Colorado

Summary: In 1974, the Colorado Department of Health adopted certain regulations, the conceded effect of which is to prohibit importation of pets for resale from states whose licensing laws and regulations for commercial pet dealers are not as stringent as those of Colorado. The regulations exempt from this prohibition persons who import pets not for resale and exclusively for breeding purposes or for personal use. After the regulations were upheld by the Denver district court, the plaintiffs, who are commercial pet importers, brought this appeal. The court found these arguments to be unpersuasive and, accordingly, affirmed the judgment of the trial court.

Summary: In this Colorado case, the owners of a thoroughbred racehorse brought a negligence action to recover for injuries to his horse against the corporation that  installed underground pipe on property leased by plaintiffs. The lower court entered judgment on a verdict awarding damages to plaintiffs. On appeal, this court held that the evidence of negligence and contributory negligence was sufficient for jury where defendant physically left an unfinished project for two months where the horse was injured. Defendant still owed a duty of care that it would have owed as contractor. However, plaintiffs were not entitled to damages for care and feeding of injured horse.

Summary: Cattle owners sued the state and its agricultural commission for negligently performing the duty to use proper steps to prevent the spread of a contagious disease after they bought dairy cows at a sale that subsequently infected their herd. The owners were forced to sell their herd of dairy cows. The Supreme Court held that the owners could recover the difference between fair market value of their herd before and after it contracted the disease, loss of profits due to diminished milk production from cows before sale, value of silage or feed that had been contaminated, and reasonable costs of disinfecting the farm, but not for loss of profits for the dairy operation after they sold the cows, or loss of progeny.

Summary: In order for liability to attach in an action for damages for personal injuries resulting from a dog attack, defendants had to have notice of the vicious propensities of their dog.  Even though the dog had never attacked a person before, a natural fierceness or disposition to mischief was sufficient to classify the dog as "vicious."  Finally, it is permissible for the jury to consider the loss of earning capacity of plaintiff resulting from the injuries as an element of damages.

Summary: While participating in a bicycle race on Forest Service lands, plaintiff (Legro) was attacked seriously injured by defendants' (Robinsons') dogs. The Robinsons held a grazing permit from the Forest Service for the land where the injury occurred and the dogs were acting as predator control dogs there. On appeal, this court agreed with the lower court that the Robinsons were landowners for purposes of the Premises Liability Act (PLA) and this did in fact abrogate the plaintiffs' common law claims. However, as a matter of first impression, the court  determined that the PLA does not abrogate the statutory dog bite claim. As to the predator control dog exception, the court found that while the dogs were working as predator control dogs, the issue is whether the dogs were on property "under the control of" the Robinsons at the time. Under these facts, a grazing permit, without more, does not establish control for the predator dog exception of the dog bite law.

Summary: In this Colorado case, an inexperienced horse rider who was injured in fall from horse during a horse roundup, brought an action under the Colorado Equine Activities Statute against the owners of riding stable. The lower court, after a jury trial, entered a judgment for the stable owners. On appeal at the Supreme Court, the Court found that the Equine Statute places a two-pronged duty on sponsors; a sponsor is liable when he or she fails to make reasonable efforts to determine either a participant's ability to engage in the equine activity or a participant's ability to manage a particular horse. Here, a new trial was in order because the result may have been different if court had properly instructed the jury regarding the exception from civil liability for the sponsor.

Summary: In this Colorado case, the defendant was convicted in the county court of keeping dogs in a residential zone in violation of zoning ordinance.  The question before the court was whether section 2-3(3)(a) provides ascertainable standards which can be constitutionally enforced by the zoning administrator.  The court held that the ordinance is sufficiently specific to pass constitutional muster.  The Court also held that the zoning ordinance relating to accessory uses allowed in residential zones provided sufficient guidelines for it to be constitutionally enforced by the zoning administrator and that the municipality had not delegated to the zoning administrator the authority to determine by regulation the number of dogs which may be kept in a residential zone as an accessory use. 

Summary: This set of Colorado rules concerns wildlife rehabilitation licensing. Requirements for wildlife holding enclosures are outlined. The care, treatment, and disposition of wildlife requirements are detailed as well as provisions for releasing wildlife.

Summary: This set of regulations comprises the Colorado Department of Natural Resources general rules for the importation, transportation, possession, and release of terrestrial wildlife.

Summary: (Per introduction to regulations). In this introduction to chapter 11 we outline possession requirements for live wildlife as found in Colorado wildlife law. There is growing interest in the private possession of live wildlife. At the same time there is considerable confusion over the laws regarding such private possession. Colorado wildlife law generally prohibits the importation, live possession, sale, barter, trade, or purchase of any species of wildlife native to Colorado (33-6-113(1), C.R.S.). In addition, these same laws restrict or prohibit the importation and possession of exotic (non-native) wildlife (33-6-109(4), C.R.S.); and non-commercial (pet) possession of regulated mammals has been prohibited by these regulations since 1983. The Wildlife Commission also maintains a prohibited species list in Chapter 0. The possession of these species is severely restricted.