What can I do if someone wants to sue me for selling a sick puppy that I didn’t know was sick?
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What can I do if someone wants to sue me for selling a sick puppy that I didn’t know was sick?
I made a post on Craigslist that I was re-homing my 2 puppies. On the post I included their DOB, pictures and stated that they had no shots. After one of them was re-homed, the owner sent me a message saying the pup was sick and she wanted a refund. I said no, that I didn’t know the pup was sick and she clearly knew the pup had no vaccines. She kept insisting and said that she would sue me. I then blocked her number. She in turn looked me up on social media and messaged me through Facebook. She said that she was going to sue me and that her
Asked on December 22, 2016 under Business Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
1) File a police report against her for harassment and cyberstalking, possibly even extortion (making threats to make you give her money)--making threats or taking actions to intimidate, scare, etc. you are not legal.
2) If you did not provide a puppy warranty or guaranty, you'd only potentially be liable if you did know of the illness but misrepresented (lied about) it, since that could constitute fraud. If she were to sue you (and unfortunately, you can't keep her from filing a lawsuit if she is determined to; the courts do not "prescreen" lawsuits to see if they are valid), to win, she would need to prove in court by a "preponderance of the evidence" (that it is "more likely than not") that you knew, or logically *must* have known, of the illness, which may be very difficult for her.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
1) File a police report against her for harassment and cyberstalking, possibly even extortion (making threats to make you give her money)--making threats or taking actions to intimidate, scare, etc. you are not legal.
2) If you did not provide a puppy warranty or guaranty, you'd only potentially be liable if you did know of the illness but misrepresented (lied about) it, since that could constitute fraud. If she were to sue you (and unfortunately, you can't keep her from filing a lawsuit if she is determined to; the courts do not "prescreen" lawsuits to see if they are valid), to win, she would need to prove in court by a "preponderance of the evidence" (that it is "more likely than not") that you knew, or logically *must* have known, of the illness, which may be very difficult for her.
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