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03-06-2011, 08:40 PM | #1 |
No Longer a Member Join Date: Oct 2010 Location: Chicago, IL
Posts: 8
| Yorkie accidentally killed by neighbor. OK to ask for money? 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? |
Welcome Guest! | |
03-06-2011, 08:46 PM | #2 |
I ♥ my girls! Donating Member Join Date: Jul 2010 Location: With My Yorkies
Posts: 18,980
| I am not sure how to answer. But I do understand. In December last year, a driver hit one of my outside dogs. He is a big dog but still had some damage. I asked around about asking for reimbursement of the bills. It was about 50-50. Some say yes some say no. I understand your pain and know how badly you would like another yorkie. My Rosie is part of my family. So, I know how close you can get to them. At least she was nice enough to be honest and drive you to the vet. I wish I could give you more guidance. I am so sorry about Max. Good luck to you in finding your new addition. Maybe some other members can give you more advice.
__________________ Momma to three sweet Yorkie girls Rosie Marie, Mikki Leigh , and Lily Mae Grace! |
03-06-2011, 08:50 PM | #3 |
Donating YT 2000 Club Member Join Date: May 2008 Location: Los Angeles, California, USA
Posts: 12,693
| First of all, I am so very sorry for your loss. It must be heartbreaking to lose a friend, especially one that has gone such a positive transformation in your care. I understand how hard it is to get them to trust, as I have a shy one myself. As far as monetary compensation, I have no advice for you.
__________________ Littlest JakJak We miss you Kaji |
03-06-2011, 08:51 PM | #4 |
No Longer a Member Join Date: Oct 2010 Location: Chicago, IL
Posts: 8
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03-06-2011, 08:52 PM | #5 |
YT 2000 Club Member Join Date: Aug 2008 Location: Massachusetts/Florida
Posts: 2,614
| I just want to say i'm sorry for the pain you are going thru. May your little on rest in peace.
__________________ LD that's me and Pasquale "If at first you don't succeed, then skydiving is definitely not for you!" |
03-06-2011, 09:00 PM | #6 |
YT Addict Join Date: Jun 2009 Location: Mesa, Arizona
Posts: 313
| So Sorry for Your Loss I'm not so sure that you are really entitled to $$$ that is an amount great enough to buy a new Yorkie. Didn't you say your Yorkie was a rescue? I think you should get $$$ to cover the vet visit after your Yorkie was fatally injured. Can't really give you any advice, just hope your heart heals and you are able to remember the good year you had. I pray that with time, you forgot the incident at the elevator door. Peace be with you. Maybe you have room in your heart to rescue another Yorkie in need. Take care. |
03-06-2011, 09:53 PM | #7 |
♥ Love My Tibbe! ♥ Donating Member Join Date: Feb 2011 Location: D/FW, Texas
Posts: 22,140
| That poor little darling. After such a tragic and stunning loss of this tiny little rescue baby, I would still be going around in circles, trying to figure out how I was going to get through the next five minutes. This story is so upsetting I can't even think about how to answer with regard to money. I am speechless for your awful loss and can only mourn for you and this poor baby right now. I'll bet you must still be in total shock. Oh, Max, rest in peace, Little One. |
03-06-2011, 10:11 PM | #8 |
♥ Maximo and Teddy Donating Member Join Date: Jun 2009 Location: Northern Virginia
Posts: 25,041
| I am deeply sorry for your tragic loss. Rest in peace little Max. You would probably end up having to go to court and you would have to prove negligence. You would also be at a disadvantage because I am assuming that he was a rescue and that you did not pay full price for him. I also don't think you could/should include his breeding potential as part of his valuation because it would be dishonest. No one should breed a dog that was abused for the first 2 years of his life. Again, I am sorry for your loss. If it were me, I would be devastated, but I would understand that it was a tragic accident.
__________________ Kristin, Max and Teddy |
03-06-2011, 10:26 PM | #9 |
Donating YT 2000 Club Member Join Date: Oct 2006 Location: FL
Posts: 7,651
| If it was me and I had rescued a yorkie that had been abused for 2 years, I would just be very grateful for the opportunity to participate in his transformation and mourn his loss by ACCIDENT. If she had done something to intentionally harm your dog, it would be different. But it sound as if you lost control of your dog, she did too and it just resulted in a horrible accident. I think trying to ask for new puppy price at the high end for a replacement is out of bounds. If you do ask, then you should show receipts for what you paid the rescue. I really would NOT ask the woman for money. On the other hand, if I was this woman, I would probably at least offer some recompense. Sounds like it was a 50/50 responsibility situation. So, if you do ask, I would not ask for more than half of what you paid (not what top dogs are selling for as puppies). Also remember no one can really guarantee adult size unless they are selling an adult dog. That is usually a sales ploy. Some of the ones that advertise teacup/tiny/etc make sure to say size is not guaranteed in their actal sales contract that you normally don't see untill after you have picked a pup and laid down your $$$. I am very sorry for yor loss. That had to be horrible to see your own baby crushed like that.
