Taxidermist threw out my mount. How do I handle this?

[redrock10101]

I am in a situation I did not think I would ever have an issue with. I took a Brewers duck (Mallard/Gadwall Hybrid), about a 1 in 100,000 bird, to a reputable taxidermist in my area. I took the bird in about 2 years ago. The taxidermist calls me about a year ago and tells me that the bird is done and I can come to pick it up. I get there and he has a drake mallard mounted exactly how I had asked, but it was not my hybrid duck. Just a standard mallard. After stating it wasn't mine, I could see he was visibly kind of panicked and he said he must have misplaced it in his freezer and would rush order it and get it done. About another year goes by, have heard absolutely nothing from the guy. I finally called because he never reached out and he told me that he had lost the bird, probably threw it out because he mislabeled it.

If this was a normal bird, I wouldn't really be that upset. But, it is a once in a lifetime bird that I probably won't ever harvest again. When I asked how he was going to fix the situation, he didn't offer anything apart from giving my deposit back. Am I being irrational by feeling as though the guy should at least give me a free mount of some sort? Or literally anything? I haven't ever had this happen and am pretty pissed but I don't know what grounds I stand on to demand anything from him other than making sure I get my deposit back.

Thoughts or opinions?

 

[pods8 (Rugged Stitching)]

I feel like he should throw you a bone but likely you're just boned... makes you wonder if this rare bird was thrown out of someone else has it now.

 

[Jimmy]

Sounds like a crappy situation that there is no good way to resolve it.

Can he replace the bird? No. Should he give you a bunch of money for losing your bird? idk, doesn't seem great either, it was an accident. And like you said he has a good reputation.

 

[SteveCNJ]

Following. I have had a 8 point rack and cape at a taxidermist for 2 years. No return phone calls. I will have to go there to sort it out.

Sent from my SM-S936U using Tapatalk

 

[taskswap]

Old standard contract law rule: an offer made and accepted is a binding contract. But if it's not written down it's a he-said/she-said situation. Given the value of the duck here your best bet would be an attorney. You don't have to sue right away. Decide what you believe a fair outcome would be if it is true that he did throw it out. Ask your attorney to draft a demand letter for that. Sometimes that's enough.

If it's not, you could take him to court. However, given the cost of that route, getting your deposit back might be the best option. To win anything worth bothering with, you're going to have to show damages. To do that, you need to prove the value of the duck, its condition when you gave it to him, and any contractual terms (sounds like there are none) related to how he handled it from there.

Sorry, it sucks, but sometimes a clean exit is the best option even if it's not the exit you wanted.

 

[Jimmy]

If you got a regular mallard, can he ask around and see if someone else got your mixed bird? Idk how many birds he does...

 

[redrock10101]

I feel like he should throw you a bone but likely you're just boned... makes you wonder if this rare bird was thrown out of someone else has it now.

I also was kind of thinking because of the rarity, he might've sold it or something, idk. I don't have an ounce of proof so I will not make that allegation, but it did cross my mind that it could have happened.

 

[redrock10101]

Old standard contract law rule: an offer made and accepted is a binding contract. But if it's not written down it's a he-said/she-said situation. Given the value of the duck here your best bet would be an attorney. You don't have to sue right away. Decide what you believe a fair outcome would be if it is true that he did throw it out. Ask your attorney to draft a demand letter for that. Sometimes that's enough.

If it's not, you could take him to court. However, given the cost of that route, getting your deposit back might be the best option. To win anything worth bothering with, you're going to have to show damages. To do that, you need to prove the value of the duck, its condition when you gave it to him, and any contractual terms (sounds like there are none) related to how he handled it from there.

Sorry, it sucks, but sometimes a clean exit is the best option even if it's not the exit you wanted.

The only "contract" I have is the bill of sale and proof of my deposit on the bird. The paperwork he gave me has the bird and its description and everything and I do have a copy of it. But that is the extent of what I have.

 

[CorbLand]

Isn’t it a federal offense to sell migratory birds?

The question I would have is what do you want for it? A free mount? You’re going to go back to the dude that screwed you originally? Cash? See first question. How much is it worth to you?

Unfortunately, you’re probably going to have to chalk it up to that sucks and move on.

I know a dude that shot a bear that they nicknamed the chocolate Oreo. It was black on the rear and front, with a light, cinnamon color center. From the moment the guy dropped it off at a reputable taxidermist, that he had used for years, the guy offered him all sorts of things to sell. Free mount and straight cash. Magically, it got lost at the tannery. That was 30 years ago.

