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I'm not comfortable with looking at the dog as a commodity, but it's no different than a company knowingly selling a dangerous product. If someone gets hurt there will be a lawsuit, and legally I think criminal negligence might fit.
From the legal stand point of view, a dog in most if not all states is considered property. Unless there is a contract, wherein states what the seller would do for you if there is a problem with the dog (I.e. sick, behavior issue), you are adopting/buying the dog at your own risk. It is extremely difficult, if not impossible, to obtain proof stating, not assuming, but clearly show that the seller must have known that the dog was aggressive and unsafe to adopt out to anyone. Proof like animal control report declaring it was aggressive prior to purchase, a written assessment by a certified behaviorist recommending the dog should be rehabilitated or not adopt out to any inexperienced owners, affidavits of witnesses like neighbors who knew the dog and had seen or hurt by the dog, etc. Without anything in writing, from the seller or anyone who can testify that this dog is a danger or had aggression issues, you are buying this animal as is. A brief conversation or comment by the seller is not enough - it becomes a he say she say fight.
Sure, people can still sue the seller without proof or contract. However, sellers who already hid this fact from you will try to hide more. Paying the filing fees, the process server, an investigator if you can't find the guy to serve him for court, then taking time off to go to the hearing, hire an attorney, and facing the prospect of losing because you have no proof that he misrepresented the sale, is in my opinion, not worth it. It is also the buyer responsiblity to inspect the dog before finalizing any sale. The seller can lie under oath and said the dog was fine until you made him aggressive.
Think of it as buying a used chair from craigslist. How do you explain to the judge that the seller must have prior knowledge that the chair was broken after you bought it?
This, of course, do not pertain to rescue or shelters, as they are a corporation and they know they are more at risk to being sued should they act this reckless.
Anyone can sue anyone for anything. If you are willing to take the chance....
On the moral side of this issue- YES you have to tell that a dog is aggressive or has bitten. What if that dog maims a child? What if that dog seriously injures someone?
If you have an aggressive dog, who has bitten people, it is your moral obligation to do the right thing. No if, ands or buts about it.
Seen it on Judge Judy, they can sue you. But that aside, you morally have an obligation to tell them. How will you feel later if you find out that dog mauled a child?
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OP, the responsible thing is to have the dog evaluated by a certified dog trainer. Some aggressive behaviors can be untaught over time. Others cannot. It would be better to put the dog down now if it has an uncorrectable problem. If the behavior can be modified, the new owner needs to know that upfront: that training is expensive and time consuming!
Here is a picture of my friend just hours after the dog attacked her. It was taken right after Animal Control took the dog.
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