Robinson v. Legro
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A bicyclist was attacked by two ranch dogs herding sheep while participating in a mountain bike race. The cyclist and dogs were on federally owned land on which the attack took place, subject to a sheep grazing permit and a recreational use permit. The cyclist sustained serious injuries during the attack. The cyclist and her husband sued the dog's owners, alleging negligence, negligence per se and loss of consortium. They also brought a strict liability claim under Colorado's dog bite statute. The shepherds moved for summary judgment, arguing that: (1) the Colorado Premises Liability Act preempted the cyclist's common law claims; and (2) they were immune from strict liability under the working-dog exemption to the dog bite statute. The district court granted the shepherds' motion. The court of appeals reversed, interpreting the working dog exemption as applicable only when the dog is on the owner's own property. The Supreme Court disagreed and reversed the appellate court: the exemption applied when a dog bite occurs on the dog owner's property or when the dog is working under the control of the dog owner.
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