What are my chances and rights in the event of a conflict with the breeder about an operation on our dog?

Questioner

In December 2019 we became the owners of a Rhodesian ridgeback named Kaya We bought Kaya from a breeder. In October 2020, Kaya became very ill and was diagnosed with Dermoid Sinus. Before Kaya came to us as a puppy, she had already undergone surgery for Dermoid Sinus. The breeder reported this and assured us that she would not experience any further problems from it. On the advice of the breeder, we had her treated by a specialist veterinarian and she is now better again. This veterinarian has determined that the Dermoid Sinus was not sufficiently removed at the time and is now the cause of the problems. In the meantime, the vet bills have increased considerably (€2300) and we have contacted the breeder about possible compensation. She has asked us for copies to forward to the vet who treated Kaya as a puppy, so that he can recover it from his insurance. We have forwarded all invoices and specifications from the vet, which also state the cause, to the breeder. I have called the breeder several times to ask about the status of this matter and each time I am told that it is in the hands of the insurance company, but they are not that fast. I sent the breeder an email asking her again to take her responsibility as a breeder and put some pressure on the matter. She was not happy with this email and we just have to be patient, otherwise we will have to contact the vet ourselves. I have done that in the meantime, but I don't really think it's fair because I have an agreement with her and not with that vet. I would like to hear from you what rights and chances we have to end this case.

Lawyer

Regarding the extent of the damage, I can tell you that it is never more than the current value of a comparable healthy dog. If there is a breeding ban via the purchase contract, the dog is legally worth less. This sounds harsh, but that is how it works with compensating the damage if an animal appears to be defective. I suspect that the insurer will also come up with a similar argument, or reject it altogether; if in doubt, please contact me because the saleswoman is indeed your first point of contact.