Reptile & Amphibian Forums

can a dealer get in trouble legally for a snakebite from a "fake venomoid" snake that they had sold? just wondering.

Just a gut response here, but if someone can sue MacD's after spilling hot coffee on themselves, or sue another fast food chain because their kid is overweight, or if any of those other ridiculous lawsuits out there can make it to trial, then yes, it's certainly possible that a bite from a venomoid will get the seller in trouble. Even if it wasn't a venomoid, and the victim knew they were taking in with a venomous and potentially lethal snake, I wouldn't put it past someone to take the seller to court. ("You sold me this poisonous snake and it bit me! I'm gonna sue..."

As for how the courts would deal with the case, that depends on the details. If there is evidence that the seller declared the snake a venomoid, and the buyer subsequently was envenomated, that sounds like trouble for the seller to me. But I really don't know; I'm not a lawyer. I just suspect that it easily could be dragged into court no matter what the details are, and as far as I'm concerned, that's trouble no matter what the outcome is.
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MichaelB

Yes....If the seller knew it was fake, for sure. If he sold it as a venomoid, and he didn't know it wasn't, then he was still liable, but the degree of liabilty could be transfered to the party that represented it to him as a venomoid. Either way, the seller is liable.