__________________ FlDebra and her ABCs Annie, Ben, Candy Promoting Healthy Breeding to the AKC Yorkshire Terrier Standard |
03-06-2011, 10:46 PM | #10 |
No Longer a Member Join Date: Oct 2010 Location: Chicago, IL
Posts: 8
| 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. |
03-07-2011, 01:28 AM | #11 | ||
YT 1000 Club Member Join Date: Oct 2009 Location: ~CA~
Posts: 1,637
| Quote:
First of all, sorry for your loss! Didn't you say he's a rescue?? Why would you breed him? "Significant income potential"? That just sounds like you would breed him to make money. Why not rescue another yorkie in need? Quote:
__________________ Jen, Carmel Bo & Emma Lynn I knew nothing about love until I met my yorkies! | ||
03-07-2011, 02:53 AM | #12 | |
Between♥Suspensions Donating Member Join Date: Aug 2009 Location: Vaissades
Posts: 7,979
| I believe the answer is yes..."acceptable" didn't she offer to pay r already pay the vet bills since she admitted to it being her fault? Just seems the basic human decent thing to do...as far as accessing value and what not...I don't know what to tell you, technically Max is property and you are entitled to property damages...assuming a judge rules that the entire "incident" was solely her fault...then again if your dog was leashed and all you did was look away and her dog lunged on him and she and her dog fell on him I'm not sure how you could have prevented that...what a horrible situation to be in having to deal with such a loss and then having to access value...I'm so sorry! You don't have to replace him right away also, this might be a lot to deal with in the immediate at least seek legal advice to understand where in your local applicable laws this is covered and how long you have to work it out with the other person or take legal issue out of the situation. Quote:
__________________ Shan & 8 kids now! | |
03-07-2011, 03:21 AM | #13 |
Donating YT 500 Club Member Join Date: Mar 2010 Location: South Florida
Posts: 8,008
| I am so very sorry for your loss. I do understand your pain and I hope you can remember your little one's happy times the most. As for asking her to replace your puppy. ..Well it is a case of blame. I am sure she was very upset and feels horrible, but was it her fault or an accident? Did you have your pup on a leash? If her dog Attacked your pup it could be put down as a dangerous dog - has it attacked other dogs? Or.... again... was it just the bigger dog excited to play and caused an accident? I would think she should help if not pay for the vet bill, but to replace your dog in the manner you ask is a bit much. I also think you are getting bad info about replacement dogs. If you are looking on web sites for "Teacup" yorkies.. well that is not the proper place to look -- if a breeder is advertising t-cup they are not a quality breeder and are overcharging and maybe even dishonest! To try and replace a rescue with a show quality dog or overpriced fashion dog would be greedy on your part--you are asking for something different than you had in the eyes of the court. Also.. you would probably have to get a lawyer, maybe use small claims court, and it would cause a lot of expense for you and drama!! I am sure most young people don't have 2,000.00 extra cash and she would fight the case. That's my thoughts... of course a lot of emotions are in play now and we don't know all the details. I wish you peace with your loss and luck in getting a new puppy when you are ready.
__________________ Shinja mom to Remy lil Sis to Bailey and Sammy |
03-07-2011, 03:33 AM | #14 |
Luv my 7 Furkids Donating Member | Im sorry for your loss. Watching people's court I have to say, first if your dog wasnt leashed it makes you equally at fault, I agree with other posters you should be compensated for vet bills or at least half. Even if you were to sue for the cost of the dog, it wouldnt be what he could be worth, it would be what you paid for him. Court is supposed to make you whole. Again Im so sorry for your little guy, sounds like his poor life was a long one for 3 years. |
03-07-2011, 03:42 AM | #15 | |
Between♥Suspensions Donating Member Join Date: Aug 2009 Location: Vaissades
Posts: 7,979
| Quote:
__________________ Shan & 8 kids now! | |
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