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

[Ashley V]

I'm very sorry for the loss of your dog. I know what it's like to have a "special needs" pup in a sense that they need extra TLC and to watch that transformation of emotional growth is a special sort of bond that you can't replace. I would be heartbroken if I lost my Smokey after all we've been through.

As for asking for money, I would possibly ask for the cost of the vet visit and I would think that is all you would be legally entitled to. You didn't pay much, if anything for him, and as for "income potential as a breeder"... I have no words for that. Unless he was purchased for the intention of breeding and with excellent lines and was tested, etc. etc. I don't think you have grounds for that. It sounds like you are trying to get a free puppy from a person who probably already feels awful. Like I said, the cost of the vet visit is reasonable, but to ask for a couple grand for a new puppy, seems unreasonable, especially when your dog is considered a rescue. If something, God forbid, happened to Smokey, I would not be asking for a couple grand to buy a new puppy, when he was "rescued" (not from a rescue facility) and I paid nothing for him. Instead, maybe ask for money for the vet visit and consider rescuing a yorkie in need with the money in Max's honor.

[Tayluvheryorkie]

Sorry about you dog...

I feel it is a 50/50. But only for half the vet bills. or half the amount to get to make you "whole" which is another rescue dog.

Yes her dog was not on a leash, But you did not have control of yours. Your said he went towards the elevator. If you called him back would this had happened? who knows? But this was an accident. And some thing you cannot put a price tag on.
If it were me I would just let it go.

[backwardsrain]

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.

I agree with you that you should separate emotion from finances in this situation. Most people seem to be coming down on the side of "you shouldn't expect your Yorkie to be worth money, because only greeders do that" but I disagree. As much as you love your Yorkie, they are worth quite a bit of money, and I'm sure you had put quite a bit of money and effort into raising him. And despite the fact that you apparently got him for free or cheap due to his background, when someone damages or destroys your property, you should get back the money it takes to replace that item. Otherwise, anyone could destroy any item of yours that you received as a gift without any consequences, which is obviously not right.

Someone with a large, aggressive dog has a responsibility to prevent it from attacking other people's dogs. But you would likely have to sue in small claims court to get any money.

[chachi]

You should ask the price you paid for the dog not what a new pup would cost because that wasnt what you had

[YorkieRose]

A judge will not make you MORE then whole. You are entitled to the vet fees..but since the dog was free, you will not get replacement cost...because there was no cost to you.
You will not be compensated for future stud fees...sometimes a vet will base compensation on past monies earned by the stud..but if he was never used..you have no case...there is no way to prove he would breed and produce..for all the judge knows, the Yorkie could be sterile. Even that is dicey as a much used stud can die and produce no more potential income.

[Maximo]

Originally Posted by backwardsrain

I agree with you that you should separate emotion from finances in this situation. Most people seem to be coming down on the side of "you shouldn't expect your Yorkie to be worth money, because only greeders do that" but I disagree. As much as you love your Yorkie, they are worth quite a bit of money, and I'm sure you had put quite a bit of money and effort into raising him. And despite the fact that you apparently got him for free or cheap due to his background, when someone damages or destroys your property, you should get back the money it takes to replace that item. Otherwise, anyone could destroy any item of yours that you received as a gift without any consequences, which is obviously not right.

Someone with a large, aggressive dog has a responsibility to prevent it from attacking other people's dogs. But you would likely have to sue in small claims court to get any money.

I disagree that anyone has taken that position on this thread. Many people, including myself, have balked at the value of breeding potential for several different reasons. First, because an abused or neglected dog should not be bred. Second, the dog was CKC. If the dog were assessed for monetary value, the registration, bloodlines, age, background, championship or lack thereof, and purchase/acquisition price would be taken into consideration. On that basis, the dog would not be deemed to be worth that much.

The issue of value comes up often when people rehome pets and want compensation. I always take the position that pets are not an investment; vet care and food and love are not investments.

[Rhetts_mama]

Originally Posted by backwardsrain

I agree with you that you should separate emotion from finances in this situation. Most people seem to be coming down on the side of "you shouldn't expect your Yorkie to be worth money, because only greeders do that" but I disagree. As much as you love your Yorkie, they are worth quite a bit of money, and I'm sure you had put quite a bit of money and effort into raising him. And despite the fact that you apparently got him for free or cheap due to his background, when someone damages or destroys your property, you should get back the money it takes to replace that item. Otherwise, anyone could destroy any item of yours that you received as a gift without any consequences, which is obviously not right.

Someone with a large, aggressive dog has a responsibility to prevent it from attacking other people's dogs. But you would likely have to sue in small claims court to get any money.

I don't think anyone is discounting the emotional attachment to the dog. But realistically, in most jurisdictions, a dog is considered just "property".

To make an analogy, if someone totaled your 2008 Hyundai, you couldn't go in to court and demand a brand new one. Nor could you say that you were so attached to that car that you deserve to be compensated at the level of a new Mercedes because you intended to keep that car so it one day might be considered a classic and be worth more money.

In this case, I really do believe a judge would award vet bills and the cost of replacing with another rescued dog of the same age. Most small claims courts can not award punitive damages.

[kjcmsw]

Originally Posted by jaypain

Last week, my 2 dogs and I went to the elevator to go on our morning walk. My 10 yr. old dog, Poochi, began to poop in front of the elevator (I usually carry him out) and while I was picking his poop up, the elevator doors opened. My other dog, Max, went towards the open elevator doors and the person who was inside the elevator lost control of her large dog (who lunged towards Max) and ended up on the floor, holding her dog, trying to control him. The impact of the large dog and his owner trampling Max killed him. He died as soon as I touched him to try to soothe him. The owner of the large dog drove me to the animal hospital, where the vet told me the impact caused internal injuries that killed him. He was a 3 yr. old teacup yorkie who had been abused for the first 2 years of his life and I miss him dearly. In the little time we were together, he gained 2 lbs and underwent a complete personality transformation, no longer fearful of people petting him.

