Neighbors dogs got my birds, how much should he pay to replace them?

[rancher hicks]

Quote:
On the contrary "Attractive nuisance" laws are there to protect children who at any age need to be protected. Small children of course should be properly supervised. I had a dd who at two got out and wandered around the corner. It was of course the first and last time. I had another who in an instant wandered away in the mall. Children need to be protected from themselves.

Further it isn't necessary to have a dog that bites to deter problem people.

 

[Waldo]

I was recently taken to court for shooting a dog in the foot that had come into my yard in an enclosed area and killed many of my chickens. Had prevously taken some dead chickens to owner and asked them to tie the dogs up, or some way keep them off my property. Which they did fence them in after getting a warrent for me, And calling police out at the time. In court the judge told them they were responsible for the control of the dogs at all times, as we were to be for our birds. But if they killed or bothered our chickens we had a right to kill them if in our own yard. Since they erected a fence we have had no more problems. We told the people and the judge if anything we ever own crosses the road onto anyones property they can shoot and nothing will ever be said about it. We don't have dogs for that very reason, but have stepped in a lot of dog poop in our front yard.

 

[DebsChicks]

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I think he got her to breed with Luke, as she became pregnant soon after they got her. She had the puppies, but I never saw them as she stayed in the doghouse they had originally built for Luke. A day or so after they were born, they set up a makeshift fence around the doghouse, presumably, I think, to keep Luke from bothering the puppies. However, I never saw any of the puppies and in about a week or so, they took the fence back down. Having never seen nor heard the pups, I eventually asked the girlfriend what happened. She just said they died.

After the incidents with our animals, I'm thinking she probably killed them herself. Being aggressive toward other animals, she probably turned on them. She was never aggressive with Luke, but he was much larger than she....and she was quite large herself. It horrifies me to think she probably killed them. I've no idea where he got her from

 

[omnislash]

Hey everyone, thanks for all the info. To the people who said that I should take some of the responsibility for the birds death. Your not my neighbor are you????? Yes the birds were in my own yard. Here in Tennessee we have a leash law that says that no dog shall run free at anytime PERIOD. He admitted to letting his dogs out, saying "they need to run sometimes" We've had trouble out of his dogs before, nothing we could prove and he always denied it. When the dogs heard us coming they ran back home. When the neighbor answered his door he said it couldn't of been his. He took us in the back yard where he said they had been all day, and they had 2 whole dead chickens and part of another. The other dead were found scattered around my yard. I do like to let my birds out to free range, and won't keep them locked up all the time. But I only let them out when I will be outside to take care of them for this reason. I've checked my local laws and I can shoot his dogs if they come in my yard again. I don't want to kill his pets, but those birds were important to my family. My husband is a nursing student and I am between jobs, and the chicken and duck eggs help feed my 4 kids everyday. I've been pricing the birds for the same age and type, it comes up to $140! He said he has a friend who runs a hatchery and he thinks he can get me the same birds of the same age for less from them. Anyone know anyway to tell how old a chicken is? I have no idea how he is going to replace the ducks, I can only find them online for a very high price. Once again thanks to everyone for the sympathy and help.

 

[Zahboo]

In my opinon, you did your job, you kept your birds on your property. If everyone would keep their pets on their property there wouldn't be an issue. If you were trying to get Mr. Red Tailed Hawk that swooped down and killed a bird that'd be different, but this is a person that knows that the responsibility of owning a dog includes containment.


Also to the people saying dogs don't get out vs they do. Of course they can get out! Should they? No, but they do. This can sometimes be prevented but not always. But irregardless if the gardener didn't latch the gate or the dog climbed the chainlink, it's still the owners responsibility to pay for any damages the dog creates.




I wouldn't break his bank over birds at once, don't expect them all in one shot. If he can get birds cheaper AWESOME. Judge age by feathering and comb.

 

[alicefelldown]

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Were your chickens hatchery quality or breeder quality? If hatchery, then like for like should be fine. However, if my neighbors dog came and killed my breeder Ameraucanas or Orpingtons - I would not be satisfied being low-balled with hatchery 'mutt' birds. Some people don't know the difference, so be prepared to explain if you need to.

He needs to replace or pay cash for the loss of the ducks - did you pay the high prices you see online now when you bought them? And bonus - he's already offered to do so. You don't have to go crazy charging him to the penny, if you feel comfortable charging him, say 80% of the cost for the new pricey ducks than so be it. No sense in making enemies.

 

[omnislash]

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I hadn't thought of that, my ducks and banty roo came from a feed store. I bought my light brahmas from a local women who only breeds and raises light brahmas. Definitely not hatchery chicks, they were the healthiest chicks I've ever raised. I've contacted her and she wants $25 each for pullets that were hatched the same time as the ones she sold me. I think I'd have a hard time explaining to the neighbor the difference. First he kept saying that he could just get some "plain old laying hens". Still haven't gotten any times on when to expect the replacements. I haven't ordered the ducks and am still looking around to find them locally.

 

[sommrluv]

Write him a polite, but firm letter. Detail to him exactly what chickens were killed, and the breeds, and not that you want replacement in kind, or reimbursement of the cost of a chick plus feed to get the point your chickens were at.

Give him the breeders contact info, etc, or give him a ballpark of what he can pay you so you can get them.

Also, tell him you want this done by July 20th, (or pick another date) and that you're happy you could come to an agreement and continue to have a nice neighborly relationship.

If by 5 days or so after the date you picked, you don't have chickens, write him another letter telling him of your intent to file in court for your losses, and that he would be responsible in addition to court fees. Also, right this moment, visit your local police station and have it put on file that those dogs killed your chickens. Nothing will happen to the dogs and make it plain at this time you don't want to press charges, but you might need the documentation later.

 

[bakerjw]

I would certainly get AC involved just so there is a record of the event. I've learned this from my cycling experiences. I even have AC for the surrounding counties on speed dial on my phone just for the purpose of reporting aggressive dogs.

It is great that your neighbor wishes to make right on what happened. If they can get quality replacement stock from a breeder that they know then good. But I would want to go check out the breeders facility before agreeing to that deal. It might just be cousin Cletus up in the holler that raises mutt chickens.

 

[Chickengal505]

Chillin' With My Peeps
From: Minnesota
Registered: 08/05/2007
Posts: 165
PMRe: Neighbors dogs got my birds, how much should he pay to replace them?Well... you say the birds were supposed to be locked in their coop which is
inside the fenced chicken yard.
But they were not..... If they were in there, you'd probably have no losses.

There seems to be fault on both ends.
The neighbor was at fault because his dogs were roaming off his property.
You were at fault for an oversight which allowed a lapse in your birds security.

Back off okay things happen! Mean people... sorry i know most of you arn't mean at all... She said dogs arn't alowed to roam free. Id call the police of the ASPCA and show them the damage done to your flock really its not fair to blame the dog but the owner needs to have his dogs taken away. call them a public nusisn (misspell alert) But its unfair for you to be scared of your own property!​