3 ms·
> I could, in fact, sue the person that cause the damage and prove the actual damage even if it was above the replacement cause No you couldn't, and I challeng
by idontpost 8y ago
> I could, in fact, sue the person that cause the damage and prove the actual damage even if it was above the replacement cause
No you couldn't, and I challenge you to find a single case where liability for damage to simple property has ever exceeded replacement value.
You won't find it.
The closest you'll find is where the property was fundamental to some business and there was lost income that contributed to the damages. This does not apply to pets (though it could apply to say, race horses or some show dogs).
- syshum 8y agoHow about Burgess v. Shampooch Pet Industries, Inc in Kansas... Where the Pet Owner was awarded damages even though the 13 year old dog "negligible market value" given its age. Summary of the Case: This Kansas case presents an issue of first impression as to the proper measure of damages recoverable for injury to a pet dog. The plaintiff's dog, a 13-year old dog of negligible market value, suffered a dislocated hip after being groomed at defendant's establishment. The appellate court found the lower court's award of damages based on the veterinary bills was proper where the bills were not disputed and represented an easily ascertainable measure. Specifically, the court held that when an injured pet dog with no discernable market value is restored to its previous health, the measure of damages may include, but is not limited to, the reasonable and customary cost of necessary veterinary care and treatment. The court was unconvinced by defendant's "hyperbolic" claim that such an award would lead to a floodgate of high-dollar litigation on behalf of animals with low market values.