Legal rights over vets bills for new pet.

CapJ

It seems to me - morally you would be entitled to this money (and least in my book).

Legally it isn't so clear cut. At the least the sales of good act applies with respect to repair, refund or replacement. Perhaps there are other laws, or perhaps action under tort law is possible. But it wouldn't be easy and over £100 is it worth it?

Remember you could have incurred £100 anyway. It is perfectly possible something else would have happened. This is just part of owning a pet.

I do think it is right, as others have suggested to report this pet shop to the RSPCA. If the RSPCA act you would at least have the satisfaction of knowing that more animals won't suffer unnecessarily.

Equaliser123

adam.mt wrote: »

So, the seller doesn't have to be given the opportunity to resolve first??? Are there explicit exceptions for sales law regarding animals?

Not in this circumstance.

The SOGA doesn't actually state that you cannot obtain damages suffered as a direct consequence of a breach of contract.

adam.mt

Sorry to doubt you Equaliser, but based on what? (just trying to learn, you're usually very helpful) [edit: clarified later]

OP - when the rabbit became ill and had to go to the vets, was the pet shop open? That could help, since if it was over a weekend or holiday when the shop was shut you'd have a very strong argument for going straight to a vets. And was his 'illness' gradual or did it suddenly keel over?

Equaliser123

Based upon the law of contractual damages. Have a look at this (Q.12) http://webarchive.nationalarchives.gov.uk/+/http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html#Q12NeitherrepairnorreplacementofthegoodsarepossibleWhatcanIdo

The SoGA is intended to imply additional warranties into contracts of sale and to provide additional remedies - such as the right to a refund, replacement, etc.

However, the law of contractual damages allows for a claim to be made for losses suffered which a) are reasonably forseeable; b) which are suffered as a consequence of the breach.

The purchaser is under a common law duty to mitigate its loss - hence it would NOT be mitigating loss where a disproportionate cost of a repair is claimed rather than returning to the retailer. However, these circumstances are a little different providing the vets bill was not unreasonably large.

gordikin

£100 for treating a bunny sounds a lot!

woppitx6

Hi all, Yes I did contact the pet shop before I rang the vets. It was engaged 5 times and it just rang the other times. I tried over the period of an hour, then rang a vet and was told to bring it in immediately.

When we bought the rabbit, it didnt seem well, it was quiet and lethargic. I repeatedly asked if they were sure the rabbit was ok. Its just nervous was the reply. It even flaked out in the box and the sales assistant just laughed when I said it looked almost dead, he just reached in the box and shook it. They reassured me it was fine, hopping about usually and would settle in its hutch when we got him home. We were told not to touch him for a day or so and never to feed him fresh veg til he was at least 9 months old. This was something that made me suspicious of the treatment of their animals.....all rabbits need a good supply of fresh food!

He didnt eat at all, or even drink for the first 24 hours Just sat hunched over in the corner of his hutch and he moaned pitifully. When I picked him up his tummy was hard and i mean hard and really distended and deformed and he cried when it was touched, thats when I first contacted the petshop and got no reply. So after an hour of trying, got intouch with my own vet and was told it was an emergancy and to come in immediately.


The petshop, did offer me a refund or a new rabbit when i finally contacted them and said i should have brought it back to go to their own vets. I explained I had tried, but the rabbit was in pain and needed attention asap. I can take him back to them and they will take it to their own vets, but I cant go with them and they will not tell me who they deal with. I could not have lived with myself if i had given this poor animal back to them and to goodness knows what fate.


Petshops seem to operate within their own laws.
Will persue it as far we can, if only to annoy them!

woppitx6

In answer to a reply..the cost is as follows £49.70 for first visit, painkillers and medication.

Second visit (24 hours later) to see if there had been significant improvement £27.94

Last visit (today) £23.90.

He is making a fantastic recovery!!

narabanekeater

This isnt Pets At Home is it?

adam.mt

OP - thanks for the update, it would now seem you did absolutely the correct thing, and as Equaliser advises you should pursue this via Small Claims in order to get your full costs back; and as you've done report them.

woppitx6

Hi, no it wasnt pets at home. It was a new pet store that has opened in Castleford.
Not sure if i should say the name....but if anyone knows Castleford, its behind Wilkinsons.

Thanks for all your advice.