Pet Lovers

[occasionalrain]

Your mistake is admitting you were told the dog was sick, and knowing he was sick, taking him anyway. In other words, you assumed the responsibility for his care. Had they told you the dog was vet checked and healthy, took him to your vet and found he wasn't; you could sue for  misrepresentation. 

[RinaRina]

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@Jk9 wrote:

Poor dog.

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Yep.  They don't care.

In fact, someone wrote an online review after mine and was told by one of the counselors when the dog being "held" for her was given to someone else ... "maybe you should adopt from a rescue that cares."
I had planned to print out the review and read that sentence to the Judge, but 2 days later the review was deleted.
The shelter prolly bullied her just like they bullied me.  But I didn't cave.

[RinaRina]

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@occasionalrain wrote:

Had they told you the dog was vet checked and healthy, took him to your vet and found he wasn't; you could sue for  misrepresentation. 

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Ha!  That's exactly what happened.

Thanks for feedback.

I'll use that at the hearing.

Here's a paragraph from one of 3 letters I sent to the Medical Director:

"

QUOTE:
"After adopting XXX, I was not given any antibiotics.

XXXX (counselor) said, as per the vet, XXXXX (dog) was okay and didn’t need antibiotics.

I was baffled.  How can a dog have a URI one minute and the next minute, like magic, instantly be well?    

The XXXX vet who cleared this dog as “healthy” should be fired for incompetency and gross negligence."  
Also:
"I’m curious, … Did that vet graduate from vet school, or did he only complete ONE semester?

Why is he unable to recognize the difference between “recovery”, a persistent URI, and pneumonia?"

@occasionalrain 

Now, I'm wondering if I should've included in my legal complaint ALL THREE of the letters I sent to the shelter.

Yesssssss .... "LIKE MAGIC" my dog was instantly "well" and didn't need the antibiotics I was promised. These people are money-grubbing scumbags of the worst kind.

They don't care about the animals.  They're running a legalized dog mill.

BTW, this was a conditional adoption ..."WE'LL GIVE YOU ANTIBIOTICS IF YOU ADOPT THE DOG."
Good good good!  I'm glad you missed that part.

I'll have to emphasize that part when I speak in the hearing.

This was a conditional adoption contingent upon being given Clavamox.

So, there were two major fails here ...

#1- No antibiotics and

#2 - as you said, the misrepresentation by the vet.

[Marp]

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@RinaRina wrote:

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@Jk9 wrote:

Poor dog.

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Yep.  They don't care.

In fact, someone wrote an online review after mine and was told by one of the counselors when the dog being "held" for her was given to someone else ... "maybe you should adopt from a rescue that cares."
I had planned to print out the review and read that sentence to the Judge, but 2 days later the review was deleted.
The shelter prolly bullied her just like they bullied me.  But I didn't cave.

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@RinaRina,  it may be a long shot but it is possible the deleted post was archived (archive.org) and you can print it from there.

[CrazyDaisy]

You adopted a dog that was sicker than the shelter knew, period.  Shelter dogs are not have full workup by vets, most can barely afford minimal care.

Just admit it that you have regrets getting this dog because it was to soon after you lost your other one.  Do what is best for the dog and find him a home that wants him rather than try and come up with reasons why it is not your fault.

[elated]

I have been to Small Claims Court and you need to show proof of your claim. I would call it negligence..I would not get emotional ; just state your case. Bring your vet bills and any contract you may have signed. 

Don't use the term Bait and Switch because that is not what happened.  Bait and switch is a sales tactic to get you in the store and then sell.you a higher priced item.

The only negative is that you took the dog knowing it was sick. They promised meds but reneged. It will be a he said/she said scenario.. Remain calm..If you come off as being unreasonable, it will not go well. Just state your case. I can't emphasize this enough. I wish you well. 

[Love to Run]

You stated that you argued about the medicine, but took the dog anyway. Why would you argue about medicine for a dog you believed was healthy? Or, why would you take possession of a dog that you believe is ill? Either way, seems like a pretty shaky case. They'll probably just claim buyer's (adopter's) remorse.

[CrazyDaisy]

@Love to Run wrote:

You stated that you argued about the medicine, but took the dog anyway. Why would you argue about medicine for a dog you believed was healthy? Or, why would you take possession of a dog that you believe is ill? Either way, seems like a pretty shaky case. They'll probably just claim buyer's (adopter's) remorse.

In most, if not all, states, a vet is the only person who can prescribe medications. The OP likely misunderstood that when she took the dog to the vet, he would prescribe a medication. Shelters do not dispense medications, they can barely afford to feed and house the pets they have.

[pupwhipped]

I am absolutely no lawyer type so there's that. But I assume you signed some kind of contract with the shelter. Obviously whatever is in that written document will be the most important factor in this matter. I would think the very most you could recoup is the cost of ten days worth of Clavamox, if that. That's what was supposedly promised to you that you did not receive...not sure how you will prove it, though. No shelter can guarantee the ongoing health of a dog days or weeks later. And according to your post they did tell you that the dog had an upper respiratory infection...they did not represent that he was completely healthy with no issues. I don't see you getting back anywhere near what you've put in but I certainly wish you luck. I am sorry this happened but I think you should be prepared for a less then satisfactory outcome.

Let us know what happens next week...we could all likely learn lessons from this. Again, good luck!

[Etoile308]

@RinaRina, as frustrating as the situation is, I think your case will come down to what is written in the adoption agreement. Nothing more. Doubt any verbal promise will matter. It wasn't spelled out in the contract. 

Do you and others think they are shady? Sounds like it, but that has zero bearing on your case. Don't muddy the waters with comments from other online reviewers. 

The bottom line is that you made the conscious decision to sign the paperwork and walk out the door with a dog you knew has some type of illness. 

As much as it would be nice to have expenses recouped, I think you need to focus on the joy the pet has given you.