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Help us decide what is fair in this awkward situation!


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My DD25 lives with a roommate in a vary small two bedroom appartment. They are not friends. They were total strangers when they moved in together and have not become friends since, but they get along okay. The roommate has a dog that is kept almost entirely in her bedroom except when she is home and watching it. The roommate and the dog spend 90% of their time in their bedroom with the door closed. Jes does not take care of or watch this dog. When Jes is home, but the roommate is not, the dog is kept in a crate in the roommate's bedroom. Point being, the dog is not something Jes has much to do with or thinks about. It's not like there is a dog running around the appartment all the time.

 

So last night, Jes fell asleep on the couch and left her glasses on the arm of it when she got up and went to bed. This morning, she woke up to find her glasses on the kitchen table, chewed up by the dog. Apparently, while Jes was still asleep, the room mate let her dog out and didn't watch him. The dog found the glasses (on the arm of the couch) and chewed them up. Room mate must have found the dog with them and placed them on the kitchen table.

 

So, we are trying to figure out what is fair here. Jes has had these prescription glasses for less then a week! They were expensive and her work insurance paid for most of them, but her part was about $80. She has no replacement insurance, so it will cost her over $400 cash to replace them. My question is, what percentage do you believe Jes should request from the dog owner? 100%? or something less because Jes shouldn't have left her glasses on the arm of the couch? Thanks!

Edited by katemary63
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Roommate is 100% liable. They didn't get knocked off by someone and accidentally stepped on. The dog was left unattended, and damaged the glasses. While I am certain the dog didn't understand the ramifications, it wasn't an accident either. The dog chewed them on purpose. The dog/owner are liable.

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Maybe they could split the bill evenly? That is a really difficult situation.

 

I thought this at first, but then I thought that 50/50 really isn't fair to my DD. That's why I'm asking. She doesn't know what to do and is devastated. The reason they are living together in the first place is because neither of them has much money.

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Has your daughter tried talking to the roomate regarding what happened or has the roomate brought it up or apologized? I would hope that the roomate would offer something. Tough situation. I think the roomate should pay something.

 

No, this just happened today and the roommate left for work before Jes woke up. We are trying to be as objective as possible and come up with a fair percentage. What about 25% Jes, 75% roommate? Jes wants to have an idea of what she wants to ask for before roommate gets home.

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I'd try for 50/50 but ultimately dd would have to pay 100% if roommate is unwilling. DD didn't have insurance? It is a sticky situation because the dog has the run of the property when roommate is home and a dog is unpredictable. There is an assumption of the things that can happen with the agreement to allow the roommate to have the dog. The glasses were in an unusual spot and may have fallen to the floor before the dog found them too. Personally, if roommate is unwilling to help with the cost then in the interest of preserving the peace I would not press it. But I'd want to make some rules regarding future responsibility for the dog and any destruction caused by him (like pet deposits or refunds, property damage, spraying etc.).

Edited by 2cents
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Your daughter JUST got the glasses and didn't put them away in her own room, while aware that there is a dog that lives in the house. That's the same as someone leaving glasses sitting on a couch knowing that a toddler lives in the house whether they actually care for or interact with the toddler or not. Hard lesson to learn, but her glasses are HER responsibility IMO.

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Has your dd contacted the optical shop where she bought her glasses? Realizing that accidents happen, many shops offer one replacement pair free or at a steep discount during the year following the purchase.

 

:iagree: I would call them and explain, just in case she can work out a deal.

 

I do think the dog owner is 100% responsible.

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Has your daughter tried talking to the roomate regarding what happened or has the roomate brought it up or apologized? I would hope that the roomate would offer something. Tough situation. I think the roomate should pay something.

 

 

I think she should talk to the roommate and listen, but not agree to anything. She should hear the roommates solution and then tell her she needs to think about how she feels before they discuss it again.

Legally I don't think there is much recourse, even in small claims court because she lives there with the dog, and even if she got a judgement it isn't worth the piece of paper it is written on if the roommate doesn't have property to lien against or the money to pay it.

I also echo the suggestion to call the place she got the glasses. I am guessing that she only needs new frames not the lenses themselves, and there will hopefully be a discount.