While driving back to the apartment building, the dog owner confessed she had trampled Max.

I would like to add another yorkshire terrier to my family next month.

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.

My 10 yr. old dog weighs 4 lbs and has arthritis, so the size of a new dog has to be taken into account. I am not looking for another yorkie to replace Max, but because I like having the yorkie personalities, having a young dog at home and the thought of Poochi having a playmate during the day. Yorkshire Terriers of the same age and weight as Max are over $1,000 and puppies range from $800-900.

Would it be acceptable to ask the owner of the large dog who caused Max's death for damages money?

Absolutely not okay to ask for money. This was clearly an accident. This person did not deliberately set out to contribute to your dog's death. They actually tried to prevent it (albeit without the intended outcome) You have an equal responsibility to have been holding him not knowing what was behind the elevator doors. Even if there hadn't been a dog there, the elevator doors could have shut on him.
This person went out of their way, drove you to the animal clinic...clearly they feel bad enough, why try take advantage of the situation? I think that's terrible.

[Tcarnagie]

Since I have been in a situation where my dog was killed by another dog I know exactly how you feel and where you are coming from. In my case, my 3 year old Teddy was let out in MY FENCED BACKYARD. Little did I know that my neighbors German Shepard was also back there and needless to say, Teddy took off after him. The other dog ran and stepped on Teddy killing him instantly. I called the police and animal control and both came out. I was told by them that she would be responsible for replacing my dog since her dog was clearly at fault. Both contacted the owner of the dog and she was at work but immediately came home. Teddy was AKC registered with champions in his 4 year pedigree so he was worth some money. The loss was very hard on us and I was mad beyond words. I initially wanted that dog PTS....that is how mad I was. However after a few hours to absorb everything I felt it was only fair to "let it go" since it was just an accident. The dog did not "rip" my dog to shreds...it had no intentions of hurting him....most likely just wanted to play and did not see the size difference or the danger. The owner of the German Shepard did come over later than evening to apologize and I told her it was alright. She was in tears and so was I but I knew it was just an accident. I told her to fix her fence so he doesn't get out again and to just love her dog that he probably didn't know what was going on.

In your case there are faults on your part just like there were in mine...I did not check my yard before letting my dog out. Yours was that your dog may have been on a leash but you did not have control of the dog which allowed it to go toward the elevator.

"while I was picking his poop up, the elevator doors opened. My other dog, Max, went towards the open elevator doors and the person who was inside the elevator lost control of her large dog (who lunged towards Max) and ended up on the floor, holding her dog, trying to control him. The impact of the large dog and his owner trampling Max killed him."

Yes, the owner of the other dog is at fault too for not having her dog in her control so I see it as a 50/50 split for who is responsible.

As far as money goes...you can have them pay for half of the vet bill if there is one and she may be required to reimburse you for half of what you paid for the dog which if you got it for free is nothing. But as far as potential earnings from the dog you will not get that. I am so sorry that you had to go through this and have to live with the memory of what happened. It is not easy for forget that day and will stay with you for many years. But in time it will get easier.

[chattiesmom]

I am very sorry for your loss. I know the feeling of losing a dear little one.

It sounds like a tragic accident to me - with all parties involved at fault. As far as asking her for compensation - unless she voluntarily agrees to pay a portion of the vet bills, etc., then you would have to go to small claims court. Honestly, anyone can sue anyone for anything, whether it be a real claim or a false one. You would commit purgery if you claimed the purchase price shown on the receipt unless you paid that amount for Max. Because you have not earned any $$ for studding Max out, you are not entitled to any "lost income" for stud fees.

I agree with others who suggest that you grieve for the loss of Max and when the time is right, look for a new little one.

[LDMomma]

I'm very sorry for your loss of Max.

I think it would be okay to ask that the other party pay for that days veterinary bills.

It would be unethical to collect the amount that the first owner paid for the dog. You should only be able to collect what YOU paid to acquire the dog (if anything).

While the dog shouldn't be bred, being CKC doesn't diminish his value. People will pay a ton of money for a dog that is CKC measured. All that matters is what the market would pay, not what you think about the registry(justified).

[gemy]

I look at this situation as an unfortunate accident. With both parties at fault. First neither party had their dog under control. As a matter of fact it was the woman "crushing" this dog, that was probably the fatal injury. (see your quote: While driving back to the apartment building, the dog owner confessed she had trampled Max.")

In terms of financial recompense for your rescued animal. Well let's see above and beyond what it cost the owner in time and mileage to drive you there and back from the vet's. And perhaps the cost of that vet visit, a rescued animal if free to you, would have little value in the eyes of the law. I presume you are not a breeder, your dog is not a champion, has not been used as a sire before, so I'm not sure where you think that you "deserve" any money for "lost" breeding revenue, which you have never earned.

What I am interested in knowing is what have you learnt from this situation? How do you try to insure that doesnt happen again? For example; in potentially busy situations, I will either put my dog on a very short lead while I pick up poop, or pick him up altogether. Instill good habits to safeguard your pets is a good axiom.

[Rhetts_mama]

Strange. The OP is no longer a member.

[chachi]

Originally Posted by Rhetts_mama

Strange. The OP is no longer a member.

He or she must not have liked the responses

[yorkietalkjilly]

I know people grieve differently but the original post was just............................