Need help calculating the cost of lost chickens PLEASE!

[Momma on a Mission]

Get animal control involved if you must. She will be singing a different tune when they show up to take her dog away.

 

[dainerra]

I just found out last night while researching something else that VA has a limit on the compenstaion amount for poultry killed by a dog - $10 per bird. I don't know if any other states do.

I talked to a ag rep in town and was told, for arkansas, that you can only include the cost of replacing the bird itself. Nothing for feed/growing a chick or for lost eggs. Of course, that is only if you go to court. You can ASK for anything you want...

 

[Sonoran Silkies]

Some brds are worth far more than others. The idea of checking out Craigs List for comparable ones is a good idea if your birds are feedstore/hatchery production birds. If you have show birds, heritage birds, rare breeds, etc., that will not give you a good estimate for replacement costs. I would be very surprised if a court ruled that you should be paid for eggs your bird might have/would have laid. If you get the cost of a comparable replacement, that replacement bird should be providing the eggs that you would have/should have gotten, and to be paid for the eggs as well is redundant. However, do ask to be compensated for the damage done to coop, fences, etc. And if you or your children were traumatized, be sure to include that. Chances are that an adult would not be given an award for being traumatized, but a child very well might.

FOr the $10 per bird in VA, are you sure that is a maximum rather than a minimum?

 

[Ole rooster]

No way would I ever consider 'how long would she lay'? Naturally assume she is a healthy pullet and at the least would have a solid 2 year life of wide open laying. As we know here some go longer but two years for sure. Nothing I know of which has a value placed on it is calculated like that.

 

[OldGuy43]

Seems to me that I read somewhere that a hen averages 700 eggs in her lifetime. If your neighbor has homeowners insurance that may cover your loss.

 

[mythkat]

Yes, you can ask to be compensated for lost future production and feed consumed by the birds for seven months but you will have to go to small claims court or civil court as these are damages not replacement costs. Ususally, at the court's discretion, you can ask for 2-3 times the loss.

 

[dainerra]

Quote:
§ 3.2-6553. Compensation for livestock and poultry killed by dogs

Any person who has any livestock or poultry killed or injured by any dog not his own shall be entitled to receive as compensation the fair market value of such livestock or poultry not to exceed $400 per animal or $10 per fowl if: (i) the claimant has furnished evidence within 60 days of discovery of the quantity and value of the dead or injured livestock and the reasons the claimant believes that death or injury was caused by a dog; (ii) the animal control officer or other officer shall have been notified of the incident within 72 hours of its discovery; and (iii) the claimant first has exhausted his legal remedies against the owner, if known, of the dog doing the damage for which compensation under this section is sought. Exhaustion shall mean a judgment against the owner of the dog upon which an execution has been returned unsatisfied.

Local jurisdictions may by ordinance waive the requirements of (ii) or (iii) or both provided that the ordinance adopted requires that the animal control officer has conducted an investigation and that his investigation supports the claim. Upon payment under this section the local governing body shall be subrogated to the extent of compensation paid to the right of action to the owner of the livestock or poultry against the owner of the dog and may enforce the same in an appropriate action at law.

forgot to add: you can't legally claim pain and suffering for the death of a pet. There IS new case law in Texas allowing a case to go forward to SEEK pain and suffering in the death of a dog, but that is a first of it's kind situation and still may be overturned on appeal. Everywhere else, pets are considered physical property and you can NOT seek compensation beyond the proven replacement costs pf the animal.
If you have a "run of the mill" hatchery bird, then a quick search of craig's list or the local paper is the research the court will do. If you have a more expensive breed, you had best be able to prove it through original purchase receipts or similar.
http://www.whas11.com/home/Dog-owners-can-sue-for-sentimental-value-of-pet-in-Texas-133435188.html

 

[OldGuy43]

Or you could go on Judge Judy and who knows how much you could get?

 

[dainerra]

Judge Judy scares me...

 

[Ragdollcatlady]