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I don't understand why she should be liable at all. It is her apartment and I would expect that as a renter I should be able to have my belongings in it. What if it was a pair of shoes by the door? A pillow on the couch? What if it was the leg of an end table? It isn't her dog! ESPECIALLY since she has never taken any responsibility for the dog. To me, that is not a shared responsibility/obligation/liability....it is solely on the dog's owner.

 

 

I would call and find out how much it would cost to get a replacement, and give the roommate the bill. I would let her know what payment plans the doctor has in place and what credit cards they accept.

 

If the roommate doesn't have money to cover the expenses of a dog, she shouldn't have a dog! If she doesn't want to be liable for damage to her roommates things, she shouldn't have a roommate!

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Tricky, for sure. Some people say the dog owner is 100% responsible, but then that doesn't take into consideration that it was KNOWN that there was a dog around, that dogs do often chew/etc ... should an expensive item be left within reach of the dog?

 

It's sorta like the toddler example - if YOU leave something expensive and breakable where you KNOW a toddler will be..... ?

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Your daughter JUST got the glasses and didn't put them away in her own room, while aware that there is a dog that lives in the house. That's the same as someone leaving glasses sitting on a couch knowing that a toddler lives in the house whether they actually care for or interact with the toddler or not. Hard lesson to learn, but her glasses are HER responsibility IMO.

 

If it was her roommate's toddler who broke the glasses, I would still expect the roommate to pay.

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Roommate is 100% liable. They didn't get knocked off by someone and accidentally stepped on. The dog was left unattended, and damaged the glasses. While I am certain the dog didn't understand the ramifications, it wasn't an accident either. The dog chewed them on purpose. The dog/owner are liable.

 

:iagree::iagree::iagree:

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Tricky, for sure. Some people say the dog owner is 100% responsible, but then that doesn't take into consideration that it was KNOWN that there was a dog around, that dogs do often chew/etc ... should an expensive item be left within reach of the dog?

 

It's sorta like the toddler example - if YOU leave something expensive and breakable where you KNOW a toddler will be..... ?

 

Your right.....since the dog may chew on something that is not the owner's, the owner should have watched the dog better. The owner was being negligent by allowing the dog to be unsupervised within reach of someones expensive items.

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Let them work it out.

 

However, (and I say this as one that has worn glasses since childhood) your daughter was careless. She left an item where it didn't belong and had no business being, especially knowing that a dog is let out on occasion. Glasses are not always noticeable and get knocked off of a couch very easily. A dog can get to it quickly, before an owner has a chance to know about it (it only takes a few minutes). Yes, the dog owner is responsible for damaged property, but I don't believe she is solely responsible as your daughter was a bit irresponsible herself.

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Bringing up the example of a toddler.....

 

When my kids have broken something of someone else's, even if they gave the child permission to play with the item, I offer to pay to replace the item. This has happened several times over the years, and has happened at daycare.

 

My child/my responsibly!

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As a dog owner, I am responsible for any property destroyed by my dogs, and any harm my dogs might do to others.

 

If the roommate doesn't recognize this, she really shouldn't own a dog.

 

But hopefully she does, and this won't be an issue. Hopefully they will work it out without too much fuss. Keep us updated.

Edited by GretaLynne
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Tricky, for sure. Some people say the dog owner is 100% responsible, but then that doesn't take into consideration that it was KNOWN that there was a dog around, that dogs do often chew/etc ... should an expensive item be left within reach of the dog?

 

It's sorta like the toddler example - if YOU leave something expensive and breakable where you KNOW a toddler will be..... ?

 

You're right.....since the dog may chew on something that is not the owner's, the owner should have watched the dog better. The owner was being negligent by allowing the dog to be unsupervised within reach of someones expensive items.

 

That's not what I said, though, so I'm not sure why you said "you're right" ~ I said it was tricky, and that there were other considerations.

 

If it was me who left my new & expensive glasses out & about in a home with a dog...I'd feel somewhat responsible myself and would likely refuse to let my roommate cover it *all* (I'm just speaking for myself).... Now granted, if it was MY dog who chomped on someone else's, I'd prolly go ahead and offer them the full amount.

