Neighbor's Dogs Killed 18 Chickens

KAG123

In the Brooder
Feb 12, 2017
6
16
14
Flint Hills Kansas
Long time lurker.

(Rural 15ac surrounded by Corp OF Engineer Land) So the wife and I came home Wed (Work for the Army and ride together) to find dead chickens everywhere and 2 dogs (One Pit and the other a blond lab mix) sitting in the front yard with a dead chicken laying at their feet. Got out of the truck, they ran right up to us, very friendly. My wife and I tied the dogs up, they looked well cared for but have never seen them before. We even gave them water as it was warm out. There are Several neighbors 1/2 mile and more up the road. 10 years ago I would have put them down on the spot and not even blinked an eye.....but people change. We are a retired Army family.

Counted the dead and called the sheriff as I know you need a report to even try to get compensation. Took lots of photos. Most of the chickens were Welsummers I special ordered in Feb2017, some Australorp, Araucana, and a Buffs Killed my Welsummer roosters. We had a total of 43 that free range our property. They all just started laying. I had plans to cross breed them to produce Olive Eggers next year. We are living near Fort Riley. I thought Olive Eggs would be pretty cool to start breeding and selling the eggs around here....plus we like chickens and have raised them for years as we raised our 4 boys (only one left at home, our Baghdad baby)

SO sheriff came out, took lots of pictures and tried to find owners to no avail. The two officers took the dogs to town. Before the officers left they said they compensation could include the fair market value plus egg production and cost to replace. About 2 hours later a lady and her husband pull up and she is crying saying sorry for the issue. She said they would pay for our loss but they were leaving the state next week to return to GA. Husband never got out of truck.

So she was supposed to show up last night to make good on damages (I agreed to a very low cost as they are leaving and never coming back and I just want the dogs gone forever). The question is as I prepare to go to the court house and file for loss on them before they leave the state, I want to get a better idea of items to consider in the amount of compensation for filing. I thought someone somewhere on here has been through this. This was both a pleasure hobby activity as well as a way to make the chickens pay for themselves.....or as much as possible. This sets me back a year in my plans. No I do not plan to pen them all up and I want free range and as organic as possible chickens and eggs. I am pretty good at predator control.....well except the neighbors dogs that is.
 
I haven't been through this, but I believe that you are entitled to replacement costs. That would be whatever it costs to replace them with birds of similar age and quality. In general you are not entitled to be compensated for future egg production losses because, theoretically, the new birds will have their entire laying/breeding life ahead of them so you really won't have lost out. The law is there to make you whole again, not set you up better off than you were before. Now, if you can't get birds of similar quality at the same age, then you can be entitled to the cost of raising young birds up to the age of the birds that you lost. If the additional time it takes to raise the birds upsets the timeline of your breeding program such that you realize a loss on that end then you would be entitled to compensation for that.
 
Do as you wish but if the couple are no longer residents of Kansas you will likely need to go to Federal Court to press your claim. The reason is because it then becomes an Inter-State and it is no longer an Intra-State matter. This will also likely involve hiring an attorney licensed by the Federal Court System.

This legal advice is worth what I charged you for it. Keep that in mind.
 
I kind of figured they were trying to drag it out till they can bail. I am filing in small claims court on Monday or Tuesday so the case will be started while they are still here. Then if they leave the state I am hoping there will be something that can be done.....maybe make it such a hassle for them that they make good on the damages their dogs did. Had to put down 2 more today that just were not recovering, internal damage I figure.

I also intend to send a cert letter to their address as a notice of damages and intent to file in small claims court so that there is lots of paper to show I tried to get them before they left.

They already have a court summons for like the 14th of Sept from the County to appear in in court....I guess because the sheriff had to come out and get the dogs and there was destruction of property or something like that. The lady was crying about how they could not afford to come back.....I plan to be there that day and if they do not show, hope that a bench warrant is issued.

Thanks for the advice on potential compensation. At this point I plan to ask for the max.....and then settle for what's fairs but right now the max of nothing is nothing.

I hate this.....insult to injury. Our chickens are not pets per say but we do grown fond of the them as they each have a certain uniqueness to them and we enjoy them.
 
If you can pull it off, ask for money to setup a hotwire perimeter. May be less than cost of replacing birds but will be reducing odds loss will be repeated by others dogs or wildlife.

I have been through such before as have neighbors. Directing expenditures to upgrading defenses should occur before reconstituting flock.

So far you got into it with two dogs you now know.
 
My neighbors' husky got three of my hens. It turns out that she was wearing an electric collar and the circuit breaker popped. Everybody was free ranging in the front yard and from across the street I am sure it looked like an all you can eat buffet. They felt bad and gave me twice as much as I asked for. I am not sure what advice to give you because making it right was important to them and they were not moving. I am going to follow this thread, I want to see how this plays out. (Sorry my post is kind of pointless since I have no advice, but I can relate.)

Long time lurker.

(Rural 15ac surrounded by Corp OF Engineer Land) So the wife and I came home Wed (Work for the Army and ride together) to find dead chickens everywhere and 2 dogs (One Pit and the other a blond lab mix) sitting in the front yard with a dead chicken laying at their feet. Got out of the truck, they ran right up to us, very friendly. My wife and I tied the dogs up, they looked well cared for but have never seen them before. We even gave them water as it was warm out. There are Several neighbors 1/2 mile and more up the road. 10 years ago I would have put them down on the spot and not even blinked an eye.....but people change. We are a retired Army family.

Counted the dead and called the sheriff as I know you need a report to even try to get compensation. Took lots of photos. Most of the chickens were Welsummers I special ordered in Feb2017, some Australorp, Araucana, and a Buffs Killed my Welsummer roosters. We had a total of 43 that free range our property. They all just started laying. I had plans to cross breed them to produce Olive Eggers next year. We are living near Fort Riley. I thought Olive Eggs would be pretty cool to start breeding and selling the eggs around here....plus we like chickens and have raised them for years as we raised our 4 boys (only one left at home, our Baghdad baby)

SO sheriff came out, took lots of pictures and tried to find owners to no avail. The two officers took the dogs to town. Before the officers left they said they compensation could include the fair market value plus egg production and cost to replace. About 2 hours later a lady and her husband pull up and she is crying saying sorry for the issue. She said they would pay for our loss but they were leaving the state next week to return to GA. Husband never got out of truck.

So she was supposed to show up last night to make good on damages (I agreed to a very low cost as they are leaving and never coming back and I just want the dogs gone forever). The question is as I prepare to go to the court house and file for loss on them before they leave the state, I want to get a better idea of items to consider in the amount of compensation for filing. I thought someone somewhere on here has been through this. This was both a pleasure hobby activity as well as a way to make the chickens pay for themselves.....or as much as possible. This sets me back a year in my plans. No I do not plan to pen them all up and I want free range and as organic as possible chickens and eggs. I am pretty good at predator control.....well except the neighbors dogs that is.
 

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