Dog attack, three birds dead, how to legally proceed?

[Phantom_k9]

Hello all,
While I was away at school, a neighbors dog got loose and killed three of our birds. We have just lost one to a hawk, now three? Our flock is down to 8...

I do not know the full story (I'll make a reply with more info once I do), but from my understanding, the dog owner came to us and apologized. Apparently, he is a lawyer? Due to this, we will be forking up the cash and fencing in our property (yes, we should have done this a while ago, but like I said this kind of project is expensive). Legally speaking, is there any action we can take? Personally, I would rather us spend the money we would on legal fees on building a fence, so would it even be worth it?

For reference we are in Texas.

 

[Aapomp831]

Hello all,
While I was away at school, a neighbors dog got loose and killed three of our birds. We have just lost one to a hawk, now three? Our flock is down to 8...

I do not know the full story (I'll make a reply with more info once I do), but from my understanding, the dog owner came to us and apologized. Apparently, he is a lawyer? Due to this, we will be forking up the cash and fencing in our property (yes, we should have done this a while ago, but like I said this kind of project is expensive). Legally speaking, is there any action we can take? Personally, I would rather us spend the money we would on legal fees on building a fence, so would it even be worth it?

For reference we are in Texas.

He should be taking responsibility and compensating you monetarily. It’s not your job to keep his dog off your property, it’s his job to keep his dog contained. Call animal control - whether he’s a lawyer or a janitor it should not matter.

 

[Phantom_k9]

He should be taking responsibility and compensating you monetarily. It’s not your job to keep his dog off your property, it’s his job to keep his dog contained. Call animal control - whether he’s a lawyer or a janitor it should not matter.

What would animal control be able to do? Apparently this happened several hours ago, and he has already put his dog up.

 

[Aapomp831]

https://www.hobbyfarms.com/neighbor-dog-attack-chickens/

 

[drinkoj]

What would animal control be able to do? Apparently this happened several hours ago, and he has already put his dog up.

Animal control would document the attack which will provide a legal written paper trail. Now before you do this, make sure your parents are okay with this (home from school leads me to believe you are under 17 yrs old).
Sometimes if a problem happens between good neighbors, things such as cops and animal control can be avoided. Like when I shot a piece of chain link fencing out of my lawnmower into my brand new neighbor's vinyl siding, no cops called, I just paid for it to be fixed. Been great neighbors with them ever since.

 

[drinkoj]

@Aapomp831 is right, it's the neighbor's legal responsibility to keep his dog on his property.

 

[Phantom_k9]

@Aapomp831 is right, it's the neighbor's legal responsibility to keep his dog on his property.

Yes, I turn 18 in a month. Just talked with my mom, she doesn't really want to do anything about this. Regardless, I am going to call animal control, see what else I can do. The guy said he would "buy us more chickens" but I think he might need to "buy us a new fence"

These birds are not livestock to us, they are our pets.

 

[9_OddHens]

I agree with @Aapomp831 ... It's the owners responsibility to keep their dog off your property.
I have 4 large breed dogs, and if they leave my unfenced property and go on my neighbors.. My neighbors will shoot them and there would be nothing I could do about it because it's THEIR land, and they are protecting their cattle. Likewise if someone's dog came on my property and attacked my birds I'd be raising holy hell and making them pay for replacements and so on.

I've trained my dogs to stay on our property though... Your 'lawyer neighbor' should have done the same.

 

[Phantom_k9]

Before I call animal control, I don't know if we were suppost to do any sorta of "registration" when it comes to us keeping chickens. IF so, we haven't. Would calling animal control put the whole flock at risk?

 

[drinkoj]

Yes, I turn 18 in a month. Just talked with my mom, she doesn't really want to do anything about this. Regardless, I am going to call animal control, see what else I can do. The guy said he would "buy us more chickens" but I think he might need to "buy us a new fence"

These birds are not livestock to us, they are our pets.

I think you need to follow your Mom's wishes. The guy sounds like he wanting to do the right thing if he has already said he'd pay for your chickens, most jerks don't offer to do that so fast. And you're not going to get a fence from the guy, that's a little too much. Just take a deep breath, it's painful and frustrating but things will work out I'm willing to bet.