SwaY Posted September 13, 2011 Share Posted September 13, 2011 http://www.perthnow.com.au/news/western-australia/breeder-ordered-to-pay-for-sick-puppy/story-e6frg143-1226134213489 A COURTROOM battle over a sick puppy named Eddie has cost a backyard dog breeder more than $5000. Fay Armstrong was ordered to pay damages over the dog she sold to a customer after it became ill. She appealed the decision but this week the District Court threw out her bid to have it overturned and also ordered her to pay additional legal costs. Ms Armstrong, 57, this year became the first person forced to sign a declaration to never sell diseased animals following numerous complaints about her breeding operation. The landmark legal action was lodged by Consumer Protection. Last year, Ms Armstrong was told she would have to compensate Fiona Schneider for the money she spent on Eddie and for the distress the sale caused. In 2008, Ms Schneider bought the golden retriever pup from Ms Armstrong, who claimed the dog was a pure bred and had been vaccinated. But a few days after the sale, the canine became sick and required substantial veterinary care. It had contracted parvovirus. Ms Schneider told PerthNow she had launched the legal action after Ms Armstrong refused to take any responsibility for Eddie's condition and also refused to pay half the medical bills. In November 2010, a magistrate ordered Ms Armstrong pay $4779.19 in damages. However, she appealed the decision. This week, District Court judge John Wisbey dismissed the application and ordered she pay additional legal costs. Ms Schneider said she was pleased with the latest ruling but feared the battle may not be over. She explained that in court the 57-year-old threatened to take the matter to the Supreme Court. "I understand why people don't want to take legal action in cases like this," Ms Schneider said. "This has gone on for three years. I am still trying to get the original costs. "But I did it because I just felt I had to stand up to her and I didn't want this to happen to anyone else. "If she had of agreed to pay half the medical bills I probably would have left it but she dug her heels in and I felt she shouldn't be allowed to get away with this." Link to comment Share on other sites More sharing options...
Wazzat Xolo Posted September 13, 2011 Share Posted September 13, 2011 This is GREAT news and makes people more accountable for all that they do, I know of a few other people who have been woken up by this! ALL good in my eyes! Link to comment Share on other sites More sharing options...
oakway Posted September 13, 2011 Share Posted September 13, 2011 I am so pleased that you posted that. I would like to be able to see it posted on the front page of every news paper. Might just wake up a few of these back yard breeders up as to what can happen. Dare I say it.....it may also wake up a few registered ones. Link to comment Share on other sites More sharing options...
Wazzat Xolo Posted September 14, 2011 Share Posted September 14, 2011 Department of Consumer Protection treat animals as a purchase and goods, when people purchase goods they want what they paid for, this is a very good tool to tell everyone about as if faulty goods are bought and sold, they can be liable. Please post and tell all you can eventaully it will put a stop to the shonky ( reg or backyard) in my opinion. Link to comment Share on other sites More sharing options...
Darkrai Posted September 15, 2011 Share Posted September 15, 2011 Hmmmm... So was the dog Purebred? or was it Vacc'ed? Even if Vaccinated the puppy can still pick up the Parvo Virus...? Link to comment Share on other sites More sharing options...
Wazzat Xolo Posted September 15, 2011 Share Posted September 15, 2011 Pure bred, cross bred, Labrador or whatever makes no diff, certain conditions appear to have been placed on this breeder to make sure that all reasonable steps are taken ( as one would expect ALL breeders would take! Reg or not!!) and according to DOCEP if goods are faulty then this is what happens! I asked the q and they stated that I had to be absolutely 100% certain when I handed the puppy over it was healthy and vet checked the prior 24 hours! Will be interesting to see what happens in the future, at least will make people more accountable !! Link to comment Share on other sites More sharing options...
oakway Posted September 15, 2011 Share Posted September 15, 2011 Hmmmm... So was the dog Purebred? or was it Vacc'ed? Even if Vaccinated the puppy can still pick up the Parvo Virus...? Hi Darkrai, The problem is that many puppies that are vaccinated at 6 weeks may still be open to Parvo. We now know it is wiser to wait till the pup is approximately 8 weeks of age. We also have heard of cases where the pups are still nursing off their dam at the time of vaccination. We also know that some bitches still produce antibodies that cause the vaccination not to work. We now have a vaccine that will over ride the bitches passed on immunity. We also know that we may just find a puppy that you can not vaccinate their will always be an exception to the rule. Seeing as this case in particular has been brought to the attention of breeders I would be following the guide lines to the letter. Also I believe that when dealing with ethical breeders this situation may never have arisen in the first place because most of us would have been horrified at the situation and said bring the pup back for a full refund, end of story. My personal thoughts on the matter are Don't vaccinate under 8 weeks Take the pups off the bitch at 6 weeks so there is no further access to the bitches milk. Or use the 10 week Nobivac vaccine that over rides any immunity so the manufacturer says. Nobivac say that their vaccine has a 36 hour turn around so until we have manufactures that can match this I will be sticking with them. (we may have them I just don't know of them) Also having a manufacturing plant at Bendigo it means it is easy for me and you to sit on their door step should anything go wrong. The case quoted appears to more of a vaccination problem one than skeletal one but as Wazzat Xolo has said our pups are considered goods and are treated accordingly. When we warn people against vaccinating at 6 weeks maybe this is the case we should all be quoting just to make sure we are covering our own back sides. Cheers All. Link to comment Share on other sites More sharing options...
Hotwyr Posted September 15, 2011 Share Posted September 15, 2011 (edited) I agree Wazzat, my very first siberian died of Lepto after I had only had him a week ... He came from a place that was quite close to mudflats and the vet thinks he contracted it after licking up some rat pee. His breeder paid all the vet bills and gave me pick of the next litter - who turned out to be my 2xBiSS winning sibe "Meshik" Breeders need to take responsibilty. I most certainly do!! Edited September 15, 2011 by Hotwyr Link to comment Share on other sites More sharing options...
Recommended Posts