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Originally Posted by Cha Cha  It is entirely possible that this accident would have happened even if the other dog was on a leash. We're talking about a smal space of an elevator. We all know how quick the little Yorkies are, and how they can move in between our legs when they are excited. "Maybe" it's possible the Yorkie actually caused the lady to lose her balance in trying to avoid it. No one really knows since we were not there. Also, just because your Yorkie was on a leash, it was not under your control either, so I would see that as unleashed too. We don't really know who was the agressor, since you admitted he went into an open elevator and was not under your control when he did so. I guess I don't see where one person is at blame here. It is very unfortunate and I feel so badly for your loss. It could be argued as a case of your word against hers. This is just another theory to consider. It is a very unfortunate accident.
Something else to consider, even if you were to proceed with this legally, this thread would/could become part of the proceedings. |
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Originally Posted by Rhetts_mama First, I am sorry for the loss of your dog. No matter what the circumstances, it's never easy. 
I would like to add that the replacement cost would most likely be assessed at what is the value of a 3 year old dog, and not a puppy. That would be considerably less than the values you listed.
Also, it would be highly unlikely that you would be compensated for the loss of potential income through studding (which is less than you are imagining even with a great dog). You would have to be able to show that you had been making serious plans to breed him by having had his knees and hips certified, all health testing done etc. Vague "I want to breed him at some point" plans won't cut it. |
These two posts are my thoughts too. This was not a case of a vicious dog attacking a small dog. It really sounds like the OP was cleaning up poop, did not notice her dog going towards the elevator as another dog came up so
she did not have control. The other dog's owner tried to avert a problem and in the panic, she trampled the poor yorkie. For the yorkie to have gotten into the elevator and under the other lady and dog, it definately was not being controlled by the OP. So, the larger dog being leashed or not (which was not mentioned in original post) was really not at issue. The same scenario would have ensued even if he had been leashed. An accident like this should not be blamed on the lady who accidently trampled the yorkie while trying to keep the dogs apart.
I think if the OP goes to court, this other woman might countersue if SHE was injured in the horrible accident. Afterall -- this would not have happened if the little yorkie had been under complete control to begin with. Accidents do happen. We all let our guard down just a little at times and things like this can happen. I would hate to see neighbors go to court over this. The tragedy has already happened, why make it worse? I think our society has gotten sue-crazy. We all need to accept our own responsibility in any incident.
IF by some miracle (and you never know what will happen in court -- not always by the letter of the law or fair) the court decided the lady had to pay replacement cost for a 3 year old male CKC registered dog, the price would be nominal. I am not clear whether the dog was ever registered to the OP as she said the dog was just dropped off at her mother's. If not she might have a time even proving the dog was her "property." I have seen older male CKC yorkies being sold for $200 and occasionally
given away for free as this one was, so I doubt there would be much money awarded in the best case scenario for the OP. I too, hope she really would not have considered breeding this little guy, since hs history is dubious at best. It just seems
wrong to me to try to
profit to the point of $1500-$2500 + "breeding potential" when she got the dog for free to begin, it was NEVER worth $1500-$2500 market value (heart value they are priceless!), was not a breeding prospect, and she shared in the responsibility of this accident.
I have no problem holding people accountable if they are truly at fault. If a dangerous dog is on the loose and harms a fenced, leashed, or controlled yorkie, I would support all measures to make the dangerous dog owner pay. But this seems like a shared liability at best. I think sharing the "vet costs only" would be a nice resolution to a horrible ordeal that
no amount of money would ever erase from my mind. I tuck stories like this in my brain files, to remember to be even more vigilant than seems necessary, because our precious babies are so fragile. I just feel so sorry for this pup. First enduring an abusive first 2 years of life and then meeting such disaster.
May he RIP!