 

So I guess I'm kinda on both sides. :laugh:

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1. dog shouldn't have chewed glasses

2. glasses shouldn't have been left out.

3. she needs to weigh likely outcomes and whether she can live with that.

 

possible outcomes:

1. roommate offers to pay

2. roommate refuses to pay

3. roommate has a suggestion about how to share costs

4. daughter needs to suggest how to share costs.

 

which moves us to altered relationships.

1. can dd afford to move?

2. does dd want to move?

3. will roommate be angry enough to make moving desirable/necessary?

4. is dd prepared to ask roommate to move or get rid of dog?

 

these are extreme, but may help put it all into perspective....

 

another approach might be for them both to agree to cut any shared expenses (if there are any) to cover the cost of the glasses.

ie. cutting cable, dsl, etc....

 

her roommate is likely talking to people who know her about what happened, and will be taking their responses into consideration. most folks will say she doesn't owe anything because they know only her and not the roommate. others, a few, will suggest that she share costs. few are likely to say she owes the full amount.

 

fwiw,

ann

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You know what? I'd prolly just let the girls talk to each other and work something out. Whatever THEY decide is fair and all that. :)

 

 

I have never even met this roommate. I live in another state. I certainly have no plans to be involved. I'm just trying to help my daughter decide what is fair to expect.

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That's not what I said, though, so I'm not sure why you said "you're right" ~ I said it was tricky, and that there were other considerations.

 

If it was me who left my new & expensive glasses out & about in a home with a dog...I'd feel somewhat responsible myself and would likely refuse to let my roommate cover it *all* (I'm just speaking for myself).... Now granted, if it was MY dog who chomped on someone else's, I'd prolly go ahead and offer them the full amount.

 

So I guess I'm kinda on both sides. :laugh:

 

 

Sorry, sarcasm doesn't traslate well on the internet.

 

I was saying the owner knows that dogs chew on things.....and thus is liable!

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You know what? I'd prolly just let the girls talk to each other and work something out. Whatever THEY decide is fair and all that. :)

 

I have never even met this roommate. I live in another state. I certainly have no plans to be involved. I'm just trying to help my daughter decide what is fair to expect.

 

Yeah that wasn't a "git yer nose of of it" kinda thing :p

 

I was just sorta thinking out loud... it's really gonna depend on how each girl views the situation ~ not us. We can't even agree here! :laugh:

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Has your dd contacted the optical shop where she bought her glasses? Realizing that accidents happen, many shops offer one replacement pair free or at a steep discount during the year following the purchase.

 

:iagree:

 

If not free, maybe a reduced rate?

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If her glasses are $400, she's shopping in the wrong place. I'll ignore the "who's at fault" part -- you've gotten lots of opinions already -- but she needs to get her prescription and have it filled at a much, much, much less expensive optical place. VisionWorks, Walmart, Costco, any number of other places. Even with my high-end specialty lenses, I can get glasses (with nice frames that I like) for $80-150 dollars. $400 is crazy-high -- even if she has to have higher end lenses.

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If her glasses are $400, she's shopping in the wrong place. I'll ignore the "who's at fault" part -- you've gotten lots of opinions already -- but she needs to get her prescription and have it filled at a much, much, much less expensive optical place. VisionWorks, Walmart, Costco, any number of other places. Even with my high-end specialty lenses, I can get glasses (with nice frames that I like) for $80-150 dollars. $400 is crazy-high -- even if she has to have higher end lenses.

 

LOL! :iagree: (even though it's beside the point). Mine would cost nearly $600 at many places, but I can get two pair for under $100 at America's Best.

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I agree with the others about the cost of the frames. Three of us have glasses in my family, my 6 year old has broken his glasses 7 times in the last 6 months. Thank goodness Sam's Club has a one year replacement warranty on all their frames. The frames cost $49.00, the lenses are covered by insurance, but I think they would be about $100.00. I SPLURGED on my own frames last time because I was tired of the ugly $20.00 frames I wore for years, and wanted something stylish. They still only cost me $100.

