Colorado Liability??

[COSmallAcreFarm]

Our neighbors have free range guinea hens that like to fly over the fence onto our property. Today we found a dead one (only a few months old) on our property. They are accusing our dogs of killing it and threatening to press charges.

Our dogs have never attacked our chickens/ducks. They have herded them back into their fenced area, but never attacked them.

Are we liable if our dogs kill their fowl on OUR property?

I know if our dogs get onto their property, we are liable and they can kill the dog. Can they kill our dog on our property if the dogs are harassing the guinea hens on our property?

If you know the statute, please cite the specific Colorado Revised Statute.

Thank you!

 

[ThracianHorse]

Pretty sure that's a no. That's a risk of free-ranging. They were on your property. Like other livestock, it's their job to keep them fenced in. Take pictures and document what they said if they decide to try to make good on that threat. (Even if they took you to court, the judge would laugh them out the door).

If they kill your dog on your property, they are very, VERY liable, and could not only be held responsible for a bunch of things depending on the area (animal cruelty charges, among other things), but also and most certainly, trespassing.

My advice? Time to set up a CCTV security system in case they try anything.

 

[BlueBaby]

When people free-range they are taking their chances on thing's like this happening. Since they few over the fence and into your yard, I don't think that you should be held responsible for your dog's killing them. I feel that if they want their bird's to live so bad, then they need to be the one's to contain them in their own yard so that it can't happen.

 

[centrarchid]

Find the equivalent of the following link for Colorado.

https://extension2.missouri.edu/g453

From what I can gather so far, event OP described is in a gray area of the law here. A couple years ago my dogs killed a couple of the neighbors chickens when they were not on the neighbors property. My dogs go over to kill neighbors chickens that are on another neighbors property, then dogs come back to guard my chickens. With my situation, if killing were to occur on my property, then I could reasonably state the neighbors flock were either presenting a biosecurity risk or degrade value of breeding stock by producing offspring with my purebred stock on my property, also a form of contamination.

 

[21hens-incharge]

I am in Colorado too.
It looks like the rules vary by city and county.
Very frustrating digging through all the government pages for sure.

What county are you in?

 

[centrarchid]

Check this out.
http://doglawreporter.blogspot.com/2012/11/livestock-guard-dog-exclusion-from-dog.html

The guineas are like the bicyclist. The OP's dogs are like the LGD's in the example. Then you come down on how the courts characterize the OP's dog and the neighbor's guineas.

 

[COSmallAcreFarm]

We are in unincorporated El Paso county.

I am in Colorado too.
It looks like the rules vary by city and county.
Very frustrating digging through all the government pages for sure.

What county are you in?

 

[COSmallAcreFarm]

There is no evidence that our dogs killed the hen. Both are Livestock Guardian Dogs for our flock.

When people free-range they are taking their chances on thing's like this happening. Since they few over the fence and into your yard, I don't think that you should be held responsible for your dog's killing them. I feel that if they want their bird's to live so bad, then they need to be the one's to contain them in their own yard so that it can't happen.

 

[centrarchid]

There is no evidence that our dogs killed the hen. Both are Livestock Guardian Dogs for our flock.

If like my dogs, then they will have no trouble discerning birds not belonging on your property. Birds being a different species makes it even easier to discern.

 

[21hens-incharge]

We are in unincorporated El Paso county.

Well I can certainly see why you came to us for answers....

Everything I can find is about dogs not livestock or birds.


I do think their bird in your yard is "animal at large" and you are not liable but courts couldn't care less what I think.

I think if they shoot your dog in your yard they would be guilty of many things including....
Discharging a firearm within X distance of a residence
Reckless endangerment
Trespassing
Cruelty to animals
And many other violations.

I will dig more tomorrow.....