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Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 57381
Experience:  Licensed attorney helping individuals and businesses.
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I own a parrot store and board parrots. I have been in

Customer Question

I own a parrot store and board parrots. I have been in business for 20 years and never had a theft. This last week unfortunately a boarding bird was stolen. We try t take precautions, but somehow a group distracted the employees and someone took a very tame parrot out of his cage and left/ The replacement cost of a healthy well-socialized parrot of this type is $650-$850 which we have offered either in money or replacement. The owner wants $5,000 for the 12 years they took care of the bird and for pain and suffering. Is there legal precedent for valuing a lost parrot?
JA: What state are you in? It matters because laws vary by location.
Customer: I am in California
JA: Has anything been filed or reported?
Customer: We just discovered the loss and are going to report to the police and insurance tomorrow.
JA: Anything else you want the lawyer to know before I connect you?
Customer: i think that is all.
Submitted: 4 months ago.
Category: Consumer Protection Law
Customer: replied 4 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 4 months ago.
Have I submitted all required information?
Expert:  Infolawyer replied 4 months ago.
No set valuation. A court would look to testimony of cost of replacement with similar parrot. If I can clarify or explain anything further, just ask me. kindly rate me 5 stars.
Customer: replied 4 months ago.
My question was not answered. In California would a judge award damages for loss of companionship or pain and suffering in addition to the replacement cost of a comparable parrot. The potential plaintiff has asked for $5,000 for a 12 year old parrot that I can replace with a young bird for between $650 and $850. The owner now says they do not want a replacement parrot, but instead would want $5,000 to avoid legal action. What is the law for this type of action?
Customer: replied 4 months ago.
I would rather not rate this lawyer or pay for a phone call until I receive a better answer. Thank you.
Expert:  Infolawyer replied 4 months ago.
Courts usually will only award the replacement cost, interest and filing fees. Legal fees, emotional harm, loss of companionship would not be awarded. The court is also likely to encourage a settlement if feasible. If I can clarify or explain anything further, just ask me. kindly rate me 5 stars.