 

[Turkeygetpwnd38]

It’s really an unresolvable problem. Unfortunately this stuff happens all the time with taxidermist. I’m not sure what it is but the profession attracts sketchy, disorganized folks.
If I was him, I’d give deposit back and a free future bird mount. If I was you, I wouldn’t take him up on it and would let others know what happened (reviews/online) but I’m sure it would just blend in with other complaints.

 

[180ls1]

Mistakes happen. I've even made one once. Hah!

What does not sit right is his avoidance and no effort to make it right. I would probably tell him this is not sitting right with you and see how he responds, that would determine my next action(s).

 

[hikenhunt]

I had a taxadermist that "accidentally" threw out part of my order. I went the credit route and now I have an awful bird mount that reminds me of what I lost every time I look at it. He went out of business about two weeks after I picked up my bird and a bunch of people lost everything. I guess it could have been worse. Not sure I have any good advice for you!

 

[mattflipper]

I’ll throw my 2 cents in.

Getting a free mount would be nice but it doesn’t fix the problem and provide you your bird. If you think it was an honest mistake, and from how you described his panicked actions it sounds like it was, then I’d show some grace and accept it. If this guy is a professional and has a good reputation then I would hope he wasn’t doing something shady that would jeopardize his practice so it seems accidental. Anything more than your deposit back is making him pay for his mistake which was really an accident. I never want to be punished for an honest accident. In the end, I’d give him a second chance and hope that he would do you a solid on the next mount but if he didn’t you’d be no worse off than if you went somewhere else, but hopefully he recognizes the opportunity to help you out.

As a note, I tend to be way too trusting and such but you can’t go wrong taking the high road and showing grace.

 

[HairyScandinavian]

Seems odd that the other Mallard materialized out of nowhere. If he mislabeled it then somebody else has your bird, if not then I smell a rat.

I think you're hosed, just a bad situation. I'd get the deposit back and be sure other sportsmen are aware of the risks via Google reviews and such. Expecting him to pay for a mistake isn't really realistic, it's just a bad situation all around.

 

[Habitat#1]

No way would I wait that long,and if it was trophy set of antlers I would keep until he's ready to mount. Too many POS's out there screwing people out of their animals.

 

[atmat]

I don’t think you’re going to get any money from him nor am I saying you should even try. It’s probably hard to put a dollar value on something like a duck.

But it’s weird to me that lots of folks here are saying “he shouldn’t pay for a mistake.”

Yes, he should. Mistakes happen but it doesn’t absolve you from responsibility. If someone mistakenly crashed into my car I still expect them to fix it.

 

[redrock10101]

For me, I guess it boils down to his apparent lack of concern over it. I really don't care if I got a free mount or anything out of it. It is more the point that he did not offer anything up to remedy the situation. I understand that mistakes happen, accidents happen. But, as a business owner, if I made a mistake such as this, I feel as though I would be doing everything in my power to make it right. Especially when the lively hood of my business literally depends on people trusting me and bringing in other customers. I would think if word got out that I accidentally pitched someone's animal out and then didn't do anything about it, it would be pretty bad for business. Maybe that is just my view of the world, Idk!

 

[Dexter Grayson]

Buy a brewers duck from an aviary and make him mount it for free. I know it’s not the same duck you killed but I believe it’s the best option if you want a brewers on the wall.

 

[Idaboy]

Sounds kinda like BS story from him

 

[JFK]

For me, I guess it boils down to his apparent lack of concern over it. I really don't care if I got a free mount or anything out of it. It is more the point that he did not offer anything up to remedy the situation. I understand that mistakes happen, accidents happen. But, as a business owner, if I made a mistake such as this, I feel as though I would be doing everything in my power to make it right. Especially when the lively hood of my business literally depends on people trusting me and bringing in other customers. I would think if word got out that I accidentally pitched someone's animal out and then didn't do anything about it, it would be pretty bad for business. Maybe that is just my view of the world, Idk!

They don’t follow normal, common sense business practices. Unless you know them personally, treat them with the same level of suspicion as your run of the mill tweaker. I have used a taxidermist twice. The first was an absolute nightmare. Similar to yours. Lost the cape, never got my mount, lied for two years, never got my deposit back. The second was great. In talking to people it seems like there are far more bad ones than good ones.