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  1. #1
    Join Date
    Oct 2014
    Posts
    1

    Default Dog Entered Neighbor's Yard and Killed a Valuable Koi Fish

    My question involves personal property located in the State of: California

    I'm asking on behalf of my parents. While they were on vacation, a neighbor's dog was not locked up properly. This has been an ongoing issue and he has received previous complaints from other neighbors. The dog got out, got into their backyard, and killed one of their two koi fish. They were informed of this through another neighbor who watches their house while they're away, who put them in touch with the dog owner. They briefly spoke, the dog owner acknowledged that it did in fact result from his dog, and he apologized. Since they were still on vacation when they initially spoke, they agreed to sort out the details once they returned. Obviously there's a sentimental issue involved since they had and raised this koi for 18 years, but there's also a property value situation. While the dog owner agreed that he would/should get them another fish, I'm not sure he realized the value. My parents have many pictures - old and recent - verifying the size and variety of this particular koi. My dad has been calling koi farms for quotes and a "replacement" koi of the same size/breed/color is about $1000-$1200. Is the neighbor liable for this? I'm nervous for my parents in case he pushes back once he realizes the actual value of this fish.

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Neighbor's Pet Killed Valuable Koi Fish/ Recoup Costs

    I don't know where you are looking but prices I am seeing are in the $400-$500 range.

    http://www.mokoi.com/koiforsale1.htm

  3. #3
    Join Date
    Jan 2006
    Posts
    38,728

    Default Re: Neighbor's Pet Killed Valuable Koi Fish/ Recoup Costs

    aren't they just carp? we have a ton of them down in the river.






    the very first site, the very first fish I saw in a quick internet search was listed for $5600.

    http://www.koi.com/


    You will have to prove your damages. Once you do that, it should be a piece of cake.


    b
    viously there's a sentimental issue involved since they had and raised this koi for 18 years,
    there is no value given sentimental issues. The fish are simply property.

  4. #4
    Join Date
    Mar 2013
    Posts
    17,136

    Default Re: Neighbor's Pet Killed Valuable Koi Fish/ Recoup Costs

    Quote Quoting monalicia
    View Post
    Is the neighbor liable for this?
    Yes, he's liable.

    This is simple. Advise your parents to BUY a replacement fish of like kind and quality. Then send the neighbor the bill and sue him in small claims court if he doesn't pay.

    Don't get into the argument about what the fish is "worth." Just buy another. Then it'll be worth exactly what they pay for it and that's the amount of their damages.

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