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sysjohn sysjohn
 
M$5 December 30, 2008 01:33 AM

When a building management company is responsible for the death of a pet what should you do?

My fiance discovered two of our pet birds dead this morning. Our apartment reeked of natural gas, the gas company came out and stated we had a leaky valve and connector for our stove. What should we do in terms of the fact that poor maintenance on the part of our apartment management company essentially resulted in the death of two of our birds?
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chn-cs-htg chn-cs-htg
 
 December 30, 2008 01:41 AM
Call the management, they'd be scared for this issue to become public, big, media-focused, court-heard.... you get the picture. Make sure that you reach the highest level of management possible on the phone (probably the boss of the boss of the person who first answered) and the two of you can then reach an agreeable compensation.

If not, keep all paper trail etc. and find a law firm that is willing to have a FREE consultation, tell them about your situation and ask for their take on the matter. If they can represent you, bring that info to the management again; and if so no luck, go back to the law firm and sue the butt off the your building management.

If you are good at confrontation, feel free to meet the management in person instead of on the phone; be sure to show that you are very upset, yet you are still a reasonable person.

Feel free to ask me to clarify anything if you wish. Good luck!

Harry
Asker's Rating:
• I think your answer was the best in response to my question that doesn't throw suing as the only option. Its not about compensation it's about the negligence being dealt with end level.


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garance garance
 
December 30, 2008 01:48 AM
It seems that the birds saved your life! I do not know if the management is responsible for the valve and connector or if you were. It depends from place to place and on the type of contract that the mngt has. You need to have some proof from the gas company, a picture of the dead birds, or/and the testimony of a neighbor,and a copy of the existing contract with the management.Then consult a lawyer specialized in condo disputes. But I would say that it is your life the legal problem much more than the birds. If you are right, you might ask for a new manager to start with.
BY THE WAY Is it safe to stay in the building at all? What about the gas valves for other tenants? Make sure you do not all blow up, 'tis the season.

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sysjohn sysjohn
 
December 30, 2008 01:54 AM
We have pictures of the birds, the Gas Company lady told us she believed the owner to be at fault. Plus the owner is responsible for the stove its one of the things mentioned in the lease agreement. And after looking up directions we discovered its a antique.

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garance garance
 
December 30, 2008 02:02 AM
Really, the other tenants have to get their gas checked immediately. Gas fixtures are probably the same age, isn'tit? That is the first priority. Ask the fire department if necessary.

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demanda demanda
 
December 30, 2008 02:23 AM
If it were me, I would call them and inform them of the situation. If they're responsible people, they should be willing to offer compensation to you in some way to account for their negligence. Regardless of how upset you may be with them, remaining calm and collected during all conversations about this issue will only serve to help you in the long run.

If they are uncooperative, you have a small claims case on your hands. I would mention that to your building management company in the most non-threatening way possible. Hopefully, this can be resolved without going to court. I'm so sorry about the loss of your birds, and I hope that justice is served.

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lablover00... lablover00...
 
December 30, 2008 03:07 AM
If you can afford a consult, I would sit down with a local lawyer to find out what your rights are and figure out what your next step legally should be. Then, if you lawyer says it's okay, I would sit down with your landlords or management to let them know what happened and see where they stand on the issue. You have to decide what you want from the resolution. Of course they can't ever replace your birds, but you need to decide if you want them to pay the cost of buying new birds or if you are looking for (and if you are even legally entitled to) more money than that. This is why it's important to know your rights by speaking with a lawyer, so that your management doesn't take advantage of you. You can be assured that your management has a lawyer and they know what their rights are, so don't go into this unprepared. For sure I would make sure that the leak is repaired right away and personally I wouldn't be paying for the fix, I would make management pay for it.

Also, be thankful that you are alive because you could have been killed by this as well.

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christmas ... christmas ...
 
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justmeinth... justmeinth...
 
December 30, 2008 07:38 PM
depends on teh law inyour state
if animals have some protection -you can sue for a larger amnount (puniytive damages)

if they are only considered property-you wil only get the cost of teh bird.

if there are ongoing maintenance problems-you can report them to the housing department for safety issues

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