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Clyncke v. Waneka



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.
CO - Assistance Animals - Colorado Assistance Animal/Guide Dog Laws The following statutes comprise the state's relevant assistance animal and service animal laws.
CO - Circus - § 33-1-126. Prohibiting certain animals in a traveling animal act--short title--definitions The Traveling Animal Protection Act, effective in 2021, bans the use of several listed animals in performances and traveling animal acts. Among other listed families include members of the wild felidae (cat) family, marsupial family, nonhuman primate family, elephant family, and seal family. This law does not prohibit exhibition at a wildlife sanctuary, AZA accredited institution, certain environmental education programs, livestock exhibition including rodeos, use in films,and university usage done in compliance with the AWA.
CO - Cruelty - Consolidated Cruelty/Animal Fighting Statutes This Colorado section contains the anti-cruelty and animal fighting laws. A person commits cruelty to animals if he or she knowingly, recklessly, or with criminal negligence overdrives, overloads, overworks, torments, deprives of necessary sustenance, unnecessarily or cruelly beats, allows to be housed in a manner that results in chronic or repeated serious physical harm, carries or confines in or upon any vehicles in a cruel or reckless manner, or otherwise mistreats or neglects any animal. A person commits aggravated cruelty to animals if he or she knowingly tortures, needlessly mutilates, or needlessly kills an animal. Cruelty to animals is a class 1 misdemeanor and aggravated cruelty or a second conviction of animal cruelty is class 6 felony. This section also prohibits animal fighting (not limited to certain species such as dogs or chickens). Violation of this law results in a class 5 felony. This section also makes it illegal to own a dangerous dog and "tamper" with livestock.
CO - Cruelty, reporting - § 19-3-304. Persons required to report child abuse or neglect This Colorado statute relates to mandatory reporting for child abuse or neglect. With respect to animal-related issues, the statute requires veterinarians, officers and agents of the state bureau of animal protection, and animal control officers to report suspected abuse or neglect as described in the law.
CO - Dangerous Dog- Article 9. Offenses Against Public Peace, Order, and Decency. This Colorado statute defines a "dangerous dog" as one that has inflicted bodily or serious bodily injury upon or has caused the death of a person or domestic animal; or has demonstrated tendencies that would cause a reasonable person to believe that the dog may inflict injury upon or cause the death of any person or domestic animal; or has engaged in or been trained for animal fighting as described by statute. Owners found guilty under the provisions will be subject to misdemeanor penalties if their dogs cause bodily injury or felonies if their dogs cause the death of a person. Section 35-42-115 mandates that the bureau create a a statewide dangerous dog registry consisting of a database of information concerning microchip types and placement by veterinarians and licensed shelters in dangerous dogs.
CO - Disaster - Part 6. Uniform Emergency Volunteer Health Practitioners Act The Uniform Emergency Volunteer Health Practitioners Act applies to registered volunteer health practitioners and who provide health or veterinary services for a host entity during an emergency.
CO - Dog Bite - Civil actions against dog owners. This 2005 Colorado law makes a dog owner strictly liable for dog bites only if the victim of the bite suffers serious bodily injury or death from being bitten by a dog while lawfully on public or private property regardless of the viciousness or dangerous propensities of the dog or the dog owner's knowledge or lack of knowledge of the dog's viciousness or dangerous propensities. Further, the victim is entitled to recover only economic damages (as opposed to noneconomic damages like pain and suffering, inconvenience, etc.) in a civil suit against the dog owner. Also, the statute provides that an owner is not liable where the victim is unlawfully on public or private property; where the victim is on the owner's property and the the property is clearly and conspicuously marked with one or more posted signs stating "no trespassing" or "beware of dog"; where the victim has clearly provoked the dog; where the victim is a veterinary health care worker, dog groomer, humane agency staff person, professional dog handler, trainer, or dog show judge acting in the performance of his or her respective duties; or where 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.
CO - Dogs - Consolidated Dog Laws These Colorado statutes represent the state's dog laws. There are provisions regarding civil actions against dog owners for dog bites, rabies control, animal control and licensing, and pertinent wildlife regulations, such as a general ban on harassing wildlife and destroying dens or nests. However, there is an exception making it permissible to take wildlife when it is causing excessive damage to property.
CO - Domestic Violence - Animals and Domestic Violence; Definition. This statute includes within the definition of "domestic violence" any other crime against a person, or against property, including an animal, or any municipal ordinance violation against a person, or against property, including an animal, when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship. Under Article 14 on Civil Protection Orders, the phrase "protection order” means any order that prohibits the restrained person from contacting, harassing, injuring, intimidating, molesting, threatening, touching, stalking, or sexually assaulting or abusing any protected person or from entering or remaining on premises, or from coming within a specified distance of a protected person or premises, or from taking, transferring, concealing, harming, disposing of or threatening harm to an animal owned, possessed, leased, kept, or held by a protected person, or any other provision to protect the protected person from imminent danger to life or health.

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