 

If your daughter needs a roommate to make ends meet, I don't think she should be buying $400.00 glasses. Even if insurance pays for it, the cost of replacement is something you take into account when purchasing things. Accidents happen, things break, and so if you can't afford to replace it, you can't afford to buy it.

 

That said, I think the roommate is responsible for the cost of the replacement as it was her dog that did the damage. But I doubt she has $400.00, and your daughter should be willing to settle for less.

 

Not trying to be snarky, just channeling Dave Ramsey :001_smile:.

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The dog is THE roommate's responsibility. A lesson for the roommate to learn that when her pet destroys someone's property it is her responsibility to pay for it. Just like if your toddler destroys someone's property you pay for it.

 

:001_huh:

:tongue_smilie:I think it's better to take responsibility for your own mistakes and find a better solution than blaming someone else. I understand that it sucks to have expensive glasses chewed up by a dog. I understand that the dog can't pay for the glasses to be replaced, so then it would be the owners' responsibility. BUT I also understand that the owner of the glasses was negligent in leaving them out and about and not put away in a place where she KNEW they'd be safe. It may be reasonable to expect your stuff to be there and be okay when you wake up in the morning but Stuff Happens. *I* would not expect the roommate to pay to replace my expensive glasses, I would just feel stupid for having left them out and would make sure that I didn't leave ANY of my stuff sitting out in the 'common' areas in the future. I'd also make sure I bought insurance for my glasses in the future 'just in case' I did something that resulted in them being ruined in the future. Glasses are fragile, and there is NO way I'd have a pair that cost THAT much money and not have insurance for them but that's just me. I would be disappointed but *I* would take full responsibility for MY things and just consider it a lesson learned.

IMO it's not worth causing hard feelings, it's just STUFF and people and relationships (even if they aren't 'close' relationships) are way more important than STUFF. If it's my stuff, it's my responsibility to make sure it's 'safe' and taken care of, ESPECIALLY if I share my space with other people/animals.

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Tell her not to go to the place covered by her insurance. They are always more expensive in places like that.

 

This is so, so true! If I go to a place on the list for our optical coverage, glasses *easily* cost FOUR TIMES what they do at less expensive places. And the wacky part is, the cheaper places *will* submit insurance and thus get me a (major) discount on the already cheaper glasses.

 

I don't know why the insurance is set up like that. But going to one of their endorsed providers is a terrible idea -- and that's been my experience with the last three optical insurance programs we've had.

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I guess I can see this as 50/50 responsibility. The glasses shouldn't have been left out. For that price, I would certainly expect they came with a hard case. IMO, they should have been in that case, in her bedroom.

 

That said, if my dog or child damages someone's property, I expect to pay for it - IF they took reasonable precautions and my dog or child overcame those reasonable precautions.

 

Since your dd didn't take (IMO) "reasonable precautions" to protect her property, I would only feel partially responsible for the damage.

 

At the end of the day, though, the bigger issue has to be the living arrangement. If this gets ugly or gets pushed, can they afford to part company and find other living arrangements/roommates?

 

(Fwiw, if I were the dog owner, I would be a tad upset at having to pay a small fortune for someone's extravagant expense that they themselves didn't take very good care of, kwim? Yeah, my dog chewed them up, but it would have been a lot easier on everyone - who is admittedly short on cash and thus in this living situation - if the glasses were more reasonably priced, insured, taken proper care of, etc. Now I - the phantom dog owner - am out a whack of money I can't afford b/c my dog acted like a dog while my roommate acted on the irresponsible side.)

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If her glasses are $400, she's shopping in the wrong place. I'll ignore the "who's at fault" part -- you've gotten lots of opinions already -- but she needs to get her prescription and have it filled at a much, much, much less expensive optical place. VisionWorks, Walmart, Costco, any number of other places. Even with my high-end specialty lenses, I can get glasses (with nice frames that I like) for $80-150 dollars. $400 is crazy-high -- even if she has to have higher end lenses.

