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Some help please

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Sandra090

Junior Member
What is the name of your state (only U.S. law)? KY

Today I went down to the pet shop to take my bird to have it's wings clipped. I walked into the shop and gave the employee my bird and he started opening the cage when the front doors to the shop were wide open. This surprised me greatly, and of course you can expect what happened next. The bird flew right out the front door. No more bird. My family and I are devastated at losing our pet, but we aren't sure what we can do about it. Any advice?
 


latigo

Senior Member
(Goes to show that one shouldn't give just anyone the bird.)

Sorry for that. Anyway, it’s a slam-dunk claim with the least you are legally entitled to recover is the cost of replacing your pet. No room for doubt that the shop employee acted negligently nor that the bird escaping was not a foreseeable consequence of that negligence.

If in removing the bird from its cage the employee didn't think it prudent to take the precaution of first seeing that the shop exists were secure, what might he or she suppose would be the purpose in having its flight feathers clipped?
 

JKBee

Member
I used to own three pet shops. This is totally and completely negligent on the part of that person!

This is what I used to carry some pretty heavy insurance for, but you should get paid the value of this type of bird. Get the value from a pet shop that carries the same type of bird. Pet shop prices are always higher than breeders, and this was a loss from the pet shop. Go to the owner and explain you want to be paid X amount for your bird, which was lost due to their negligence. If the owner refuses to pay you, take this to small claims court. Have a good estimate for the price of replacement from two pet shops, if possible. Then go to a reputable breeder and get a hand fed baby to replace your bird with. If you can't find such a breeder, there are parrot societies, often that do rescue work, and they can point you in the right direction. You might even want to adopt a rescue bird.

You didn't say what kind of bird this was, and so I assume its value between $300-$1,000, which should do fine in small claims court.

Also make sure you take pictures with you to court of your pet. Not only does this make most judges feel kinder about your loss, but it verifies the species that you have lost.

And I sure hope that shop fired that person on the spot! My shops all had special bird rooms with glass sliding doors so no one could escape, my own birds included when they were being showed to anyone wanting to purchase them. Then the front door was always kept closed to double secure the pets. Next time you take your new bird to get it's wings clipped, look for security features like this in the new store you choose. You can also go to a bird vet to have wings, nails, and beak clipped. A little more expensive, but well worth the price of not having this heartache.

You have my total sympathy. Good luck!
 

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