babsbag said:
I can agree about taking it back and asking for a refund, but a lawsuit, seriously? I suppose if you spent a lot of money on the animal and you had to destroy it you could take them to small claims court and get a judgement that way, but that is about all you are going to get. As a buyer it is up to me to retest the animal if I don't trust the seller and QUARANTINE. If down the road the negative CAE goat converts to + CAE (and it does happen), am I still going to go back and sue the previous owner? When does their responsibility end?
As far as them getting a disease from a goat I sold them, again, it is up to them to test and to decide if they need to pastuerize the milk, it is not my job as a seller to police their practices with THEIR animal. I believe in being honest when selling any thing, but while I am a resonsilbe seller, a buyer needs to be aware and responsible as well. No one should have to tell an adult that a plastic bag is not a toy for a child, and that a lawnmower blade is sharp and can cut off your hand. People in USA have forgotten how to use common sense.
While the disclosure form would take care of that, it might also scare off a lot of new goat owners. It is not something I am going to add to my practices. I would rather educate my buyers in a friendly, no so scarey, manner. JMO
I think we will all have to agree to disagree on this one. But I would like to point out that there are warnings even on Mcdonalds toys about choking hazards(even on the plastic bags), and yes someone did sue them for that hot cup of coffee - and won. That's also why there are now warnings about peanuts - someone was allergic, didn't know it and bam lawsuit. That is the reality of the legal system. You are liable without disclosure and it is the seller's responsibility to inform the buyer. Just for anyone that wants to see it, here's the draft version of my Notice (an attorney helped me with it) - It's really simple, and straightforward and I've never had anyone complain about signing it. I also include a list of meds/pesticides I have used from here (I circle the ones used)-
https://www.uky.edu/Ag/AnimalSciences/goats/presentations/A5 Goatmeds[1].pdf
NOTICE OF DISCLOSURE
Insert Farm Name strives to produce healthy, disease-free animals. We practice active control measures to include sanitation practices, inspections and quarantine programs within our herd(s), and make every effort to deliver these animals to buyers in a state of good health. This Notice of Disclosure provides you, the buyer, with information about zoonotic disease, food-borne illness, and medicine/chemical use.
Zoonotic diseases are infectious disease/illness that can be transmitted from an animal to a human. There are many different zoonotic disease contaminants and just as many ways of transmission. Infectious agents of zoonoses are parasites, bacteria, fungi, viruses, and pria. There are also intermediate carriers which transmit zoonotic diseases to humans. Some common forms of transmission include bodily fluids, eating infected meat or dairy products, and exudates from abscesses or lesions.
Food-borne illness with regard to animals is similar to zoonotic disease but its transmission is from consuming contaminated food. Food-borne illness contaminants usually arise from improper handling, preparation or food storage. It may also be cause by ingestion of chemicals, medicines or pesticides used on an animal before slaughter.
Medicines used to treat various disease/illness within an animal can cause reactions in a human. There are numerous chemical contaminants that can be used each having their own withholding time for milk and/or meat consumption. Chemical contamination is often unaffected by thermal processing. Veterinary drugs and pesticides are both considered a chemical contaminant.
Insert Farm Name makes every effort to inform you, the buyer, of any known disease/illness the animal(s) has and our use/schedule of veterinary drugs/pesticides, however, we do not guarantee the animal to be disease/illness free due to the numerous agents of infection. We do not test for all possible contaminants and we have no control over the buyers use of the animal(s) after purchase.
I, the buyer, have read the above Notice of Disclosure and state that I have been fully informed of any known disease/illness of the animal(s) being purchased and the use of veterinary drugs/pesticides. I release Insert Farm Name from liability upon purchase of the animal(s).
X___________________________________________ ______________________________
BUYER SIGNATURE BUYER DATE