Yorkie accidentally killed by neighbor. OK to ask for money?

[babbsiam44]

I am deeply sorry for your loss!
You stated that your little one was abused the first 2 years of life. Did you get him from a rescue or someone else? I was under the impression that rescues spayed/neutered. I could be wrong.
Also, if you live in an apartment that allows pets are there any clauses in your contract that covers this kind of tragedy.
I agree with what the other posters are saying about a full refund to replace...you shouldn't go that avenue, unless the contract states differently.
I wish you the best and again, I am so sorry.

[TxVicki]

Originally Posted by jaypain

Max was a CKC registered dog and weighed 3 lbs as a 3 yr. old. While researching yorkies in the midwest area, I noticed dogs his age, weight and color range from $1,500-2,500 in price. I know this is because the buyer is guaranteed a small dog. I am not interested that, but it brings up the financial loss standpoint. Objectively, Max was not only a beloved family member, he was worth a lot of money and had significant future income potential as a breeder.
?

I'm very sorry for the loss of your Max. BUT the above quoted from you, just makes me a little bit upset. IF this Yorkie was a rescue WHY would you state that he had a significant future INCOME AS A POTENTIAL BREEDER!!!
Shame on you for possibly even thinking this about a rescue dog.

[Rachael1983]

I think this was an unfortunate event and there seems to be fault on both parties. It seems that your neighbor is remorseful. I would not want you to take advantage of this persons remorse by asking for the price of another puppy. You mentioned that your pup was a rescue and that it had significant income potential as a breeder. This sounds like youre looking for money. It may not be intended but that's how it reads. As the neighbor it seems decent that they took you to the vet and that they are willing to reimburse you for 1/2 of the vet bills seems fair. I do not feel that she is obligated to pay you full vet fees because the incident is your fault also since you lost control of your dog just as she did.

[Lil Sis]

Just reading the thread again... the op had her dog on a leash and the larger dog that lunged and landed on her yorkie was NOT on a leash.
That does put a little different "spin".. I think the owner of the big dog should pay all of the vet bill... and maybe some consideration toward a new pup. The owner for the big dog should get "ticketed" and "fined" for not having her dog on a leash... or at least that would happen in Florida


BUT... I don't think the "potental" income and high end t-cup yorkie would be the way to go. OP you did not pay for the pup.. it was a gift correct? I don't think you are going to get money for the pup..

I am so sorry.. this has to be hard for you.

[concretegurl]

Did I miss something? I saw the OP didn't get a rescue dog but a stud and that the dog was considered a rescue due to the treatment by the previous owner...hmmmmm hope he was of breeding quality since studding was the intent with him...isn't 2 years too young to tell? Hope genetic and health testing along with certifications would have been done...

Also the larger dog wasn't leashed and that the OP was simply picking up their her dog and Max wondering in front of the elevator-maybe a foot away maybe 10-who knows none of us but the OP was there...I'd hope they weren't trying to profit off this...

I feel I should add if I was in a situation where my dog was leashed I bent over to pick up another one of my dogs and another dog and person fell on my dog...let alone killed my dog...I'd not only be devastated and livid, I'd expect that person to be fully responsible for their actions...I would be for mine. It does bother me that the amount is so pointed out...but many times we attach monetary compensation to the amount that warrants our distress over things, but dogs are considered property under the law and there is always a value assigned to property...this seems to be a situation that if the OP had no fault in it they are entitled legally to compensation. Reasonable compensation for the cost of their lost dog (how do we put a value on our pets that makes me so sad to even say,but they are property with a value) and the full cost of the vet bills...as long as they weren't responsible for the incident as well...

[BlondeLocks]

I'm sorry for your loss.

[Rachael1983]

Originally Posted by Lil Sis

Just reading the thread again... the op had her dog on a leash and the larger dog that lunged and landed on her yorkie was NOT on a leash.
That does put a little different "spin".. I think the owner of the big dog should pay all of the vet bill... and maybe some consideration toward a new pup. The owner for the big dog should get "ticketed" and "fined" for not having her dog on a leash... or at least that would happen in Florida


BUT... I don't think the "potental" income and high end t-cup yorkie would be the way to go. OP you did not pay for the pup.. it was a gift correct? I don't think you are going to get money for the pup..

I am so sorry.. this has to be hard for you.

I read the post multiple times and I don't see where she specifically mentioned that the neighbor didn't have her dog on a leash. What I understood is that the neighbor was holding her dog trying to control it and in her trying to, she fell on the floor trampling the yorkie.

[concretegurl]

OP stated unleashed twice in this quote on page 1..of 2 pages so far... I changed their text to point it out...I often miss posts in a thread and make comments only later to realize what I missed too... Also I wouldn't wear a Marc Jacobs (not my fav) bag...or consider CKC a valid registration unless the C stood for Canadian not Continental...but that's all stuff about me not the topic. I'm also a small female and have no issue with controlling a well trained dog at 110 pounds who plays well with my Yorkies

Originally Posted by jaypain

Hi,

Thank you all for your responses. To clarify, though Max was abused, I did not obtain him at a rescue shelter. His previous owner (the abuser) bought him from a breeder and knows my mother. She showed up at my mother's home with him because she could not handle him (I guess when you starve a dog he becomes difficult). She dropped him off with her receipt and his registration papers.

Also, I only referred to yorkie prices as a reference point to show what he is worth.

As for a negligence case, Max was leashed and the big dog was not. Personally, an unleashed 50 lb dog owned by a small female measured against a friendly, leashed dog outweighs whatever negligence, if any, was on my end.

