AboutDavid Hollingsworth Expertise I have quite a bit of experience in the field of Probate in Central Indiana along with general areas of civil law. I do not answer question regarding crimminal law or misdemeanors.
Expert: David Hollingsworth Date: 2/22/2008 Subject: Do I have a case for small claims?
Question On February 12, 2008, I traveled to Ft. Wayne, IN to adopt a Siberian Husky puppy from a rescue shelter. The puppy was fine for about 5 days when it came down with parvo and subsequently died. Costs for the adoption and emergency vet care total over $600. I have tried repeatedly to make contact with this shelter through phone calls and e-mails to try and see what they were willing to do. All has fallen on deaf ears. Do I have a claim here or am I just wasting my time? Adoption papers were signed but there isn't anything on them about a time frame if the animal should pass away.
Thank you!
Answer If you have nothing in writing regarding even an implication of a warranty on the health of the puppy you are pretty much out of luck. If you could find someone else that has had the same experience then you would have a possible argument that they had advance knowledge of the health of the puppy and should have not sold it to you. The chance of finding someone else is pretty remote. You might consider putting an ad in a paper of general circulation in Allen county asking for anyone else who may have experienced anything like this from the same center. The other problem you may run into is that if the shelter is a municipally run facility they have some protection under portions to the Indiana Code that give them protection as a public agency. Remember the squeaky wheel gets oiled first. There is nothing to prevent you from calling the Better Business Bureau, the chamber of commerce, a complaint bureau attached to the local newspaper or any one else in a position to bring heat on them. YOu might want to check with the Consumer PRotection Division of the Indiana Attorney General's office to see if other comnplaints have been filed against the shelter. IF so they have a complaint process that is quite affective. Good LUck. JDH
