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Dog kills chickens

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awhit

Junior Member
From Texas,

I had two dogs get out of kennel, they went a coule blocks down and killed some chickens. I cooperated with law enforcment and retrieved the dogs, I had tried to settle the matter with the owner of the chickens he insisted on going to small claims court. I am by no way trying to fight the situation, my dogs got out and killed the chickens, how may I help settle the case for the price of the chickens. I have got prices of the chickens, both grown and as chicks, added the cost of feed with the chicks to return to the state they were when killed. The chickens have never laid eggs, What do I need to get together so I do not have to pay way over the amount than what they are worth.
 


justalayman

Senior Member
I'll try to do some research on this but paying way more than the cost of farm animals is not unusual when you are liable for their deaths.

what is the owner demanding you pay and what have you offered?
 

Antigone*

Senior Member
I'd advise doing taking the research on the cost of chickens with you to court. I also advise you taking your checkbook with you to small claims court. Get it done and over with. Let the judge decide what is fair.
 

justalayman

Senior Member
I'm trying. Texas statutes are not my favorite to research. They are in Texas logical order which simply means; their order makes little sense to anybody not from Texas.
 
Your main point will be that you made an offer to pay for the damages. The owner, if I read your post right, never asked for a specific damage even though he refused your offer.

That is important as otherwise you might end up being hit with court costs. If this could have been settled without coming to court, the Judge won't be as happy.

As a staple of common law, you can not profit from a tort. The owner can only claim for actual damages. That would include the cost of replacements, any damage done to the chicken run, and any lost profits that might have been realized. Unless the chickens were house pets, I don't see any emotional damages.
 
fortunately, in small claims court in Texas, you can't be held liable for either puntative or emotional damages. Thus, you'll be required to pay the replacement cost of the chickens (in other words, what it will cost him to replace the chickens). You will not be required to pay lost profits.

You will not be required to pay attorneys' fees, although you may have to pay the court costs.

The judge will do what's fair. Be organized, have some authority to support the values you have suggested for the price of the chickens.

Were the chickens fenced? If so, and the fence was damaged, have a quote to support those costs, too.
 

Indiana Filer

Senior Member
You're fortunate your dogs survived. It's legal to shoot dogs when they are killing livestock.

Get a better fence for your yard so that your dogs (and the other animals in the area) survive.
 

justalayman

Senior Member
finally found the actual statute:

§ 822.013. Dogs or Coyotes That Attack Animals

(a) A dog or coyote that is attacking, is about to attack, or has recently attacked livestock, domestic animals, or fowls may be killed by:

(1) any person witnessing the attack; or

(2) the attacked animal's owner or a person acting on behalf of the owner if the owner or person has knowledge of the attack.

(b) A person who kills a dog or coyote as provided by this section is not liable for damages to the owner, keeper, or person in control of the dog or coyote.

(c) A person who discovers on the person's property a dog or coyote known or suspected of having killed livestock, domestic animals, or fowls may detain or impound the dog or coyote and return it to its owner or deliver the dog or coyote to the local animal control authority. The owner of the dog or coyote is liable for all costs incurred in the capture and care of the dog or coyote and all damage done by the dog or coyote.

(d) The owner, keeper, or person in control of a dog or coyote that is known to have attacked livestock, domestic animals, or fowls shall control the dog or coyote in a manner approved by the local animal control authority.

(e) A person is not required to acquire a hunting license under Section 42.002, Parks and Wildlife Code, to kill a dog or coyote under this section.
it almost sounds like the chicken farmer can walk over and shoot your dog. I would hope not but it does state that any dog that has recently attacked...maybe killed.

So, what did the guy say he wanted for the chickens?
 

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