What are my options?

[slilly8]

What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state? Michigan

There was an incident involving our dog and another dog. Theirs was outside with some children and our escaped out the door when one of our children opened it. Short cut to a sad event, our dog thought it was a play toy and picked it up and shook it like a stuffed animal and the other dog died.

We feel horrible and there is really not a lot we can do to make up for it in the since that it is like a child and unreplacable. We did however apologize profusely and offered that when they were ready to have another dog (it was a purebread special type of dog) that we would be more than happy to buy it for them. This was agreed to as fine. (This breed runs approximately $300/$350) Specifically, we know someone that breeds this type of dog and without discount, this is what we would pay. We've already requested a pup to be reserved from the next litter.

Today we received a call from them saying that they are moving out of state and that they want the money - $1500!!!!!!!!!

We've offered to replace the exact same breed but because the woman spent $1500 on this one, that is what she wants. She claims to have documentation to show she paid that much.

I know we can't give her back her dog and we can't make up for the loss of a pet, but $1500! This seems fishy - like right when they need to money to move.

Any advice?

 

[I AM ALWAYS LIABLE]

What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state? Michigan

There was an incident involving our dog and another dog. Theirs was outside with some children and our escaped out the door when one of our children opened it. Short cut to a sad event, our dog thought it was a play toy and picked it up and shook it like a stuffed animal and the other dog died.

We feel horrible and there is really not a lot we can do to make up for it in the since that it is like a child and unreplacable. We did however apologize profusely and offered that when they were ready to have another dog (it was a purebread special type of dog) that we would be more than happy to buy it for them. This was agreed to as fine. (This breed runs approximately $300/$350) Specifically, we know someone that breeds this type of dog and without discount, this is what we would pay. We've already requested a pup to be reserved from the next litter.

Today we received a call from them saying that they are moving out of state and that they want the money - $1500!!!!!!!!!

We've offered to replace the exact same breed but because the woman spent $1500 on this one, that is what she wants. She claims to have documentation to show she paid that much.

I know we can't give her back her dog and we can't make up for the loss of a pet, but $1500! This seems fishy - like right when they need to money to move.

Any advice?

My response:

I have no idea what you mean by "the woman spent $1500 on this one." Is that what she paid initially for the dog? Is that what she paid for the dog since it's birth? Is the dog "show quality" or "pet quality"?

Let her take you to court so she can prove her damages. She's only entitled to the fair market value of that breed of dog, and quality, at the time of it's death.

IAAL

 

[slilly8]

My response:

I have no idea what you mean by "the woman spent $1500 on this one." Is that what she paid initially for the dog? Is that what she paid for the dog since it's birth? Is the dog "show quality" or "pet quality"?
IAAL

Thank you for your response IAAL. I apologize for not being mroe clear in my statement. She is claiming that she purchased the dog for $1500. Furthermore, she is claiming the dog is show quality (although they didn't show the dog) and that it is a "rare" breed of it's species. I am inclined to ask for AKC papers that show this along with vet records and the purchase receipt.

We are of the opinion that it would be like you suggested, "fair market value" but that doesn't mean that our opinion is legally correct. This is why I am seeking advice.

We are inclined to just say "no" to their request and restate our offer of purchasing the same breed that she lost with her being able to select which pup from the litter.

 

[I AM ALWAYS LIABLE]

Thank you for your response IAAL. I apologize for not being mroe clear in my statement. She is claiming that she purchased the dog for $1500. Furthermore, she is claiming the dog is show quality (although they didn't show the dog) and that it is a "rare" breed of it's species. I am inclined to ask for AKC papers that show this along with vet records and the purchase receipt.

We are of the opinion that it would be like you suggested, "fair market value" but that doesn't mean that our opinion is legally correct. This is why I am seeking advice.

We are inclined to just say "no" to their request and restate our offer of purchasing the same breed that she lost with her being able to select which pup from the litter.

My response:

Why do you INSIST on getting into a "spitting match" with her?

You made yourself clear with your offer and she has now rejected your offer by making a counteroffer. Let her sue you! Let her PROVE her damages to a judge.

This is real simple. It's not Rocket Science. And, for God's sake - - it's just a Small Claims court matter, not a U.S. Supreme Court issue! In other words, it's not a big deal. Just let her sue you.

IAAL