Dog attack

Discussion in 'Predators and Pests' started by jackiesmamachick, Jun 29, 2010.

  1. jackiesmamachick

    jackiesmamachick Out Of The Brooder

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    May 13, 2010
    Ok guys?? need help!!!! this is jackies mum. As some of you know I had a dog come onto my property couple of months ago killed 15 of my laying hens and dislocated legs of 2 ducks (these are my babies) The ducks went to the vet and are better now $350 later. I sent a leter to the women as this is the 3rd time her dogs have done damaged. My guys are in several large paddocks fenced wood heavy mesh wire and electric and he dug under. She says her Attorney says she is not responsible for the vet bills and only $100 for the 15 adult laying hens which I quoted $20 for each hen which I thought was fair price considering the time I had them and they were good breeds. Anyone know the laws if she is responsible for the vet bills too??????All 3 incidences are on file at police station and dog officer has sent letters each time. I don't want to have the dog put down it is the owners fault she needs to keep it under control PLEASE HELP ME!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
     
  2. bockbock2008

    bockbock2008 Why do they call me crazy??

    Dec 30, 2008
    Southwest Indiana
    You will have to check your county or city ordinances. I would think that since YOUR animals were penned on YOUR property. And HER dog came over, dug under the fence and wreaked havoc, she would be financially responsible for any vet bills and for compensation of your lost animals. You might be able to talk to someone at animal control or else hire an attorney.

    Sorry for your loss and repeated trouble with this dog's owner.
     
  3. roverjohn

    roverjohn Chillin' With My Peeps

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    Apr 7, 2010
    KCMO
    The law will likely be that your birds will be worth no more, or less, than fair market value at any time. I doubt fair market value of a duck is $175.00 but who knows. So you'll probably be on your own for the vet bills as I think ducks are viewed as livestock and not companion animals. If you take your situation to an extreme and fly a vet in from Russia, let's say, would the gal next door be liable for the 1rst class airfare? You're in a bad situation because very few people will see your ducks to be as valuable as you believe them to be and the courts act from past experience and accumulated knowledge not just what you think is fair. Hiring an attorney will likely cost more than the vet bill and still get you nowhere. Small claims court where you can represent yourself is probably your best bet as the gal next door will likely not want to rack up attorney fees defending a lawsuit that a judge will want to settle quickly. The sooner you can get past your loss and settle the better off you will be and you will have the lowest costs overall. I know you don't want to hear that but you asked for advice. YRMV though.
     
    Last edited: Jun 29, 2010
  4. Dora'smom

    Dora'smom Chillin' With My Peeps

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    Dec 14, 2009
    Oregon
    I think you need to pursue this. There are threads on this site where people have sued and won what they asked for. You are not asking for a vet to fly from Russia, for goodness' sake! What you are asking for is totally reasonable, actually, you should probably ask for more, since those birds were layers (if I got the story straight) and you are losing the eggs and any income that you would have derived from this or from hatching chicks. You should be compensated, and there should be a clear warning to this person to keep their dog contained or there will at least be financial repercussions. Don't listen to the naysayers. It was wise of you to have documented every attack, and now you have the ammunition to move forward and recoup your losses. That dog should not be allowed to roam, which it's owners are clearly allowing it to do. It won't stop until your birds are gone, and then it will be on to someone else's. You have taken steps to ensure your flock's safety with all the fencing you have, and the dog has clearly found a way around it. It's not that your birds were out free-ranging somewhere or on the road, etc. It's just not right, and I say go for it. I would.
     
  5. roverjohn

    roverjohn Chillin' With My Peeps

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    Apr 7, 2010
    KCMO
    If you think she should pursue this and rack up a legal bill you should at least offer to help pay them or help her raise the money to do so. Additionally, a settlement now represents a precedent that will affect any future action should they be needed. Getting the dog owner to take responsibility now will pay dividends later if it ever happens again.
     
