HELP! $1300 complaint for tank destruction

[greenmaji]

75g tank (depends on tank) 100-300+ dollars LFS

regardless of how much soap was used.. the tank is still usable.. the tank would not need to be replaced.. nor any equipment.. Possibly filter media (if used) but not the equipment itself.
just the LR and sand (most use playsand from the hardware store by the way.. much cheaper then LFS sand)

 

[DragonForce]

I would personally take it court, it's worth fighting IMO, for that much money. I could setup an amazing 24g nano cube like that kind of cash.

 

[mykpoz]

Anybody got an estimate on the items I mentioned

regardless of how much soap was used.. the tank is still usable.. the tank would not need to be replaced.. nor any equipment.. Possibly filter media (if used) but not the equipment itself.
just the LR and sand (most use playsand from the hardware store by the way.. much cheaper then LFS sand)

i agree, was only providing the quote

 

[Crusis]

Well, it sounds like you have the option of either paying the money or going to court. Those are basically the two choices it boils down to.

Personally, I'd go to court, and provide witnesses to the abandonment and appearance of the tank, documentation regarding the care of a saltwater tank and the frequency required, and testify that the condition of the tank was making the living space unlivable due to the smell.

The person is only entitled to actual damages, not punitive damages since there wasn't any intention to harm.

I think any reasonable judge would, if you lose which I think unlikely, at least mitigate the damages based upon the conduct of the other individual. If you can't represent yourself in civil court (this should be a small claims issue), then get an attorney. Expensive, but probably not $1300.

I bet from the dedication level the other guy showed his fishtank, he'll probably not even show up to court in which case you win by default judgement.

I'd definitely get my date in court.

I believe Jermz79 has a point too. A landlord cannot double lease an apartment in most states I believe that to be illegal.

 

[natman2]

Good new is there will be no case for punitive damages (to punish) since there was no malice involved.

Bad news is most states provide for double the purchase price for livestock items when awarded damages.

Since there where no fish in the tank the only live stock could have been corals and even these may not be considered livestock in some states.

If it where me I would meat the guy in small claims court. This means he will have to take a day off work and also have you served with a subpoena. Two things he probably wont do and will begin to play ball with you on negotiating damages without going to court.

If he does take you to court you have a case for contributory negligence on his part due to his abandonment of the property and in this case live stock which the judge will frown upon greatly.

I would also go to at least three different web sites that sell live corals for aquariums and print out there prices for all. This will give the judge a frame of reference if damages are awarded and a list of damages will also have to be submitted from the complainants.

Good luck. I don't feel that you owe the guy a dime. The greater negligence (failing to use due care) was on his part by leaving this type of property/livestock unattended for the length of time he did. If it had been a dog or cat he would be looking at animal cruelty charges himself.

 

[DeFeKt]

I don't feel that you owe the guy a dime. The greater negligence (failing to use due care) was on his part by leaving this type of property/livestock unattended for the length of time he did. If it had been a dog or cat he would be looking at animal cruelty charges himself.

Well said.
Fight it, guy is trying to make a quick buck.

Matt.

 

[haus]

It's worth a fight definitely. A tank without care for numerous weeks would stink because everything would die. He may be able to say that damage was done, but nothing was ruined. The lack of care is what caused the most damage. Without water changes filtration, feedings, etc. the tank had ruined itself. Granted adding soap didn't help matters, but the guy is trying to make a quick buck.

 

[fishyrican]

I think the best advice given so far is that you should get the advice of an attorney. Your son has, from what I understand been charged with a criminal offense. Your son may also face a civil action regardless of the outcome of the criminal charge.

Both of these potential actions are grounded in state law. Since each state's laws are drafted/enacted by that state's legislature, there may or may not be any similarity to the laws of other states. This means that the only legal advice worth anything is advice from an attorney in North Carolina. Furthermore, I know of no state that requires laws to be enacted with common sense in mind. In fact, some laws may make no sense at all, common or otherwise. Thus, the advice of an attorney is important when such things are at stake, since the common sense response may just be what sinks your ship. I have watched too many times as defendants give up the farm just as the judge is about to let them go.

Whether in civil or criminal matters, in most instances the charging party needs to be "put to their burden." In other words, they have the burden of proving their case by presenting enough evidence to convince the judge (or jury) that the alleged event actually happened. Thus, one should rarely offer to pay damages at the outset unless operating under the advice of an attorney.

Having said that, it is ultimately your choice as to whether to seek the advice of an attorney. If you or your son have homeowners or renter's insurance, they may cover this as a negligent action (read your policy, and again, consult with an attorney). You may have received good, common sense advice here. However, in court, all advice you receive (including mine) is worth little more than what you have paid for it.

 

[Macmommy]

Living in NC myself, I would say the best thing to do is consult an attorney. First consultations are free, and that will let you know what you and your son would be looking at in the event of a court case.

Good luck!

 

[StripesTheEel]

definately see an attorney.. this guy definately needs some money so is lookin for the best option to make it..

as the majority have said.. the soap didnt help the cause but it looks like the majority of the damage was already done..

all equipment and tank can be used again provided its cleaned out properly..

the only real losses are the rock, sand, coral if any.. I wouldnt think $1300 worth

 

[OneBowl]

Zell,

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!

 

[JPloman]

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!

 

[greenmaji]

zell, any news?

 

[pluk1992]

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

 

[Wizzard~Of~Ozz]

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.