And as for my claim that he was a monetary asset, think about this: If someone threw up on your Marc Jacobs bag and ruined it, you would expect the guilty party to offer some type of reimbursement for the item. And no one would claim you were negligent for leaving your bag near the person who threw up on it either.

Just a thought.

please note I do not think of my dogs in the same way I do handbags and shoes. in this instance, it makes it easier to think about without emotions clouding your reasoning.

[boopster]

First, I'm sorry about your loss. It had to bre horrifying.

If I was asked to judge your case, I don't think I could place too much blame on the other dog owner. Although you dog was leashed, it sound as if you did not have control of your dog and it approached the other dog.

But even if she was 100 percent at fault, the monetary value of the dog would be a problem. I would say the value as a stud would be zero - you said it was CKC registered. If AKC, perhaps he might have had value in that regard, but probably not so much since he is not a champion.

I think thet if I was in your shoes, I would be looking for a Yorkie from a local rescue organization. And, again, I'm so sorry about the horrible accident.

[Ringo1]

Well, where I'm from - any compensation would be for the value of the dog that was killed; at the time of his death - including any vet bills that were incurred prior to the death. You would be required to show some kind of financial proof of what you paid for him and somehow;his 'property value' would have to be proven and calculated. You would not be compensated for a 'new ' dog.

If your dog was on a leash and the other was not; the points are in your favor.

I second everyone's opinion about the potential breeding of a previously starved, rescue dog. Not a good idea.

[Maximo]

Originally Posted by jaypain

Hi,

Thank you all for your responses. To clarify, though Max was abused, I did not obtain him at a rescue shelter. His previous owner (the abuser) bought him from a breeder and knows my mother. She showed up at my mother's home with him because she could not handle him (I guess when you starve a dog he becomes difficult). She dropped him off with her receipt and his registration papers.

Also, I only referred to yorkie prices as a reference point to show what he is worth.

As for a negligence case, Max was leashed and the big dog was not. Personally, an unleashed 50 lb dog owned by a small female measured against a friendly, leashed dog outweighs whatever negligence, if any, was on my end.

And as for my claim that he was a monetary asset, think about this: If someone threw up on your Marc Jacobs bag and ruined it, you would expect the guilty party to offer some type of reimbursement for the item. And no one would claim you were negligent for leaving your bag near the person who threw up on it either.

Just a thought.

please note I do not think of my dogs in the same way I do handbags and shoes. in this instance, it makes it easier to think about without emotions clouding your reasoning.

If her dog was unleashed, then I would think she was negligent. Not sure how that works in a building, legally speaking. I know that in towns with leash laws, a dog may be unleashed in an open yard. If the unleashed dog leaves the yard at any time, the owner is in violation.

In my opinion, she owes you the cost of the vet bills. If you were to go to court for more, you may be forced to take into consideration that you were in a building where you know other dogs could be in the elevator. How much leash did little Max have and how far from you was he when he went to the elevator doors. These are the tough questions that you will likely be asked.

Any abused or neglected dog, no matter how the dog was obtained, should not be used to breed.

[DvlshAngel985]

Originally Posted by boopster

First, I'm sorry about your loss. It had to bre horrifying.

If I was asked to judge your case, I don't think I could place too much blame on the other dog owner. Although you dog was leashed, it sound as if you did not have control of your dog and it approached the other dog.

But even if she was 100 percent at fault, the monetary value of the dog would be a problem. I would say the value as a stud would be zero - you said it was CKC registered. If AKC, perhaps he might have had value in that regard, but probably not so much since he is not a champion.

I think thet if I was in your shoes, I would be looking for a Yorkie from a local rescue organization. And, again, I'm so sorry about the horrible accident.

I completely agree with his statement. I honestly think you're hurt and in pain and your judgement might be clouded. While we feel for you, we are not going through the same emotions you are. What you originally posted about his monetary value sounds too much. Since we are not blinded by the feelings you are experiencing, we might be able to see your situation a bit more clearly.

With all the details you put out there, the monetary value you are asking for seems too much. Boopster broke it down very well.

[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.

[KazzyK810]

OP stated her dog was leashed & the other dog was not.

The other dog owner was clearly negligent for not having her dog leashed in a public venue & should therefore be liable for all vet bills & reasonable replacement cost of yorkie. Unless you can strongly show the yorkies lines, dna tests, etc. that would lead you to believe your dog was breed quality, it is highly unlikely a court would assess damages for potential offspring. While a few well bred dogs go for thousands of dollars, a few thousand dogs are given away "free to good home".

I'm so sorry for your loss. I can't imagine what it was like to watch your pup die in such a way. Give you other pup plenty of hugs, as I'm sure he's missing his friend too.

[Rhetts_mama]

First, I am sorry for the loss of your dog. No matter what the circumstances, it's never easy.

Originally Posted by KazzyK810

OP stated her dog was leashed & the other dog was not.

The other dog owner was clearly negligent for not having her dog leashed in a public venue & should therefore be liable for all vet bills & reasonable replacement cost of yorkie. Unless you can strongly show the yorkies lines, dna tests, etc. that would lead you to believe your dog was breed quality, it is highly unlikely a court would assess damages for potential offspring. While a few well bred dogs go for thousands of dollars, a few thousand dogs are given away "free to good home".

I'm so sorry for your loss. I can't imagine what it was like to watch your pup die in such a way. Give you other pup plenty of hugs, as I'm sure he's missing his friend too.

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.