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#3129063 - 01/17/13 10:53 PM Trapping coyotes on own property
HMHunters75
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Registered: 01/01/11
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Loc: TN

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I want to trap coyotes on my personal rural property. I want to use rubber jaw foothold traps of legal dimensions that are tagged with my identifying information. In the event of an accidental/incidental catch such as a domestic cat or dog, would I be liable for damages to said domestic animal? While I realize that animals cannot read, would posted signs warning of the presence of traps lessen the liability issue? Thank you, HMH.
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#3129163 - 01/18/13 06:32 AM Re: Trapping coyotes on own property [Re: HMHunters75]
scn
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Registered: 02/05/03
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Loc: Brentwood, TN US

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From TCA 70-4-120:

E) When damage is done to any person's fowl, stock, dogs or the like by reason of being caught by the device, the one setting or placing the device shall be liable for all damages done by such device.


IMO, the only way signage might help you if you caught a dog or cat is if you could prove that they were accompaning a trespassing hunter/person. Otherwise, the statute is pretty clear.


Edited by scn (01/18/13 07:24 AM)

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#3129189 - 01/18/13 06:57 AM Re: Trapping coyotes on own property [Re: scn]
ChippewaPartners
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Registered: 08/25/01
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Loc: Pamelot, my farm near Catoosa

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Great question. Happens all the time.
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#3129396 - 01/18/13 10:12 AM Re: Trapping coyotes on own property [Re: ChippewaPartners]
RUGER Administrator
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Leash law wouldn't mean anything in a case like this?
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#3129492 - 01/18/13 11:40 AM Re: Trapping coyotes on own property [Re: RUGER]
scn
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Registered: 02/05/03
Posts: 6979
Loc: Brentwood, TN US

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 Originally Posted By: RUGER
Leash law wouldn't mean anything in a case like this?


I'm sure it is a point that lawyers could argue, but I doubt it would make much of a difference.

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#3129631 - 01/18/13 01:14 PM Re: Trapping coyotes on own property [Re: scn]
fredfred
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Registered: 06/24/12
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Loc: crossville, tn

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I had a friend of mine get a dog caught in a snar during the Catoosa Hog hunt. The dog was choked down but uninjured thankfully. I dont think the dog was still on the WMA though.
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#3129894 - 01/18/13 05:36 PM Re: Trapping coyotes on own property [Re: fredfred]
HMHunters75
Spike


Registered: 01/01/11
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Loc: TN

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scn - thank you for making me aware of this code. I was afraid there might be legislation catering to negligent pet owners.
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#3132837 - 01/21/13 09:43 AM Re: Trapping coyotes on own property [Re: HMHunters75]
Nimrod777
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Registered: 09/28/03
Posts: 23220
Loc: Spring Hill, TN

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I'm betting that a released dog would keep a muzzle on it. A cat wouldn't rat you out. Only thing to worry about would be if you caught a wild hog. He'd probably squeal.
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#3133199 - 01/21/13 03:05 PM Re: Trapping coyotes on own property [Re: Nimrod777]
plinker22
14 Point


Registered: 02/07/05
Posts: 8945
Loc: Mountians of East Tennessee

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 Originally Posted By: Nimrod777
I'm betting that a released dog would keep a muzzle on it. A cat wouldn't rat you out. Only thing to worry about would be if you caught a wild hog. He'd probably squeal.

\:D LOL of the Day! \:D
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#3133322 - 01/21/13 04:49 PM Re: Trapping coyotes on own property [Re: plinker22]
HMHunters75
Spike


Registered: 01/01/11
Posts: 76
Loc: TN

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Thanks Nimrod777, although this is a serious matter to me, I am grateful for the humor! I love Tndeer ! You have a good point!
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