What is reasonable to ask? (neighbor’s dog)

[Hawaii Newbie 2020]

Sadly, our neighbor adopted a dog and after it killed her chickens, got out and killed a feral chicken on our property, she allowed it to get out again, and it broke into our run and killed nearly all our chickens. These were beloved pets. My teenager in particular was completely devastated. YOU all get it.

The neighbor was so apologetic and wanting to help until I asked for money. I asked not for money for the hens but rather for the new enclosure I felt I needed in order to protect against this dog, which lives like thirty feet from our yard. To me this was the greatest urgency because two hens survived (eight were killed, and one rooster). I needed to keep them safe.

She told me what I was asking was too much and that I should have checked with her first to see what she could afford. I literally bought the smallest walk-in dog kennel I could find. It was $700, all done. I can only assume she looked at some of those $100 plywood specials online and assumed I was being ridiculous and trying to fleece her. But something like that would have been worse than what we had, which worked fine…until she got that dog and failed to be a responsible dog owner.

Anyway, I now see the thing I should have asked for was the value of the hens, which didn’t even occur to me because sure we love the eggs but primarily they were pets and not really replaceable. Laying hens here go for $50 each (I’m in Hawaii). So…she owes $400? The one rooster Pi was a beloved pet too, nothing for him?

This just doesn’t sit well with me. For her to be out such a relatively small amount considering the huge impact this had financially and otherwise. In Hawaii, $400 doesn’t even cover a very basic trip to Costco.

To build back up we were very fortunate to have had remaining fertile eggs from my daughter’s most beloved hen, Gigi, to incubate and build the flock back up. Having the babies gives her a feeling of connection to her Gigi, more importantly.

ANYWAY, my question. Given the situation, do you think I have a chance of being awarded something for the cost of the enclosure in addition to the chickens? I just am so upset by this whole thing and can’t believe how easily the neighbor is getting off! She’s refusing to even discuss it now. I can take her to small claims, I just want to be clearer first.

Thank you for any input! Pic of my daughter with Gigi.

 

[AidKD]

You absolutely have every right to the money for your hens. It's not your fault in the least that she decided to get a dog and let it run loose. This may sound drastic and over-the-top, but you can gently warn her that either she pays for you are wanting, or she won't have to worry about taking care of her dog anymore, that you'll do it for her for good, if you get my drift. Even if you have no intention of ever killing the dog I'd bet my bottom dollar that you'd never see that dog on your property again. How irresponsible of your neighbor.

 

[Cinnamon Roll]

I think it’s reasonable to ask for $400 if that’s what it would take to replace your chickens. I’m not sure about $700 though, but I think it’s good that you started with a high number.

Did you call the authorities about the dog? If you have legal complaint I think it would be more likely that she will have to do something about her dog. I think she would have to reinforce HER fence if her dog is deemed a menace.

 

[Bertram]

I do agree that asking for $400 seems more than fair. She should be responsible for keeping her dog under control. If the problem persists I would call animal control. We have had problems with a dog a while back. It is probably a good thing I haven't seen it since or it wouldn't be a dog anymore.

 

[byounghusband]

$400 is fair, but do you sell any of your eggs? If yes, how much lost $$ did you incur for getting new layers up to production speed and how much egg income was lost? We had our neighbor's Rottweiler kill our Rooster. Then he lied to me when I asked how everything was going. (I didn't know the Roo was dead yet). He was discussing the incident with my wife as I drove up from work. When I found out the truth, I was a little ticked off!! I stated that IF it has been a hen, It would have cost him $100 for the hen and then another $50 for lost egg production for a year. That would be per Hen. If he would disagree, then I would demand the dog be removed as a danger to my livestock. Fortunately for me, not for him, his Rottie passed away a couple months later (I swear I did NOT do it) so no more worries about his dogs.

 

[rosemarythyme]

In most circumstances you're owed the replacement cost for the birds you lost, which includes whatever the rooster would cost. Not an enclosure for her dog.

You should be calling animal control about the dog though, just so there's a record of it. My dog was recently attacked by a neighbor's dog while we were on a walk, and someone offered us video of the attack plus we have a live witness. We asked for the emergency vet bill to be paid. The owner's husband dragged his feet, so I went and got all the info I needed to file a lawsuit, and magically money started showing up. I gave them until middle of this month to finish paying.

 

[tlcmurphy]

I *think* the kennel was for her chickens, not the dog?

If she doesn’t at least pay for replacement value for all the chickens, I would take her to Small Claims.

 

[Lor]

I hope, whichever way you decide, it works out in your favor.

 

[Tonyroo]

Do you have animal control over there? You can file a complaint to them about this dog. Also I hope you took pictures of the whole incident.

 

[Hawaii Newbie 2020]

In most circumstances you're owed the replacement cost for the birds you lost, which includes whatever the rooster would cost. Not an enclosure for her dog.

You should be calling animal control about the dog though, just so there's a record of it. My dog was recently attacked by a neighbor's dog while we were on a walk, and someone offered us video of the attack plus we have a live witness. We asked for the emergency vet bill to be paid. The owner's husband dragged his feet, so I went and got all the info I needed to file a lawsuit, and magically money started showing up. I gave them until middle of this month to finish paying.

I’m so sorry about your dog and having to fight for the money. We had a dog once and it was attacked by the neighbor’s dog and they were so mortified and sorry, just said please tell us what the bill is. They paid right away and gave us a nice card. That’s how it should be. I hope your dog is ok now.

I should have been clearer, the enclosure is for our chickens. One of those dog kennels you can stand up in was the cheapest thing I could get for the chickens in the time we had at our disposal that would be dog proof. I feel like the neighbour’s repeated failed to contain her dog, the fact it lives so close and knows we have chickens, and the fact that it is so hell bent on killing chickens left me no choice if I want to be sure not to have to say bye to a bunch of pets and break this kind of news to my kid again, and I sure do not. I was hoping the repeat nature of the attacks we are aware of would warrant this reimbursement.

There is a Humane Society report on the incident.