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Other party is claiming an outragious amount in damages.

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Hunterman

Junior Member
Minnesota
My dog got loose, made it to the neighbor's property, got into a chicken coop that had been left open and killed 5 chickens. These chickens were about a year old and the family considered them to be pets. The neighbors immediately took to social media showing a video of their little boy crying about what had happened to his "birdies" and the tone and vile in the social media posts showed that they were extremely angry. I was fearful of going over there, but I went to apologize and offer to pay for the damages. They said they would get back to me. These are ordinary chickens. These chickens are usually $3-5 when they are young. Grown chickens can sell for $30-50. When they got back to me they said that the cost was $2,000. They also said that I could probably claim the cost on my homeowner's insurance. When I asked how they got to that number they said they had added the cost of the chickens when they bought them (they were hatchlings), the cost of the feed for the last year, an hourly cost that they think they should get compensated for the time they spent raising the chickens since they got them, the cost of electricity to keep the chicken coop warm in the winter, and pain, suffering and trauma. I was fully prepared to pay $50 for each chicken. They are asking $400 per chicken. I feel terrible about the dog killing their chickens, but I think they are asking way too much for damages. Any advice on how to proceed would be appreciated. Thank you.
 


adjusterjack

Senior Member
My dog got loose,
Negligence on your part for not keeping your dog under control.

I was fully prepared to pay $50 for each chicken.
Then offer them $50 per chicken and invite them to sue you if they want more. Make sure you get them to sign a release if they accept the money.

I doubt that any judge in small claims court will award them much more than that.

Otherwise let your insurance company handle it.
 

not2cleverRed

Obvious Observer
Due to current hatchery shortages due to avian flu, your figure might be low.

Their figure is high - but you could spend that much in time fighting it, legally and socially.

Teach your dog to stay in your yard or put up more secure fencing. The chickens were on their owner's property. your pet wasn't.
 

quincy

Senior Member
The biggest worry might be a decision that the dog is a nuisance and should be killed.

If the owner of the chickens filed a written claim for damages with the town/city clerk, there is a limitation on the amount that can be recovered for the chickens. Under Chapter 347, section 347.15, Subdivision 4, the amount of damages that can be recovered shall in no case exceed $3.00 for each fowl.
 

adjusterjack

Senior Member
the amount that can be recovered for the chickens. Under Chapter 347, section 347.15, Subdivision 4, the amount of damages that can be recovered shall in no case exceed $3.00 for each fowl.
The neighbor would have to call fowl on that. (foul) Ha Ha.
 

Hunterman

Junior Member
The wording on that statute has me confused. Is that the amount they can collect from a fund each county has or is it a limitation on what they can collect from other citizens?
I also read that people only have ten days from the incident to report it so that they could collect.
 

quincy

Senior Member
The wording on that statute has me confused. Is that the amount they can collect from a fund each county has or is it a limitation on what they can collect from other citizens?
I also read that people only have ten days from the incident to report it so that they could collect.
The damage award limit applies to the criminal complaint that can be filed with the town/city. A petty misdemeanor conviction can result.

The damage limit does not apply to a civil action, where the chicken-owner potentially can ask for, and potentially be awarded, greater damages. The chicken-owner would need to show support for the amount being asked.
 

Hunterman

Junior Member
Update. The neighbor has reduced his estimate to $75 per chicken and $325 per pair of ducks (the ducks were news to me). However, he's now saying there were six chickens and four ducks. That's a total of $1,100. I have filed a claim with my insurance company.
 

Just Blue

Senior Member
Update. The neighbor has reduced his estimate to $75 per chicken and $325 per pair of ducks (the ducks were news to me). However, he's now saying there were six chickens and four ducks. That's a total of $1,100. I have filed a claim with my insurance company.
What kind of dog is it?
 

quincy

Senior Member
Update. The neighbor has reduced his estimate to $75 per chicken and $325 per pair of ducks (the ducks were news to me). However, he's now saying there were six chickens and four ducks. That's a total of $1,100. I have filed a claim with my insurance company.
Although filing a claim with your insurer could have been smart, you might find that your dog’s damage to your neighbor’s property (i.e., the killing of the chickens, ducks) isn’t covered by your homeowners insurance - and your insurance premium might be increased because of your dog.
 

Zigner

Senior Member, Non-Attorney
Update. The neighbor has reduced his estimate to $75 per chicken and $325 per pair of ducks (the ducks were news to me). However, he's now saying there were six chickens and four ducks. That's a total of $1,100. I have filed a claim with my insurance company.
Why don't you offer to buy the animals for him?
 

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