Wild Animal Damage / Responsibility

Started by GeriT • 24 replies • 2295 views

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GeriT (Florida)
Posts: 6

Posted:

I live in a samll developement that has recently been invaded by wild pigs. The destruction of these animals has spread into five parcels within the developement. Thw swamp area, where these animals reside during the day, is owned by an individual outside the developement. There are some broken down fences in areas and would like to understand if this individual has any legal responsibility to repair these fences in view of the destruction these animals hasve caused in the developement.

MicheleD (Kentucky)
Posts: 4,491

Posted:

I think a good place to direct this question is to your local zoning office. Or some branch of your local municipality that is responsible for enforcing zoning regulations.

RenaeW1 (Florida)
Posts: 42

Posted:

I would think if he doesn't own the animals, as you said they are wild pigs, that he would not have any responsibility as to what they do or be required to pay for what they destroy.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Michelle,
Wild Boars in Florida are the norm. Only if they become dangerous to the public, can anything be done to remove them. You can repair all of the fences that you feel might help only to come back in the morning and find that the pigs have torn them down. And I have a feeling that the fence that is down is an old farm fence, probably still there from eons back and the lot owner should just clean it up. But if the fence is newer and installed for a purpose, then the owner might want it back up but damage by wild creatures is no ones liabiltiy. The O.P should be happy that it wasn't a 12 foot Gator eating the neighborhood dogs.

BrianB (California)
Posts: 2,820

Posted:

not a lawyer, but i play one

I would think wild boar come under the same heading as javelina, deer, moose, and elk: Acts of God for your insurance company to deal with. that's why you have property damage insurance, for those marauding herds of moose, elk, deer, etc that jump your fence, tear your shed apart, break your car windows, etc..

One way to solve the boar problem would be with a .30-06, then roast the victim slowly over coals for a full day, turning frequently, and marinate with BBQ sauce when done. Mmmmmmmmmmmmmmm

KirkW1 (Texas)
Posts: 1,665

Posted:

First, under no circumstance is anyone under obligation to keep wild animals contained. That is just a given. Having been raised and then later settled in another open range state my thought is, "why didn't you fence them off?"

Now as to what can be done. You could look into fencing the pigs off the property. But understand you may in fact be fighting a losing battle. In fact, I wouldn't put up a singe post before finding out what will even work. I would bet that effective fencing is expensive. The possible (and only a possible) exception would be an electric fence. But understand this means an electrified wire at trip height. Don't do it without something else to keep people from tripping. People in shorts will just really hate you if they get shocked and tripped at the same time.

But if you have the stomach for it, there is a way to deal with the issue. You can in fact kill the pigs. I would seek permission from the landowner of the swampy area to hunt them there. There is no season, or limits on them. No license is needed either.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Brian,

Your solution for the wild pig was the exact same thing my husband suggested. LOL

DonnaS (Tennessee)
Posts: 5,671

Posted:

Oh, you folks from the wild wild west. Ya can't fire a gun within the developement down there in Florida,even if they are threatening you, you better know how to run or carry a big stick. These dang things are feral and not very pleasant but they only come around for food so that is another issue.

RW1 (Texas)
Posts: 149

Posted:

The HOA, if any, is responsible for correcting all damages to the common area(s)and element(s)caused by these animals.

KirkW1 (Texas)
Posts: 1,665

Posted:

Donna,

First, remember if you go out with another person then you need only be able to outrun that person.

But seriously, in addition to a firearm, there are other options to bring about the death of a pig. If you have enough guts you could go native style and kill it with a spear. Otherwise an arrow is pretty quiet. You might be able to build a trap that could contain the pig while not posing a threat to the safety of other "innocent" critters.

(If you have the bucks, you can get a large bore airgun that will take one out. This probably violates a law, as well but might be quiet enough so as to not attract the attention of the police.)

DonnaS (Tennessee)
Posts: 5,671

Posted:

Kirk,

Thanks for all of the options? We have a service called Critter Control and several others. Also the State can come and get rid of them It's called Florida Fish and Wildlife Dept. As we say--let your fingers do the walking(yellow pages).

DonnaS (Tennessee)
Posts: 5,671

Posted:

Kirk,

I'm sure that in Texas, you have dealt with some big and nasty critters. These pigs are big and as nasty as they get. This is not a job for amatures so hopefully these residents don't try to play Daniel Boone and git um. The damages are done and NO ONE is responsible for the damage and requireing the fence to be put back up surely won't stop them from coming back. It was mating season not long ago so we all know that story. LOOK OUT MAMA

KirkW1 (Texas)
Posts: 1,665

Posted:

Trust me, I wouldn't be out there with the spear. And I can't afford a large bore airgun either. (I can't even afford a high quality small bore gun.) I live in the Dallas area so don't deal with a high abundance of wildlife. There was a mountain lion spotted within a mile of my house though. And I may have even heard it but don't know for sure.