    Last edited: Jun 29, 2010
  6. jackiesmamachick

    jackiesmamachick Out Of The Brooder

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    May 13, 2010
    Thanks for the info. I don't want the dog put down or as some say shot it isn't her fault it is the owners fault. As I said my guys are all fenced in and it still found a way under she says the dog was only playing with them. That was harsh!!!!! It is sad when a chicken or a duck is not worth as much as a dog or cat they still have feelings and I love them as much as my other animals. My daughter and I do special need caps for children(which we do free) with them and alot of the ones that were killed were the friendly ones that we would let the kids hold so they lose out to
     
  7. hudsonhousechicks

    hudsonhousechicks Chillin' With My Peeps

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    Jun 2, 2010
    Austin
    Her attorney "said"? I would like to see documentation of this. She could tell you s/he said anything( if she even has an attorney). I know that attorneys can be expensive but there are resources available. In Austin, TX where I live there is a lawyer referral service through the state bar assoc. I think.

    I called and had a consult, albeit brief (30 min.) with a real estate attorney and it was $20. Period. That was it. They have all different attorneys available I just happened to need an attorney to discuss paperwork prior to purchasing our first home. See if your state bar association can help you out.

    I can see if your pets got under a fence and into her yard but they were not only on your own property but penned up as well. It does not have to be a contentious and confrontational situation, your intention is not to deprive her of her pet or to necessarily punish her but simply for her to be liable and responsible. I'm so sorry to hear about this. I have worked in vet clinics for the last decade and have seen my fair share of killed and mauled pets. I really believe that pet owners should step up and be responsible for the pets they choose to take on. Good luck to you.
     
  8. chicknerd

    chicknerd Chillin' With My Peeps

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    Apr 28, 2010
    NH
    Of course her lawyer said she doesn't have to pay. However, the lawyer is NOT a judge. The lawyer is protecting HER interests. By telling you that, you now have to decide to pursue getting what you think is your rightful compensation or not. Obviously they think what you are owed is not very much. This does not mean you cannot pursue it. I agree small claims court will be best.

    I would also do a 1 hour consult with an attorney. You do not have to hire an attorney for the full court case, but getting advice is a good idea.

    Also, I would ask - what is she doing to prevent it from happening again?
     
  9. calista

    calista Chillin' With My Peeps

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    Jan 27, 2010
    You've received excellent advice about pursuing your case, and I'd like to add the "Injury to Livestock" section at this Dog Law website: http://doglaw.hugpug.com/doglaw_088.html

    In the eyes of the law, injuring economically valuable livestock is traditionally a more serious matter than injuring a person. In at least one state, Minnesota, a dog owner is even guilty of a minor criminal offense - a petty misdemeanor - if the dog kills or pursues domestic livestock.

    The two cardinal rules, which apply almost everywhere, are:
    1. A livestock owner is free to kill a dog that is killing, wounding, chasing, worrying, harassing, or attacking livestock.
    2. A dog's owner or keeper is financially liable for any livestock damage the dog causes.

    In some states, the dog's owner may be liable for double the amount of actual damages. In California, for example, the owner of livestock injured or killed by a dog may sue the dog's owner for twice the amount of the financial loss.77

    Several states have funds to reimburse farmers or ranchers who lose livestock to dogs. The animal owner must file a claim with the state, following procedures set out in the statute.


    I'd also use negative publicity through bringing this to the attention of your local talk radio and TV stations who might be willing to do a story on livestock deaths by dogs in your county.

    Don't give up yet. I'm so sorry you had to go through this and I am INCENSED for you that the dog dug UNDER your fence to get to your birds. [​IMG]
     
  10. jackiesmamachick

    jackiesmamachick Out Of The Brooder

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    May 13, 2010
    Thank-you so much for the info. I am getting fustrated as I have said we rescue alot of different farm animals and I dont blame the dog I blame the owner even though this has happened I still could not shoot the dog because of my love for animals But the owner just dosen't seem to get it "she was only playing with them" But she still killed 15 and injured 2 ducks. I am trying to get as much info as I can for Massachusett's law so I go in with all I need . I was told by dog officer I should go for the lenght of time I owned them and cost of food but I diden't I just want vet bills payed and cost of the chickens I think I am being fair
     

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