 

OTOH, the year I decided to save money and get my glasses at Walmart, there was a noticeable difference in the field of vision even though saving money still meant paying over $300. I pay over $500 for glasses, even though I always choose cheap frames, but I only replace them every other year because of the cost. Other than the one year I went to Walmart, I won't go to chain stores for glasses because my friends who do inevitably end up with lenses that aren't right and it's almost impossible to get the stores to admit and correct their mistakes.

Edited by LizzyBee
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(Fwiw, if I were the dog owner, I would be a tad upset at having to pay a small fortune for someone's extravagant expense that they themselves didn't take very good care of, kwim?

 

:iagree:

 

I am probably more on the "it's the dog owner's fault" side of the fence, but I completely agree with this. I would be really upset about having to pay $400 for someone's glasses when I don't pay more than $150 for mine. I guess I think the roommate should have to pay a "reasonable replacement cost" for the glasses and not the actual value of the broken pair.

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I cannot believe anyone here thinks your daughter should have to put her glasses, and all other items she does not want chewed up, out of the dog's path. That's a ridiculous standard. There is nothing wrong with leaving one's glasses on the arm of a sofa, and if the dog got them off and destroyed them, well, the dog's owner pays for them. I doubt that the replacement cost is actually going to be $400, but whatever it is, that's what the roommate owes.

 

What if the dog chewed the furniture? Or the carpet? Would you still think the OP's daughter is liable for not storing her living room furniture, and the living room rug, in her locked bedroom? Glasses are no different. Now, if they'd been left on the floor and stepped on, that would be different, but a dog chewed them up.

 

Terri

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IMO it's not worth causing hard feelings, it's just STUFF and people and relationships (even if they aren't 'close' relationships) are way more important than STUFF. If it's my stuff, it's my responsibility to make sure it's 'safe' and taken care of, ESPECIALLY if I share my space with other people/animals.

 

 

I agree with this. There is probably no way to really discuss this without some hard feelings, which will make it uncomfortable for the 2 of them to live together. They are both to blame, I guess, but if I were the owner of the glasses I would just get a new pair and be more careful with my things in the future. I would discuss what happened with my roommate, but not ask for any money. Yes, her dog did this, but I don't feel like she was unreasonable in letting her dog out in her own apt, not necessarily knowing there were glasses on the couch or the floor. I do understand it is a tough situation, but maybe they both will learn a bit from it.

 

And then I would buy a MUCH LESS EXPENSIVE pair of glasses. Then this issue would be about $40 (for example) instead of $400. KWIM?

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Thanks for all the responses. I've sent Jes a link to this thread. I am surprised at the differences of opinion, but I guess I shouldn't be. What is "fair" in one person's mind is not always the same to another. I, personally, have been leaning towards a 25/75 split in costs. The roommate has agreed to pay something through a text message and they will have to figure it out after Jes goes to the store to see what the replacement will be. Thanks everybody! It's been an eyeopener!

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I cannot believe anyone here thinks your daughter should have to put her glasses, and all other items she does not want chewed up, out of the dog's path. That's a ridiculous standard. There is nothing wrong with leaving one's glasses on the arm of a sofa, and if the dog got them off and destroyed them, well, the dog's owner pays for them. I doubt that the replacement cost is actually going to be $400, but whatever it is, that's what the roommate owes.

 

What if the dog chewed the furniture? Or the carpet? Would you still think the OP's daughter is liable for not storing her living room furniture, and the living room rug, in her locked bedroom? Glasses are no different. Now, if they'd been left on the floor and stepped on, that would be different, but a dog chewed them up.

 

Terri

 

:iagree: The glasses would still be on the arm of the sofa had not been for the roommate not controlling her dog. If her roommate had accidentally knocked them off the sofa, then it would be dd's fault for leaving them out because sitting on the sofa is a normal activity and thus their placement would be the issue. However, the glasses would have stayed where they were had it not been for the roommate's negligent control of the dog. Therefore, it's the roommate's fault because a dog eating things isn't a normal activity. (No, it's not. And when puppies are in this stage, owners need to control them)

 

That's what I think is right and fair. However, I can see a young woman totally balking at owning up to that. They'll have to work out something that *seems* fair to both of them.

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