Can I sue?

[puppy love]

What is the name of your state (only U.S. law)? Connecticut.

First off.. This little story kind of fits into two categories, defective product (in my online searching, animals are considered a product/property) and there's a little bit of medical malpractice mixed in (at least I think so).

Five days ago, I went to a puppy store in the mall and started playing with a puppy. I pretty much fell in love, and with my mom's permission, my boyfriend paid for the puppy in full. He signed the contract and got the little envelope for his medical history. Although we were given that, the employees failed to mention anything about the little pup's runny nose. Since no one said anything to me about it, although the employee who sold him to us held him and I'm imagining saw not only the runny nose, but the little amount of yellow crust that was in his hair around his nose, I figured it was nothing bad or abnormal.. I have never had a dog before, I wasn't aware.
That very night, he had trouble sleeping, not only from the new environment, but he had developed a very small cough. the next day, the cough got much, much worse and the next day I called the vet. He took us in that day.
The vet saw nothing too wrong with him... He said he did not believe it to be pneumonia and did not feel the need to give him x-rays. Basically, he gave us medication for a cold and we were in and out of there.
The next day, he was not eating. I called the vet, and because the vet was leaving, the secretary told me to call a nearby animal hospital. I did, and we went in and had him checked out. He had all the same symptoms as the day before, and when the doctor at the hospital used her stethoscope, she noted that one of his sides sounded like air was not getting through very well. I was surprised, to say the least, that the vet I went to the day before did not catch this, but I noted that he only checked his chest, and not his sides and other areas like the doctor at the hospital had. She said that it could possibly be pneumonia, and that he needed to have x-rays taken (yeah, even though I had heard just the opposite less than 24 hours prior).
She came back with the results, and he did, in fact, have pneumonia. We were given new prescriptions and had him home for the night.
Just this morning, I had noticed that his jaw had been shaking and that his eyes randomly started rolling and twitching. I searched, and found that those were a couple signs of a seizure in dogs. I called the animal hospital, and I was there once again.
The way they would test him to see if it really was a seizure would be costly. The pet store said they would cover half the cost of the dog in medical bills, and that if there were any other problems he would have to be sent to their vet.
So, oh joy, I had to drive him to the mall, and give him back so they could get him to their vet...Who was closed for the day. He has been in a cage in the back of a pet store all night, without any attention. (It's currently quarter to six in the morning here, can you tell I'm worried?)

I apologize for the length of this post, but it's necessary information. I have told this to a few people, and they are strict in telling me I should sue. the thing is, I'm not very law-savvy and I don't know what I'd sue for. I could see medical malpractice maybe, because the vet missed the pneumonia? But those bills are being covered. Is there any lawsuit I could file for them selling me a sick puppy? any chance of compensation for pain and suffering (would this apply to the pup as well as me and my family)? Right now, I don't really care about money going into our pockets as much as I am simply making them pay for having such a sick dog in their hands and not doing anything (the doctor at the animal hospital said yesterday that there was no way the pneumonia was something to do with us, it came on too quickly for it to not have been around for a while).

Thank you for reading.

 

[wyett717]

So when you noticed the runny/crusty nose, why did you not start asking questions as a responsible pet owner would do?

 

[puppy love]

So when you noticed the runny/crusty nose, why did you not start asking questions as a responsible pet owner would do?

What part of "I didn't know" didn't you get? If the pup was sick, I was under the impression the store would let me know. This is my first dog, I hadn't done extensive research on nasal activity prior to going in. All the knowledge I had was that if a dog's nose was moist, it was alright. If the nose was dry, there was a problem.

 

[wyett717]

Since no one said anything to me about it, although the employee who sold him to us held him and I'm imagining saw not only the runny nose, but the little amount of yellow crust that was in his hair around his nose, I figured it was nothing bad or abnormal.

You DID know there was something wrong when you were looking at the dog, but you chose not to inquire about it. What part of "responsible pet owner" don't YOU get?

 

[MattSCESC]

wyett. It's quite obvious that you spend most of your time on these boards, flaming people, and trying to make someone feel stupid. You've actually made YOURSELF look like an idiot. When purchasing ANYTHING from ANYONE, especially a specialty store, such as a pet store, the average consumer would assume that the staff would have some sort of expertise, or basic knowledge of what they are selling. It would be like assuming your car dealer/salesperson had some sort of basic knowledge about automobiles. I would check with a local consumer attorney and take advantage of their "Free Consultation". Present your case to them, and go from there. You honestly might want to just call the store owner and raise hell, and see what they do.

I, personally, have gotten great advice on another subject here, and unfortunately, you got the occasional sour puss, who thinks they know everything.

From experience, I purchased a yellow lab puppy from a local pet store, (which, by the way, I don't recommend: purchase from a reputable breeder, or adopt one) and she was under weight, and wouldn't eat. Luckily the staff at my pet store did have knowledge of their animals, and did have a regular attending vet, that established her weight problems were due to the fact that she wouldn't eat the wet food they were feeding her. I got it in writing, and also opted for the extra "warranty", for lack of a better term. I visited the vet for normal checkups and vaccinations, and thankfully didn't have any issues. UNTIL... the "warranty" ran out. Then she ended up with diarrhea for about 3 months. We dealt with it, and haven't had issues since.

Good luck!!!

 

[wyett717]

Thanks for your opinion. It means nothing, but thanks. My comment was because the OP obviously saw the dog's runny/crusty nose, and failed to inquire about it. Perhaps the pet store staff should have mentioned something if they were aware of it, but a responsible pet owner should ask if they notice something is awry. Wouldn't you?