What is the name of your state (only U.S. law)? New York State
A few weeks ago me and my roommate were scheduled to have a new refrigerator installed. I have a dog (a toy poodle) which my land lord knows about. I scheduled an appointment for 4:30PM so me or my roommate could be home to keep my dog out of everyones way (she likes to run up and say hello to people). On the day of the installation i was running 10 minutes late, at 4:00PM I texted my landlord telling him to wait for me. He said he had already let himself in because my roommate called him earlier in the day and told him that he would be home between 2:30PM and 5PM and the installation was almost complete. My roommate wasn't home, but my landlord let himself in anyway. I asked him if my dog was any trouble, he said she ran into my room as soon as him and the delivery men entered my apartment. By the time i got home the landlord had already left (i don't know how long it takes to install a refrigerator but it would seem like he let himself in way earlier then he said he did) and my dog was nowhere to be found. After i called her name a few times she finally limped out from under my bed, he front paw was bleeding and she looked terrified. Upon closer inspection, i realized, to my horror, that her paw was broken. I rushed her to an emergency vet clinic. The final bill came to $5000. The vet said there was no way the injury could have been self inflicted and blunt force was the cause of the injury. I called my landlord and asked him what had happened. He said that when he came in to my apartment the dog ran into my room and he heard a loud yelp. After I told him about the broken paw and the $5000 bill, he said he was sorry and he would cover some of the cost but he could not afford to cover the full $5000 (he hasn't made an offer but it will probably be less then half). He also said that because my roommate told him he that he would be home between 2:30 and 5:00PM that this basically gave him permission to let himself in between those hours. Even though the whole point of having me or my roommate in the apartment during the installation was to make sure my dog was ok. Now my question is, though i wasn't home when this happened, and i cant outright prove that he injured my dog (though my dog has never injured herself before), and though my roommate told him he'd be home and wasn't, can i still take him to small claims court to recover my losses? Was he in his right to enter my apartment without my permission because he assumed someone would be home before the agreed upon time? What are my options here? I really don't have the kind of money to loose even a $1000 let alone $5000. This whole thing has left me nearly broke. Should I take what he's offering? Or does it make sense to take him to court to recover what i lost? And what are my chances of winning this if I do go to court? Thanks in advance to anyone who replies.
A few weeks ago me and my roommate were scheduled to have a new refrigerator installed. I have a dog (a toy poodle) which my land lord knows about. I scheduled an appointment for 4:30PM so me or my roommate could be home to keep my dog out of everyones way (she likes to run up and say hello to people). On the day of the installation i was running 10 minutes late, at 4:00PM I texted my landlord telling him to wait for me. He said he had already let himself in because my roommate called him earlier in the day and told him that he would be home between 2:30PM and 5PM and the installation was almost complete. My roommate wasn't home, but my landlord let himself in anyway. I asked him if my dog was any trouble, he said she ran into my room as soon as him and the delivery men entered my apartment. By the time i got home the landlord had already left (i don't know how long it takes to install a refrigerator but it would seem like he let himself in way earlier then he said he did) and my dog was nowhere to be found. After i called her name a few times she finally limped out from under my bed, he front paw was bleeding and she looked terrified. Upon closer inspection, i realized, to my horror, that her paw was broken. I rushed her to an emergency vet clinic. The final bill came to $5000. The vet said there was no way the injury could have been self inflicted and blunt force was the cause of the injury. I called my landlord and asked him what had happened. He said that when he came in to my apartment the dog ran into my room and he heard a loud yelp. After I told him about the broken paw and the $5000 bill, he said he was sorry and he would cover some of the cost but he could not afford to cover the full $5000 (he hasn't made an offer but it will probably be less then half). He also said that because my roommate told him he that he would be home between 2:30 and 5:00PM that this basically gave him permission to let himself in between those hours. Even though the whole point of having me or my roommate in the apartment during the installation was to make sure my dog was ok. Now my question is, though i wasn't home when this happened, and i cant outright prove that he injured my dog (though my dog has never injured herself before), and though my roommate told him he'd be home and wasn't, can i still take him to small claims court to recover my losses? Was he in his right to enter my apartment without my permission because he assumed someone would be home before the agreed upon time? What are my options here? I really don't have the kind of money to loose even a $1000 let alone $5000. This whole thing has left me nearly broke. Should I take what he's offering? Or does it make sense to take him to court to recover what i lost? And what are my chances of winning this if I do go to court? Thanks in advance to anyone who replies.