I guess I just wouldn't be the one to sit around with the "poor me's" if I were there. If nobody would help, I would look to have a pig roast. But as a teen my dad bought me a rifle to shoot jack rabbits from the porch on just outside town in Wyoming. And that part of me often wants to come out. Thus my desire for a good airgun. Then I could help control the English Sparrow population.

GeorgerwilliamsW (Indiana)
Posts: 975

Posted:

If the solution to this problem hinges on repairing fences--I presume fully functional fences previously prevented the problem that now exists--would not it make sense for the homeowners association to erect fences? Alternately, would it make sense for the association to enable affected homeowners to install fences, absent the ability of the association to do so?

It is unlikely that a landowner has a legal responsibility to maintain fences solely to contain feral animals.

GlenL (Ohio)
Posts: 5,491

Posted:

Instead of a Burmese Tiger Pit, build yourself a Florida pig pit. First you need to dig a hole about 4 feet deep then sharpen about 20 three feet tall poles about an inch around then stick them pointing straight up then cover the pit with small sticks and leaves. One the pig has been caught and removed (it should be dead) backfill the hole halfway and add charcoal to turn it into a roasting pit. Since pigs can't read and we live in a litigious society you should probably post some warning signs to keep children, idiots and seniors away from the pit. (:>

Studies show that 5 out of 4 people have problems with fractions

KarenS11 (Florida)
Posts: 148

Posted:

Although I am usually in agreement with you, BrianB, in this case I think that you are way off base. I would use a dry rub before roasting

KirkW1 (Texas)
Posts: 1,665

Posted:

One thing that has come to my attention:

Evidently some people down in Florida (and Texas) encourage the wild pig population on their property so they can charge hunters to come and shoot them. If the pigs were coming from land such as this and your state is not an "open range" state, then you may be able to claim damages from the owner who was encouraging the pig population.

But I still think my solution would be to look for a method of turning the offending pigs into meat for the freezer. And under the right circumstances I might even decide to risk the offense of discharging a firearm in city limits to make it happen. (But only under very limited circumstance where I know where any errant bullets would stop. And that I was sure a neighbor wasn't going to be video taping my offense.)

DonnaS (Tennessee)
Posts: 5,671

Posted:

Kirk,

Me the NO GUNS person wants to know what the heck these guys would taste like?

GeriT (Florida)
Posts: 6

Posted:

I would like to thank all the replies (humorous and non-humerous) but I think the problem has been resolved.

DwightT (Idaho)
Posts: 664

Posted:

Kirk - the solution to the "discharging in city limits" problem (and a good portion of the "errant bullets" problem) is to take up bow hunting. Just make sure you get it right the first time.

You still have the problem with the neighbor's video camera though.

KirkW1 (Texas)
Posts: 1,665

Posted:

Donna,

I have no problem with those who don't want to own a gun and yet like the taste of meat. I just don't get those who think that the chicken legs just grew like what is seen in the package.

Dwight,

The bow hunting thing is a very good idea. Of course either one should be safe from recording the first time if you work things right. But you could probably repeat the bow thing more times before discovery if you get the carcass out of quick enough. I am thinking that you definitely would want to have privacy fences to hide behind.

I know that there is no way I would trust the arrow enough to be where the pig could attack me should it not get the job done. (But perhaps it would be good for the first shot and have a loaded rifle ready in case...

Geri,

So how did you get the whole thing resolved? And did you get to have a pig roast in the end?

DonnaS (Tennessee)
Posts: 5,671

Posted:

Kirk,
You mean that chicken doesn't grow from styrafoam containers? Humph! And I'm not a veggan. Anyhow, unless you can kill a fast, nasty object with one arrow, those pigs are not something that you would get a second chance with while reloading the bow.

DwightT (Idaho)
Posts: 664

Posted:

You would probably be surprised as to how fast an archer can nock an arrow and let fly, especially when he has the right incentive. But being able to let fly quickly is only part if it. Staying calm enough to shoot accurately while being charged by a wild boar..... probably not even when I did that stuff regularly.

One other advantage of using a bow for this particular problem though: you don't have to worry about the noise from the gun shot attracting the attention of that neighbor with the video camera.

I just saw a news story today where some food bank was turning down deer meat if the deer had been shot with a gun because of lead poisoning from the bullet. Instead they were asking for more bow-hunters to spend a little more time in their stands and bring in the extra meat.

KirkW1 (Texas)
Posts: 1,665

Posted:

Donna,

It isn't the fleeing pig I would be concerned about. It would be the pig that decided to charge toward me instead. Not that I know all that much about hunting pigs. I really don't. I need to find out more though as I found out there is quite a bit of public access hunting near me and pigs sound like a good thing to hunt. The truth is that they really don't belong there anyway. I will have to talk to a ranger at the Corps of Engineer park nearby to find out more about hunting them.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Kirk,
In South Florida, especially all of us building into the Everglades, the creatures are losing their habitat, just like every place else, they then get hungry and when they go for a meal, we are in their way. Do they belong here or do we? How sad is this that most all of these creatures will become extinct because of the greed and expansion of those who want to build just anyplace. Maybe there is extra room in Texas?

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