puppy health guarantee, I am being sued for vet fees

[randy j]

We raise Minurature Pinschers as a hobby for showing at AKC shows. We sold a puppy we weren't keeping. As is customary, we guarantee health by vet check, full refund in 10 days or another puppy if vet check finds problems. Buyer pays all vet expenses. Past that we guarantee no significant genetic faults for 12 months or we we will replace the puppy with like kind as available. Buyer is responsible for vet bills. After 9 months a buyer chose not to take a replacement puppy but had surgery performed on his dog. Joint problem. Now he is sueing us in small claims for the $900 vet bill. Not sure that we even gave a written agreement as it was only a $300 pet grade. (I know verbal contracts are binding but is also my wife's word against his.) What approach for defense in court should we take? We make it real clear at purchase date that the buyer is responsible for all care and vet costs.

 

[rrg956]

In the absence of a written agreement, another strategy is to demonstrate that your stated warranty has always been understood by prior customers. A way to do this is to call some past "happy customers" and have them write a letter of reference incorporating what they understood your warranty to be. If such a customer is available as a live witness, buy them lunch, give them some free puppy toys and bring them to court to testify as to your standard warranty. If you should lose in small claims, use whatever appeal rights you have to get to the next level of hearing. While Small Claims hearing officers are notoriously "pro-consumer", you should get a better shake on appeal. You may also consider creating a sales agreement to avoid this in the future and don't forget to use the words "LIMITED WARRANTY" on the document.

I AM NOT AN ATTORNEY NOR SHOULD THE FOREGOING BE CONSTRUED AS LEGAL ADVICE.