Post by account_disabled on Mar 12, 2024 4:17:34 GMT -5
In the case of selling an animal with a pre-existing disease, the Consumer Protection Code and its prerogatives apply, including the reversal of the burden of proof, full compensation for damages and the objective civil liability of the service provider company.
reproduction
The defendant's civil liability, pursuant to article 3 of the CDC, does not depend on the extent of the fault because it is considered objective
Reproduction
This was the understanding of the Portugal Mobile Number List judge of the 2nd Special Civil Court of BrasÃlia when she determined that an individual who brokered the sale of a German splitz puppy will have to pay material damages to the buyer of the animal, who, shortly after the sale, incurred expenses with animal veterinary treatment due to a discovered disease. Furthermore, the pet was sold with the promise of microchip installation, which also did not happen.
According to the records, the animal was delivered on January 23 of this year, without the combined microchip. This occurred after the clinical assessment that the defendant arranged, which was carried out the day before surrender. On February 2, the puppy showed symptoms of infection, which was confirmed to be caused by the protozoan Cystoisospora SPP. The buyer had to bear all the costs of treating the diagnosed illness, which was ultimately treated without any problems.
In the judge's opinion, the plaintiff is entitled to the material damage claimed. "The defendant did not present a technical report, certifying the health status of the animal at the time of purchase and sale; it is necessary to recognize that the puppy was sick when it was sold, notably because the symptoms of infection were noted days after delivery, still in the pre-patent period", highlighted the judge.
Finally, the judge ordered the defendant to pay compensation for material damages in the amount of R$3,179.95, relating to treatment and hospitalization at the clinic, and R$150 relating to the value of the microchip that was not implanted in the animal. With information from the TJ-DF press office.
reproduction
The defendant's civil liability, pursuant to article 3 of the CDC, does not depend on the extent of the fault because it is considered objective
Reproduction
This was the understanding of the Portugal Mobile Number List judge of the 2nd Special Civil Court of BrasÃlia when she determined that an individual who brokered the sale of a German splitz puppy will have to pay material damages to the buyer of the animal, who, shortly after the sale, incurred expenses with animal veterinary treatment due to a discovered disease. Furthermore, the pet was sold with the promise of microchip installation, which also did not happen.
According to the records, the animal was delivered on January 23 of this year, without the combined microchip. This occurred after the clinical assessment that the defendant arranged, which was carried out the day before surrender. On February 2, the puppy showed symptoms of infection, which was confirmed to be caused by the protozoan Cystoisospora SPP. The buyer had to bear all the costs of treating the diagnosed illness, which was ultimately treated without any problems.
In the judge's opinion, the plaintiff is entitled to the material damage claimed. "The defendant did not present a technical report, certifying the health status of the animal at the time of purchase and sale; it is necessary to recognize that the puppy was sick when it was sold, notably because the symptoms of infection were noted days after delivery, still in the pre-patent period", highlighted the judge.
Finally, the judge ordered the defendant to pay compensation for material damages in the amount of R$3,179.95, relating to treatment and hospitalization at the clinic, and R$150 relating to the value of the microchip that was not implanted in the animal. With information from the TJ-DF press office.