Other party is claiming an outragious amount in damages.

[quincy]

It's a black lab.

Paying the $1100 to your neighbor might be a way to save your labrador from being killed. Because your dog attacked the neighbor’s chickens and ducks, the dog can now be labeled a “dangerous dog.” The breed of dog is not as important as the fact that it killed domestic animals without provocation while uncontrolled and off your property.

 

[LdiJ]

Is your dog listed on your policy?

A Black Lab is not a dangerous breed. They do however, like to kill fowls.

 

[PayrollHRGuy]

Under MN law your dog can now be classified as a "dangerous dog." I strongly suggest you read the laws of your state.

https://www.revisor.mn.gov/statutes/cite/347

 

[quincy]

A Black Lab is not a dangerous breed. They do however, like to kill fowls.

Under the law in Minnesota, ANY dog can be considered a dangerous dog even if the breed itself is not known for being dangerous. It is what the dog does that makes it dangerous.

 

[Zigner]

Under MN law your dog can now be classified as a "dangerous dog." I strongly suggest you read the laws of your state.

https://www.revisor.mn.gov/statutes/cite/347

I'm not sure that the law requires it be classified as a "dangerous dog". MN law, in many places, differentiates between a "domestic animal" and "fowl". The law (347.50) states that the dog must have "killed a domestic animal without provocation while off the owner's property", and I'm not sure that "fowl" are considered to be "domestic animals".


https://www.revisor.mn.gov/statutes/cite/347.50
Subd. 2.Dangerous dog.
"Dangerous dog" means any dog that has:

(1) without provocation, inflicted substantial bodily harm on a human being on public or private property;

(2) killed a domestic animal without provocation while off the owner's property; or

(3) been found to be potentially dangerous, and after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals.

§ Subd. 3.Potentially dangerous dog.
"Potentially dangerous dog" means any dog that:

(1) when unprovoked, inflicts bites on a human or domestic animal on public or private property;

(2) when unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the dog owner's property, in an apparent attitude of attack; or

(3) has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals.

 

[quincy]

The neighbor is saying that the chickens were pets. A domestic animal is not a wild animal.

 

[Zigner]

The neighbor is saying that the chickens were pets. A domestic animal is not a wild animal.

I don't see "pet" defined anywhere in 347, so I don't see anything that would change the classification of chickens or ducks from that of "fowl".

 

[quincy]

Here is a link to the definition of a domestic animal:
https://www.revisor.mn.gov/statutes/cite/609.599

 

[quincy]

Livestock and domestic animals includes poultry.

 

[LdiJ]

Here is a link to the definition of a domestic animal:
https://www.revisor.mn.gov/statutes/cite/609.599

That section is not the right one for this scenario, and it specifically says that the definition of domestic animal used there applies only to that section.

The section you linked is headed as follows:

609.599 EXPOSING DOMESTIC ANIMALS TO DISEASE.

 

[LdiJ]

That section is not the right one for this scenario, and it specifically says that the definition of domestic animal used there applies only to that section.

The section you linked is headed as follows:

609.599 EXPOSING DOMESTIC ANIMALS TO DISEASE.

PS - I just copied and pasted. It came out that large on it's own...LOL

 

[quincy]

Another link:
https://www.revisor.mn.gov/statutes/cite/35.01#stat.35.01.3

 

[LdiJ]

Another link:
https://www.revisor.mn.gov/statutes/cite/35.01#stat.35.01.3

Ok, Poultry would definitely include the chickens, but I am not sure that it would include the ducks. However, that is a broad definition of a domestic animal that is clearly intended to include farm animals. You have made the argument that says that a black lab would be classified as a dangerous animal because the black lab killed some chickens and ducks. I would be hesitant to go that far without having more certainty.

 

[Zigner]

I might be willing to go along with what @quincy found because the term "domestic animal" is not specifically defined in 347. What gives me pause, however, is that the definitions given at 35.01 state they apply within that chapter.

 

[Zigner]

Ok, Poultry would definitely include the chickens, but I am not sure that it would include the ducks. However, that is a broad definition of a domestic animal that is clearly intended to include farm animals. You have made the argument that says that a black lab would be classified as a dangerous animal because the black lab killed some chickens and ducks. I would be hesitant to go that far without having more certainty.

If the chickens (and/or the ducks) are considered to be under the umbrella of "domestic animal", then the killing would indeed, by law, require the dog to be labeled as "dangerous".