powerful thing a consumer has. I've told MANY people that I know about this vet practice. My own vet said he's heard things about this vet that weren't very good. What a jerk!

Anyway, sorry to have made this so long. It makes me so upset that my Zeusey had to go through this. :(
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I honestly cant believe what you just wrote. :shock: It must have been so hard for you not to mention upsetting. I cant believe that the Vet never even apologized to you and even had the nerve to say that he was glad you brought him when you did. Ive heard many people on this forum say that neutering a Chi or any small dog should not be taken lightly and for the Vet to simply brush off the simptoms as "normal" is truly insane! I am so glad that you both got through that horrible surgery and it truly is amazing how animals have such a wonderful healing power. Zeus must be a very Strong Chihuahua and Im sure you must be so proud of him for being such a warrior! :D
Thank you for sharing this with me/us because I am going to neuter Peanut afer he has/if he has the Luxating Patella surgery and your experience is truly helpful!

Yael :wave:
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poor zues!!!! At least everything worked out ok.. poor little guy,,
I understand that medicine is not a perfect, exact science and that accidents can happen but... to not even apologize???? How do some of these guys even make it through vet school? :shock:

Poor Zeus. I remember you referring to this story some months ago and I was appalled then. Even more so now that I know all the details.
Rachael Polachek said:
I understand that medicine is not a perfect, exact science and that accidents can happen but... to not even apologize???? How do some of these guys even make it through vet school? :shock:

Poor Zeus. I remember you referring to this story some months ago and I was appalled then. Even more so now that I know all the details.
my ex always said with a laugh " None of them have it perfected, they all have a license to PRACTICE medicine"

it is funny when you think aobut it... practice medicine.... practice makes perfect lol... i think not...
They didn't have one for Oklahoma. :(
How come they skipped Oklahoma? arrgh... :?
Im glad things worked out for Zeus. Im still giggling over the idea of a lemon puppy! I love them all!!!!
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