Whitewater, CO asked in Personal Injury and Animal / Dog Law for Colorado

Q: If the smell of a llama causes a unusually allergic reaction to an adjacent neighbor can their be a remedy to alleviate

If someone has numerous llamas that stink a smell what can a neighbor do?

4 Lawyer Answers
Kristina M. Bergsten
Kristina M. Bergsten
PREMIUM
Answered
  • Animal & Dog Law Lawyer
  • Denver, CO
  • Licensed in Colorado

A: The neighbor can file what’s called a nuisance lawsuit against the neighbor with the llamas. It is a civil lawsuit that would have to be filed in District Court where the llama property is located.

Brian Michael Bradford
Brian Michael Bradford
PREMIUM
Answered
  • Lafayette, CO
  • Licensed in Colorado

A: Hello - in Colorado there is a civil claim for nuisance. With that said, more would need to be known about your circumstances to determine how viable such a claim would be.

James Avery
James Avery
PREMIUM
Answered
  • Animal & Dog Law Lawyer
  • Denver, CO
  • Licensed in Colorado

A: This is called a ‘nuisance’ and could be actionable. Generally, the use must be compatible with the locale. Talk to a local lawyer.

Peter N. Munsing
Peter N. Munsing
Answered

A: I agree with the others. However, an established concept in many jurisdictions is that it depends on who was there first. If the Llamas were there before you moved, and you moved anyway, that is sometimes called "coming to the nuissance" --assuming it's a nuissance. In a rural ag area, ag operations that smell like ag operations aren't a nuissance.

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