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231 Comments on Buyer Sues Seller For Not Disclosing Deadly Plants Eaten By Pet Rott. Disclosure Nightmare?
Attorneys have to make a living too. Just saying :)
Just about every yard has something dangerous in it. I think its up to the dog owner to check out the yard to ensure the safety of their pet. As a dog owner I have always inspected the yard in every home I have purchased for hidden dangers. Then I don't leave the dog unattended until all cacti or other offenders have been removed.
The american dream these days is preficed by saying "my attorney says . . . " What a shame!
It it wasn't for threat of politics or lawsuits, think how much further ahead of China, Japan and Russia we would be. I think even the Somlian pirates are outpacing our GNP as a result.
Common sense would say the buyer should be aware of the plants that may harm their pet(s). Pet owners should not leave their pets unattended. Some dogs eat everything - this week my niece had her yellow lab operated on to remove half a shirt, after finding 3 socks in her gut a week earlier. My pets would not be left to their own devices, even in a fenced yard.
Hi Greg interesting post and thanks for sharing. But in my opinion another example of a litigious society gone wild!
Shame on attorneys who would even entertain this to be a legit claim. It's a BUYER BEWARE situation and should be solely the buyer's responsibility to check out any potential hazzards possibly lurking in the backyard. This isn't any much different from a buyer having the sole responsibility to check out criminal activities or predatory sex offenders in the neighborhood.
#110 - I heard a joke from a lawyer friend of mine as well. "Why did New Jersey get all the toxic waste dumps and California the attorneys? New Jersey got first choice!"
People have to hold themselves responsible. If you own a dog do some reserach and find out what is good and bad for him. Common sense.
Have you seen all the oleanders on the side of the highways in Texas? It is the favorite plant of the TX Hwy Dept. Can we sue them if we stop to walk our dogs & they eat the oleanders?
Don't think you have to disclose what you don't know.
WOW, I am shocked (but I suppose not surprised) by this type of lawsuit....personally..as\nd as an attorney, I am appalled by this lawsuit!!
Frivolous lawsuits should be dealt with harshly. Person that brings it forward should have to pay all the lawyer fees for both sides and all court costs.
Wow! So if I sell my house here in Florida do I need to disclose that there are lizards in my yard and they can be harmful to cats? What about the buffo toads? They certainly are harmful to dogs? Snakes? Fire ants? Where does it end. I had a dog that I had to put down because he kept eating paint -- should I have sued Benjamin Moore? Hum maybe I could have retired already.
Every disclosure we have is representative of a lawsuit filed somewhere at some time.
Oleander is very dangerous. I have a neighbor that did not know this. He made a habit of throwing his cuttings and trimmings into my 40 acre cow pasture. i was happy with this because a variety of greens is good for the cows. One day he threw in oleander and I lost a prized cow leaving her calf orphaned.
This is not the only dangerous plant around though. There are many growing in my yard that are extremely toxic!
My vote is that this is overkill and filing a suit is ridiculous.
Buyers, get to know your property when you buy it. Put on your big boy and girl pants and take control of your destiny! Walk around your yard and look for inherint risks inlcuding plants, animal dens and dangerous objects. Be responsible for yourself and your loved ones including your pets.
What if the cat ate the oleander and the dog ate the cat...
Maybe cat and oleander is a toxic mixture? Seriously, I just never thought about this. The California Association of Realtors need to put that on the property disclosure statement! You know, absolving sellers and agents about knowing plants.
Your post made me think of the words in the book "I Know an Old Lady Who Swallowed A Fly"
I know an old lady who swallowed a fly,
I don't know why she swallowed the fly,
I guess she'll die.
I know an old lady who swallowed a spider,
That wriggled and jiggled and tickled inside her.
She swallowed the spider to catch the fly,
I don't know why she swallowed the fly,
I guess she'll die.
I know an old lady who swallowed a bird,
How absurd to swallow a bird!
She swallowed the bird to catch the spider,
That wriggled and jiggled and tickled inside her,
She swallowed the spider to catch the fly,
I don't know why she swallowed the fly,
I guess she'll die.
I know an old lady who swallowed a cat,
Imagine that, to swallow a cat!
She swallowed the cat to catch the bird,
She swallowed the bird to catch the spider,
That wriggled and jiggled and tickled inside her,
She swallowed the spider to catch the fly,
I don't know why she swallowed the fly,
I guess she'll die.
I know an old lady who swallowed a dog,
My, what a hog, to swallow a dog!
She swallowed the dog to catch the cat,
She swallowed the cat to catch the bird,
She swallowed the bird to catch the spider,
That wriggled and jiggled and tickled inside her,
She swallowed the spider to catch the fly,
I don't know why she swallowed the fly,
I guess she'll die.
I know an old lady who swallowed a goat,
Just opened her throat and swallowed a goat!
She swallowed the goat to catch the dog,
She swallowed the dog to catch the cat,
She swallowed the cat to catch the bird,
She swallowed the bird to catch the spider,
That wriggled and jiggled and tickled inside her,
She swallowed the spider to catch the fly,
I don't know why she swallowed the fly,
I guess she'll die.
I know an old lady who swallowed a cow,
I wonder how she swallowed a cow?!
She swallowed the cow to catch the goat,
She swallowed the goat to catch the dog,
She swallowed the dog to catch the cat,
She swallowed the cat to catch the bird,
She swallowed the bird to catch the spider,
That wriggled and jiggled and tickled inside her,
She swallowed the spider to catch the fly,
I don't know why she swallowed the fly,
I guess she'll die.
I know an old lady who swallowed a horse,
She's dead, of course!!
I hope the neighbors are equally suing the owners of the Rott for eating their pussy cat. In my mind, the Rott got what he deserved.
Sharon
Frivolous lawsuits. Are we to disclose that there are toxins in the air and bacteria in the water? What about the buyers due diligence? Curious to find out what was the outcome of the lawsuit.
When is disclosure too much? Should we disclose that the microwave emits rays? That the [insert tree name here] may cause allergies? Or that licking shingles may cause you to get sick? At some point it should fall on the buyer to become informed and use reasonable sense in their home. Unless the shrubs were being marketed as pet food, it seems to me that a reasonable person wouldn't assume it was okay for their dog to eat them.
Congrats on your position in the Top 10 of 2012!
ha, they are not shy with a number: 10 trillion dollars?!
I like that their lawyer is that confident in success:) or did they come up themselves with this number?
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