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IV. Other states establish “Puppy Lemon Laws”
Seventeen states have enacted lemon laws as a consumer remedy when purchasing certain animals. The states give a minimum of seven to twenty days for the consumer to have the animal checked for an illness and some states give even longer for congenital or hereditary disorders. Remedies for the purchaser range from a refund of the purchase price, an exchange for an animal of equivalent value, and reimbursement for veterinarian expenses.
In Arizona a dog or cat purchased from a pet dealer may be declared unfit within fifteen days after purchase. The purchaser may return the animal for a refund, exchange the animal and receive reimbursement for the veterinarian bills up to the purchase price, or choose to keep the animal and receive the reimbursement for the veterinarian bills up to the purchase price.
In California a written notice of rights is required by the breeder in any sale. The notice informs the purchaser of the rights he or she has against the breeder if their animal is found to be unfit within fifteen days of purchase because of an pre-existing illness. The purchaser may return the dog and receive reimbursement of the veterinarian bills, return and receive a replacement dog in addition to the veterinarian bills, or keep the dog and receive up to 150% of the purchase price of the dog for veterinarian bills.
In South Carolina if a dog or cat is found to be unfit due to a non-congenital condition with fourteen days of purchase or within six months due to a congenital health condition the purchaser may receive a refund and reimbursement for veterinarian bills not to exceed fifty percent of the purchase price of the animal, or retain the animal and receive a refund of the veterinarian bills not to exceed fifty percent of the purchase price.
In Connecticut pet stores are required to provide for a veterinarian examination of a purchased dog or cat. If the animal is found to have an illness that existed at the time of sale within fifteen days of purchase the consumer may replace the animal or receive a full refund.
In Delaware a purchaser is entitled to remedy from a seller if within twenty days of purchase the animal is found to suffer from an illness at the time of sale, or within two years the animal is found to suffer from a congenital or heredity defect the purchaser may return the animal for a refund and receive reimbursement for veterinarian bills not to exceed the purchase price, receive a comparable animal and receive reimbursement of veterinarian expenses not to exceed the original purchase price, retain the animal and receive reimbursement of veterinarian expenses not to exceed the purchase price.
In Maine an animal can be declared unfit for purchase within ten days of purchase or up to one year for congenital or hereditary defects. The purchaser may receive a full refund, exchange the animal for another animal of equal value, or retain the animal and receive reimbursement of veterinarian expenses not to exceed one half of the purchase price. If an animal dies that would have been unfit at the time of purchase the purchaser may receive a full refund or another animal of equal value.
Virginia law allows the purchaser to receive a refund or an exchange of equivalent value of the original purchase price if the animal is found to have the symptoms of a contagious or infectious disease or any congenital or heredity health defect within ten days of purchase.
In New York a purchaser of a dog or cat may have the animal declared unfit by a veterinarian if a contagious or infectious disease or congenital or hereditary defect is found present within fourteen days of purchase. The purchaser may either return the dog for a full refund, opt for replacement, or retain the dog. All of the options include reimbursement of veterinarian expenses up to the purchase price of the animal.
In Minnesota a purchaser has the right to a full refund or exchange and reimbursement of veterinarian costs within tend days of purchase if the animal is found to have a health problem at the time of sale. The purchaser retains these rights up to one year if a congenital or hereditary defect is found.
Vermont law gives purchaser of a dog or cat seven days to have the animal examined for an illness or up to one year for a congenital or hereditary defect with the right to receive a refund, exchange, or reimbursement of veterinarian bills up to the purchase price.
In Arkansas a consumer may have the dog or cat examined by a veterinarian, and if within ten days of purchase the animal is found to have an illness the purchaser may be reimbursed for veterinarian expenses up to the purchase price.
In Florida a consumer has fourteen days to have the dog or cat examined by a veterinarian and if any illness, infectious or contagious disease, or the presence of any internal or external parasites are found the purchaser has remedies against the seller. If any congenital or heredity defect is found within one year after purchase the purchaser may also invoke the following remedies. The purchaser may receive reimbursement for the veterinarian costs up to the purchase price of the animal and either retain the animal, refund the animal for the full price, or receive and exchange or equal value.
In Massachusetts the consumer protection governing the sale of animal is not by statute but by regulation. The regulation stipulates the purchaser has fourteen days to have the animal examined by a veterinarian and if the animal is found to have a disease or congenital disorder the purchaser can receive a refund or an exchange of equal value.
In New Hampshire the purchase of a dog, cat, or ferret has fourteen days to have animal examined by a veterinarian and if there is the presence of a disease the purchaser is entitled to a full refund or exchange of equal value. There is currently a proposed house bill to amend the current statute to give the purchaser twenty days to have the animal examined by a veterinarian and offer the purchaser additional remedies against the seller such as: the right to receive a refund and reimbursement for veterinarian expenses, the right to an exchange and reimbursement for veterinarian expenses, or reimbursement for veterinarian expenses for up to one year to cure the disease up to the purchase price of the animal.
In New Jersey a purchaser has recourse against the seller if within fourteen days the animal has a non-congenital illness as found by a veterinarian, or if within one hundred eighty days of purchase the animal is found have a congenital or heredity condition. The purchaser may receive reimbursement for veterinarian expenses up to twice the amount paid for the animal, return the animal with a full refund and veterinarian costs, retain the animal with veterinarian costs, or exchange the animal for one of equal value.
Nevada law requires a seller to refund the purchaser veterinarian costs up to the purchase price of the animal, and offer a refund or an exchange of the animal if the animal is found to have an illness or disease that existed at the time of sale. A veterinarian must make this determination within ten days of purchase.
In Pennsylvania a purchaser has ten days from the time of purchase to have the animal examined by a veterinarian and if any illness is present the purchaser may return the dog for a refund, exchange the dog for one of equal value, or retain the dog and receive reimbursement for any veterinarian costs up to the purchase price of the dog. The purchaser can also elect these remedies if a congenital or heredity condition is found within thirty days of purchase. There is also proposed legislation changing the time frame to invoke purchaser’s remedies from ten days for illness to fourteen days and from thirty days for congenital or heredity conditions to ninety days.
V. Finding Remedies through the application of other Missouri law
Defining animals as “products” gives consumers greater production under the theory of product liability
The definition of the term product varies between the Black’s Law dictionary, the Uniform Commercial Code, the Restatement, and state legislature. Black’s law defines product as “something that is distributed commercially for use or consumption at that is usually (1) tangible personal property, (2) the result of fabrication or processing, and (3) an item that has passed through a chain of commercial distribution before ultimate use or consumption. Black’s Law dictionary goes on to further define a defective product as “a product that is unreasonably dangerous for normal use, as when it is not fit for its intended purpose, inadequate instructions are provided for its use, or it is inherently dangerous in its design or manufacture.
The Uniform Commercial Code in § 2-105 defines goods to include “the young of animals since they too are frequently intended for sale and may be contracted before birth.”