When Dogs Harm Livestock
Clashes between dogs and chickens, horses, goats, and other animals are a common problem in Alabama, leading to losses of beloved lives as well as of animals relied upon for food and income. There is a lot of false information repeated on social media regarding this topic which can lead to legal issues for the people involved.
What Are Your Rights?
Alabama law makes clear that you may protect yourself, other people, and your animals from immediate threats to a person or animal on your own premises. Residents do not have the right to harm a dog simply for being on their property, as revenge for harm done, or in most other circumstances. See Right to Defend for more on your legal rights, responsibilities, and guidance for commanding or startling a dog to encourage him to leave.
The Dog Owner is Responsible for Damages
(If the dog is unowned or you cannot identify the owner, there is no one to hold responsible for the loss. Your best option to prevent further harm to your animals and to possibly help the dog is to either (a) follow the guidance at Lost, Stray, or Abandoned; take the dog to the pound, if your area has a pound; or confine the dog, if possible, and ask law enforcement to impound.)
When a dog is away from the owner’s premises and injures or kills livestock, Alabama Code § 3-1-6 holds the dog owner liable for the damages. This process requires that the dog owner be identified, whether by you or by a law enforcement officer or municipal agent. If the evidence is deemed sufficient, the dog owner will have the option to reimburse you or to contest the claim before a judge. In the event of a second incident involving the same dog, § 3-1-1 holds the owner liable for twice the damages.
If your area requires pet owners to confine their dogs to their own premises, it may be possible to also hold the owner responsible for the at-large violation. You can report both violations at the same time.
How to Report Harmed or Killed Livestock
These are the steps to take to report :
- Report the incident as directed at How to Report an At-Large Dog; the only difference is that you will state that you are reporting a violation of § 3-1-6 instead of or in addition to Dogs-at-Large.
Your report creates a contemporaneous and official record of the occurrence. It may also prompt a visit from the animal control officer to attempt to speak with the dog owner. Even if the situation appears to be resolved at that point, or if you choose to take no further action, the paper trail may be important in the event of future incidents.
- Show the owner evidence of the harm done by his dog and ask for reimbursement in accordance with Alabama law.
- If the owner does not reimburse the loss, press charges.
This route puts the case in the hands of the district attorney’s office. There is no cost to you as long as you follow through, such as by testifying in court if asked. Your other option for recovering damages is to file a case in Small Claims Court.
How to Determine Damages
If you seek reimbursement for the damages caused by a neighbor’s animal, you’ll need to determine a fair amount. Livestock valuation for legal purposes is generally what it would cost to replace the animal. If the animal was injured, the calculation may be based on the value lost due to the injury. For a more thorough discussion, see this attorney’s explanation. As an alternative or in addition, you might ask for reimbursement of veterinary costs or for supplies needed to repair a coop or fence.