Colorado Liability??

[COSmallAcreFarm]

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.....

Thanks! I've been doing lots of searches, including on the fence/open range laws, but can't find anything on the situation.

 

[blackandtan]

I have no advice but wish you luck!
And I’m so thankful I’m far in the country!

 

[21hens-incharge]

Thanks! I've been doing lots of searches, including on the fence/open range laws, but can't find anything on the situation.

Yeah I looked there too and came up empty.

Might have to call animal control and ask them a few hypothetical questions.

 

[centrarchid]

Thanks! I've been doing lots of searches, including on the fence/open range laws, but can't find anything on the situation.

 

[ValerieJ]

Thanks! I've been doing lots of searches, including on the fence/open range laws, but can't find anything on the situation.

Because this neighbor is making threats, I would have a consultation with an attorney. Not to sue or press any charges, but to get the facts. That is if you cannot get this answer from Animal Control. I'd go there first.

 

[COSmallAcreFarm]

The appellate court ruled in favor of the bicyclist as the property where it happened was argued that it was not under the control of the dogs owner. Our dogs were on our owned property, so the courts would(should) rule in favor of us per

CRS 13-21-124.
(5) A dog owner shall not be liable to a person who suffers bodily injury, serious bodily injury, or death from being bitten by the dog:
(f) While the dog is working as a hunting dog, herding dog, farm or ranch dog, or predator control dog on the property of or under the control of the dog's owner.

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]

Thank you all! I called Animal Control and got an answer (Thanks for the suggestion!)

She has a duty to look over her hens and if my dogs end up injuring and/or killing her animals on our fenced property, then we are not liable. It is slightly different if it is unfenced property due to Colorado's open range / fence law.

 

[21hens-incharge]

Thank you all! I called Animal Control and got an answer (Thanks for the suggestion!)

She has a duty to look over her hens and if my dogs end up injuring and/or killing her animals on our fenced property, then we are not liable. It is slightly different if it is unfenced property due to Colorado's open range / fence law.

I am glad you got an answer.

Did they answer about the neighbor possibly shooting your dogs on your property?

I had wondered if the "fence out" applied and how on earth it would be done to keep birds out.

 

[COSmallAcreFarm]

I am glad you got an answer.

Did they answer about the neighbor possibly shooting your dogs on your property?

I had wondered if the "fence out" applied and how on earth it would be done to keep birds out.

Yes, if she harms my dogs on my property in anyway criminal charges can be pressed against her.

 

[21hens-incharge]

Yes, if she harms my dogs on my property in anyway criminal charges can be pressed against her.

Good!

Although I own chickens I also own dogs.
I would be extremely upset if the laws said a trespassing bird being killed by my dog on my property made it legal for the bird owner to come over and shoot my dog.