Can we ask for emotional damages after a fire caused by a manufacturer defect?

Question

The fire was started by an appliance. The company has sent an engineer to our house and it was determined that it was a manufacturer defect. They want to settle. Can we ask for damages due to the loss of our 2 family dogs, as well as personal objects that cannot be replaced? So far they have only asked questions about repair of the property and replacement of things that were destroyed. Are we entitled to anything else?

Bruce Arthur Plesser · Answer

Yes.

Mindy Bish · Answer

Yes.

Jeffrey Tuttle · Answer

Yes.

Gregory Crain · Answer

Yes.

Melvin Franke · Answer

Yes.

Kevin Habberfield · Answer

Unfortunately, dogs and other domestic animals are considered property and subject only to replacement value. Although this is currently being attacked throughout the country, as courts are beginning to recognize that pets are treated like family members, as of right now you are likely out of luck. That being said, it doesn't hurt to ask. Hopefully they are sympathetic since they destroyed the house and your pets.  Good luck.

James Osak · Answer

"Yes" AND "no." Pets are considered PROPERTY. They would offer you the cost of two new puppies. That's BS I know. As a pet owner that's horrendous! If you had VET bills . . . you can add that to your loss. Add the emotional distress ANYWAY. It might get thrown out . . . but then it might "go through." If you DON'T ASK you won't get it that's for sure. The insurance companies have their own "value sheet." You can DISPUTE them.

Jared Altman · Answer

Yes. You can recover for the lost dogs and emotional distress, pain and suffering if you were in the "zone of danger".

David Hibbert · Answer

Yes , you should list everything that you have lost as a result of the fire. Your being displace, loss of security , fear, anxiety, make a list of everything attributable to event. 

After you've made that list, go talk to an attorney in your state about your claims. The valuation of those matters will be subject to varying opinions. We handle such claims in Georgia.

Stephen Lombardi · Answer

Answer: The short answer is yes you may ask and yes you can recover. 

As to whether you're entitled to anything else, I can't answer that question  without  knowing more, sitting down, talking to the owners and assuring myself I   understand the facts. Many people want a quick settlement, one without  lawyers,  but they still want legal advice and a shortcut to getting the above.  

It's sort  of like showing up the express lane with a cart full of  groceries. You can't fit  them all on the size counter available. See a lawyer, hire  them, sit down for a  chat and learn to be patient. There is no express  lane of fairness in the  practice of PI law.

Michael Heilmann · Answer

Yes, there is no emotional damage allowed for value of dog in MI. The value is worth of the pet; i.e $500.

Gary Platt · Answer

You are entitled to the reasonable "market value" of any personal  property  you lost.  Unfortunately, you cannot recover for the sentimental  value of  anything you lost, including your pets (which are personal property for   these purposes) and any personal items valuable only to you, like  photographs.

John Brennan · Answer

Call my offices or another attorney BEFORE you settle, otherwise you will most probably settle too low.  Yes the dogs lost are a factor, and are the lost and irreplaceable memorabilia.

Ronald Lowry · Answer

I regret to tell you that the measure of damages for property damaged or destroyed in a house fire (including the dogs, which are considered property in GA) under GA law is the fair market value (not replacement value which would be higher) of those items. Emotional distress, sentimental value, etc. is not part of the recoverable damages.

Thomas Edward Gates · Answer

Yes, you are entitled to recover your damages, including your 2 dogs.  It is general practice to have the manufacturer and/or insurance company to settle quickly and inexpensively.  There are many elements that go into determining what your damages are, e.g., the compensation you are seeking.  Lost of pets, personal objects (note - this can be tough since one speaks of face value, yet another addresses personal feelings/memories), lost work, repairs to home, etc.  You should speak to an attorney to assist you in getting a reasonable and fair settlement.

Robert Lucky · Answer

Yes, you may be entitled to more; however, to better determine your rights, you should contact an attorney as soon as possible. I would not continue negotiating with them until you have discussed your situation with an attorney.

Paul Whitfield · Answer

You are entitled to all your damages at fair market value (not replacement value) including pets (yes, they have money value but it is fair market value and not based on feelings or emotions) if you have real damage in dollar terms see a PI lawyer. You will get nothing for "feelings".

Thomas Bulman · Answer

If they cannot be replaced, how could any amount of money be enough?    Be reasonable.  God punishes the greedy.  $1000 per pet and call it good.  Near death experience for you, not worth much.  Consider yourself lucky and move on.

Ronald A. Steinberg · Answer

The short answer is NO.  There is a Michigan Supreme Court case that holds that you cannot get emotional damages due to the breach of a business contract.  I suspect that the contract would have to be centered around "peace of mind" in order to do it.  I do not think that your claim is centered around "peace of mind."  It is simply a fire insurance policy which addresses losses you have to property and possessions.

Andrew Velonis · Answer

In New York, you can recover for emotional anguish if you were in the "zone of danger" when the fire occurred.

Mark Smith · Answer

The rule on personal property is what was the value of the item just prior   to the loss including depreciated value. Sentimental value is not   compensable.

David Stoddard · Answer

You would probably be entitled to damages for aggravation and mental anguish.

Jeffrey Lapin · Answer

Whether you can get money beyond the repair or replacement of things that were destroyed by the fire depends, in part, whether you were present when the fire occurred and witnessed the death of your dogs and the destruction of non-replaceable items. If you were not present, you would not be entitled to money for "emotional" distress you sustained. If you were present, you might be entitled to some additional money for "emotional" distress although the law in this area in Nebraska is not very clear.  Whether you witnessed the fire itself or not, you might be entitled to some additional money for ancillary items, such as for wage loss for time spent having to replace the items.

C. Hopkins · Answer

For Calif. products liability claims, $ is allowed to be awarded for provable (VF-1201):   [a. Past economic loss  [lost earnings $ ]  [lost profits $ ]  [medical expenses $ ]  [other past economic loss $ ]  [a. Total Past Economic Damages: $ ]  [b. Future economic loss  [lost earnings $ ]  [lost profits $ ]  [medical expenses $ ]  [other future economic loss $ ]  [b. Total Future Economic Damages: $ ]  [c. Past noneconomic loss, including [physical  pain/mental suffering:] $ ]  [d. Future noneconomic loss, including [physical  pain/mental suffering:] $ ]

Dennis P. Mikko · Answer

You would be entitled to be placed in the position you would have been in had the fire not occurred.  This would include being compensated for damages to your property and possessions.  If your insurance company paid the loss, they would be entitled to be reimbursed.  You could obtain compensation for the loss of your pets.  When dealing the the insurance company remember they want to pay as little as possible.  You should accurately itemize all items you lost and damages you incurred.  Then there is the process of negotiation.  If the is not successful, you may have to hire an attorney and file suit.

Michael Yeksavich · Answer

You can ask for anything you want.  However, a thing called "emotional damages"  is not normally awarded in the fact pattern as I  understand it.  Get a lawyer.

Bernard Jones · Answer

Yes but you should stop talking to the insurance company now and call a lawyer ASAP.

Bernard Huff · Answer

You should be made whole. To seek complete recovery, you should at least consult  with a plaintiff's product liability lawyer for specific legal advice and  assistance.

Stuart Nachbar · Answer

There was a recent Court case that just came down that said you can not get emotional damages for the loss of a family pet. You get get out of pocket (replacement value, if can be determined), if you had to stay out of the house, if you had to eat out a lot or bring in...

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Can we ask for emotional damages after a fire caused by a manufacturer defect?

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