Rabbit died hours after brought home, can I get pet store to pay vet bill?

[MrThescond]

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

I went out with my girlfriend to buy her a rabbit for the holidays. We went to a well known and recommended pet store closer to where we work on the north shore of Long Island, and purchased an eight week old female mini lop. That day we questioned about how it's butt was stained brown, but knowing the rabbit wasn't litter trained yet, we just took the clerk's word that it happens in the living quarter. Also, my girlfriend asked about the rabbit's health and ear position, since she read up on rabbits and knew they could have certain conditions if they have a head tilt. Never once did they mention that they offer services at the vet store next door.

The next day my girlfriend picked the rabbit up with her mom at 7 pm. I was expecting it to be timid and shy the first night, as our reading told us they can be, being prey animals, but the rabbit was very active and inquisitive in it's new setting. Then suddenly at 10:30 it became very lethargic and got a case of liquid diarrhea, which can be fatal in rabbits, causing dehydration quickly. When it wouldn't stop, we took it to the nearby 24 hour vet, where they wanted to keep it overnight to get iv and test for bacteria and parasites. We got a call then at 4am in the morning telling us her condition worsened and to come down to the hospital. The rabbit passed at 6am. Although the doctor said she couldn't be 100% sure without an autopsy, she said the likely cause of death was endotoxemia and not dehydration. This could be caused by bacteria shared from other rabbit's or the mother's milk.

I went to the pet store the next day, and they did offer a full refund for the pet and supplies, but are refusing to pay for the vet bill. The owner is saying the death was just caused by stress. He also keeps saying how they offer the services of the vet store next to them, which was never mentioned to us, and that we should have waited 12 hours and then drove the 20-30 miles out to see them. I did look up that New York state does have a pet lemon law, but I believe it only specifically states dogs and cats. I just wanted to check if this was one of those instances where everyone says, "Sue them!", but there is unfortunately no legal footing. Thanks for any replies, and have a pleasant holiday.

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

 

[You Are Guilty]

The NY Pet Lemon Law is in fact, limited to cats and dogs. As for the expenses incurred, you are certainly entitled to the price for the rabbit and supplies back.

The vet bills are more of a gray area. On one side, you never gave the pet store an attempt to remedy the problem before going to the vet, yet you want to hold them (financially) responsible for your actions. What were they supposed to do if you never told them of the problem? On the other hand, if this was an emergency, and the vet you used was reasonably priced, it's possible a small claims judge would see it your way and say the store has some liability here.

The bigger question is how much time/effort/money you want to expend for a chance (possibly only a small chance) at collecting the vet fees from the pet store?

If you do decide to go the court route, read this:
http://www.courts.state.ny.us/courts/nyc/smallclaims/general.shtml
(It's written for the NYC small claims courts, but is mostly applicable to LI as well).

Either way, good luck.

 

[TheLawMan]

You Are Guilty makes several goods points. However, you stated that the vet had made some conclusions regarding the cause of death. If the vet finds that the condition was a preexisting one and that the pet store knew or should have known of the rabbit's condition prior to selling it to you, you have a fairly good shot at arguing fraud and/or negligence, which will place your case in a more favorable light and would also allow you to possibly collect punitive damages (something that won't happen on a pure breach of contract claim).