Background: Despite pets are sentient beings, from a legal point of view, they are considered and regulated as mere goods. The buyer is therefore protected by law if the purchased animal should be affected by defects such as an illness or a congenital/hereditary condition that depreciate its value. In the sale of animals, a disease is legally considered a defect if it is: hidden, severe, and pre-existing at the time of sale. Canine atopic dermatitis (CAD) has these three requirements and can therefore legally be considered a defect. To acquire his legal rights, the buyer, must obtain within a certain time frame, a certification from the veterinarian reporting that the animal was unfit for buying.
Aim: This article analyses the legal choices that owners of dogs affected with CAD can make, in order to help practicing veterinary clinicians to comprehend and recognize this disease and why may be considered a defect.
Methods: Thirteen cases of CAD are reported and analysed from a medico-legal point of view
Results: In cases n. 2, 3, 4, 5, 7 owners of dogs affected with CAD have obtain partial or full reimbursement from the seller. In cases n. 9, 10, 11, 12, and 13 dog owners were unable to take any legal action because the diagnosis of CAD was made beyond the time limits required by law. In cases n. 1, 6, and 8 the owners have decided not to take any legal action.
Conclusion: The veterinarian practitioner is a key professional figure not only for diagnosing the disease within the legal time limits, but also for support the owner in medico-legal disputes. A basic medico-legal background for all veterinarians and greater involvement of them in the sale of animals as a guarantee for the buyer is recommended.
Key words: CAD; canine atopic dermatitis; skin disease; clinical signs; purchase defect
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