Court Compensation??

Discussion in 'Predators and Pests' started by lluviapdx, Jan 19, 2009.

  1. lluviapdx

    lluviapdx New Egg

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    Jan 19, 2009
    Damascus, Oregon
    (I'm just posting this now, as we had a baby, then a monumental winter storm hit our area, and things are now getting back to "normal")

    Back in early December, days after my DD's due date, two dogs came from over 2 miles away and attacked our flock in 3 different poultry runs. We lost 12 meat chickens, and our pets ( 1 black and white top hat type rooster who always made the neatest sounds, 1 dearly loved white frizzle layer (Mommy to our turkeys), 1 beautiful polish layer, and 1 rouen drake). One silkie was lucky enough to survive and DH splinted her leg and nursed her back to health. The rest of the flock (ducks, geese and chickens) were pretty shook up and didn't lay any eggs until early Jan.

    Our newly incorporated city is feuding with our county over who should be doing dog control. So after waiting for the sheriff for 3 hours , I called city hall and the code enforcement guy told me no one was going to come. He ended up coming himself along with the dog enforcement from another city.

    The dogs were returned to their owners, who have tentatively agreed to "make good" on our losses. But what value can you put on pets? And the time nursing the silkie and the drake? And the replacement value of 12 full grown free range meat chickens? Can you ask for pain and suffering in a situation like this? What about loss of egg laying potential?

    Since we need to put a dollar value on this, what would a reasonalble
    price be for a top hat rooster (unknown breed)?
    adult frizzle layer?
    adult polish layer?
    and a rouen drake?


    --Damascus, OR
     
  2. Run-A-Muck Ranch

    Run-A-Muck Ranch Chillin' With My Peeps

    I really don't know what to say to help on the situation...
    First off Sorry for your losses. It's dishearting to hear these stories.

    I would think you could charge for....
    *the original cost of the birds
    *replacement cost of new birds of same age
    *replacement costs of new housing
    *compensated for the feed put into them
    *compensated for the feed put into new birds to get them to same level as lost birds.
    *possible compensation for other property damage done by the dogs

    I guess that's a few suggestions. I am sure others (those who have been through this) could offer better suggestions.

    Again sorry for your loss.
    Shawna
     
  3. conny63malies

    conny63malies Overrun With Chickens

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    Quote:plus compensation for the eggs you are out now
     
  4. ji

    ji Out Of The Brooder

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    Feb 26, 2008
    First let me say I'm sorry this happened to you. I had something simular happen and never caught the perpetrators.

    If it were me I would go ahead and take all suggestions and brainstorming about what your losses are and attach a value. I would then create two options.
    The first option is pretending the people are actually good people and really want to compensate you for your loss. If it were me I honestly would try to keep the list of compensation small. Replacement of birds, loss of egg production, and a reasonable cost for home vet care.
    Then I would mention in your itemized bill that you are foregoing charges to them of pain and suffering, punitive damages for negligence on their part etc. because they are acting in good faith by agreeing to compensation up front.

    This then gives them the choice to pay you and feel good about paying what you ask, it also lets them know they are dodging a bigger bill by being such fine citizens. Carrot and stick.
     
  5. Miltonchix

    Miltonchix Taking a Break

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    Jul 14, 2007
    Milton, Florida
    Quote:Under the law our chickens are considered property. Not family, not equals with humans, and "pain and suffering" is not allowed for loss of property. If you try for some outrageous inflated amount you will most likely end up with zero.
    If your car is damaged in an accident (your property) you are entitled to compensation equal to the actual replacement/repair cost up to the value of the item. You won't get compensation for all the gas you've put in it, the tires, oil etc.
    You may get the price of replacement chicks at best. Possibly some compensation for lost egg production. [​IMG]
     
  6. horsejody

    horsejody Squeaky Wheel

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    I would go on eggbid.com and see if could find something similar. You can check completed listings to see what they have sold for in the past. I would think that would show what the bird was worth, and don't forget to include the shipping cost.
     
  7. ji

    ji Out Of The Brooder

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    Feb 26, 2008
    Miltonchix said "You may get the price of replacement chicks at best. Possibly some compensation for lost egg production."

    That is all that I suggested they ask for with the addition of the medical care for the surviving birds. I wouldn't think it a bad strategy to move the medical expense to the second list I suggested - its not that big of an amount.
    I did say keep the first list small. I agree with you totally that if you ask for too much or if you ask for things you are not entiteled to you will likely get zip. I agree with a modest request, that was my point.
    This is extremely hard to do when you feel such a great loss. The owner here stated that the offer for compensation was "tentative". That is partly why I suggest the second list. Even things that can't be compensated for can be put on the list, the other party may not know that some of the items wouldn't stand up in court and it doesn't hurt for them to know that these are real losses whether compensation is due under the law or not.
    My idea is that they compare the easy choice of making compensation of the first list compared to the possibility of going to court and having to discuss all the things on the second list- it doesn't matter whether you can win every item or not or even if you would actually try to use them in court or not. The idea is to encourage them to pay. By including the escalated list you are letting them know that your request is modest and reasonable and should not be refused.
    In my opinion people who let their dogs roam around killing and maiming other peoples pets need to know it causes pain suffering- obviously they don't get this on their own.
     

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