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Old 12-05-2005, 08:52 AM   #31
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Your update seems to indicate a clear course of action at this point. First, devote all energy to getting the criminal complaint dismissed. Ignore any potential civil liability until when/if that action is initiated. There will be plenty of time to wrestle with valuation issues later. Ensuring that a criminal conviction does not appear on your son's record would take precedence if it were me. Good luck!

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Old 12-05-2005, 10:23 PM   #32
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That is completely ludicrous! What a horrible cop to have written this as a criminal charge! This is nothing more than what needs to be taken to small claims court and work out the details there. I honestly agree with some of the others on this forum, he is trying to make a quick buck. I would fight him!

If there was no power going to the tank, the rock was most likely dead and rotting and that is why there was such a bad smell coming from it. I would get quotes on “base rock” or “dry rock” not premium live rock if you want to get a good idea of what it would have been worth.

The equipment is still 100% usable and safe for a new system, thus you should not have been fined for that part of it. He did not damage to the equipment by adding the soap.

Please keep us posted on how things are working out!

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Old 12-26-2005, 02:33 AM   #33
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zell, any news?
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Old 12-26-2005, 05:27 PM   #34
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i would fight it because when the tank owner left he gave all rights to anything left there and secondly the owner of the apartment should of not let knew tenants move in before all previous items were removed its your sons fault for the soap but its the owner and the property managers fault for letting it happen in the first place
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Old 12-27-2005, 02:44 AM   #35
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Common (or not so common as the case may be) sense would dictate the second his name was removed from the occupancy list he forfieted his right to live there, any properties left there are no longer subject to "damage claims" unless the damage caused was to the building/premesis, in which case the occupants would be deemed liable for the damages as they inherited responsibility of this property. While the property is his, anything that happens to this is not anyones fault but his for leaving it in a place that is out of his control to maintain.

Like trying to sue the hydro company for cutting off hydro to an abandoned building that caused loss of property. The point that should be argued is if it had a value of 1300$ why was it left in disrepair in a place where he was no longer able to provide regular maintenance on the equipment, or even verify that it was plugged in or functional. a filter airlocking could kill everything within 2 weeks FYI. this is his responsibility, but then again, people always try to sue someone to gain monetary re-imbursement for their lack of responsibility.

IMO of course.

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destruction, tan

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