JUSTICE HOOD delivered the Opinion of the Court.
¶ 1 When a bicyclist in Eagle County was attacked by two ranch dogs working to protect their sheep, reporters covering the incident billed it as an inevitable clash between ranchers and recreation enthusiasts.
¶ 2 The court of appeals interpreted this phrase to require that the dogs were working as predator control dogs on the dog owner's property or on property under the dog owner's control. See Robinson v. Legro, 2012 COA 182, ¶ 34, ___ P.3d ___, 2012 WL 5266059. We disagree with this interpretation.
¶ 3 Petitioners Samuel and Cheri Robinson are sheep ranchers who hold a "Term Grazing Permit" issued by the United States Forest Service.
¶ 4 Respondent Renee Legro was attacked on a public road by two of the Robinsons' dogs, Tiny and Pastor, while participating in a mountain bike race sponsored by the Vail Recreation District. The road is located on land that both the Robinsons and the Vail Recreation District were entitled, by permit, to access.
¶ 5 Ms. Legro and her husband, respondent Stephen Legro, filed a lawsuit against the Robinsons in Eagle County District Court. They alleged claims of negligence, negligence per se, and loss of consortium. They also brought a strict liability claim under the dog bite statute, section 13-21-124.
¶ 6 The Robinsons filed a motion for summary judgment, arguing that: (1) the Colorado Premises Liability Act ("PLA"), section 13-21-115, C.R.S. (2013), preempts the Legros' common law claims; and (2) they are immune from strict liability under the working dog exemption to the dog bite statute. The district court granted the motion. First, the court determined that the PLA preempts the Legros' common law claims because the Robinsons' grazing privileges qualified them as "landowners"
¶ 7 On appeal, the court of appeals affirmed the summary judgment order in part and reversed it in part. Robinson, ¶ 1. With respect to the Legros' common law claims, the court agreed that they were preempted because the Robinsons are "landowners" under the PLA, and the PLA is the exclusive statute governing tort actions for injuries occurring on "landowner" property. Id. at ¶¶ 18, 20.
¶ 8 The court of appeals stated that "whether the property was under the Robinsons' `control' owing to their grazing activities" was "the dispositive issue" for whether the subsection (5)(f) exemption applies to the Robinsons. Id. at ¶ 29. The court rejected the interpretation that "under the control of" relates to control of the dog, not control of the property "because it would be illogical to conclude that the General Assembly intended to exclude from liability the owner of a dog that bites a person when the dog is under the owner's control." Id. at ¶ 32 n. 3. The court then defined "control" in the context of property to mean, at a minimum, "sufficient control over the property such that a dog owner has the right to exclude persons from the property." Id. at ¶ 38.
¶ 9 We granted certiorari to assess whether the court of appeals properly interpreted the phrase "on the property of or under the control of the dog's owner" in the working dog exemption to the dog bite statute.
¶ 10 We review de novo questions of statutory construction. Klinger v. Adams Cnty. Sch. Dist. No. 50, 130 P.3d 1027, 1031 (Colo.2006). We also review summary judgment orders de novo. Feiger, Collison & Killmer v. Jones, 926 P.2d 1244, 1250 (Colo. 1996).
¶ 11 For the first time, we are asked to construe the language of the working dog exemption to Colorado's dog bite statute. We begin by discussing the dog bite statute and the working dog exemption. We then apply basic canons of statutory construction and consider the context of the statutory language to interpret the phrase "on the property of or under the control of the dog's owner" because the applicability of the subsection (5)(f) exemption to the Robinsons in this case depends upon the meaning of that key phrase.
¶ 12 Enacted in 2004, section 13-21-124 imposes strict liability on a dog owner whose dog causes serious bodily injury or death to a person who is lawfully on either public or private property, unless at least one of six exemptions applies. See § 13-21-124(2), (5). Here, it is undisputed that the dogs that bit Ms. Legro were predator control dogs, and the Robinsons therefore seek to invoke the working dog exemption:
§ 13-21-124(5)(f) (emphasis added).
¶ 13 To interpret the meaning of the working dog exemption, we apply long-standing principles of statutory construction. See People v. Voth, 2013 CO 61, ¶ 21, 312 P.3d 144, 149. Our function is to ascertain and give effect to the General Assembly's intent. People v. Vigil, 758 P.2d 670, 672 (Colo.1988); see also State v. Nieto, 993 P.2d 493, 502 (Colo.2000) (describing legislative intent as "the polestar of statutory construction").
¶ 14 When faced with a statutory construction issue, we look first to "the plain and ordinary meaning of the statutory language." People v. Madden, 111 P.3d 452, 457 (Colo.2005). We prefer "a commonly accepted meaning" over "a strained or forced interpretation." Voth, 312 P.3d at 149. At the same time, "we must read and consider the statutory scheme as a whole to give consistent, harmonious and sensible effect to all its parts." Charnes v. Boom, 766 P.2d 665, 667 (Colo.1988); accord People v. Luther, 58 P.3d 1013, 1015 (Colo.2002) ("We presume that the General Assembly intended the entire statute to be effective and intended a just and reasonable result."); People v. Terry, 791 P.2d 374, 376 (Colo.1990) (emphasizing that courts must avoid "constructions that would render meaningless a part of the statute").
¶ 15 The disputed phrase within section 13-21-124(5)(f) is "on the property of or under the control of the dog's owner." Read in context, a dog owner is not strictly liable for a dog bite that occurs "[w]hile 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." § 13-21-124(5)(f) (emphasis added).
¶ 16 The court of appeals interpreted this phrase to refer to a dog working on either (a) the property of the dog owner or (b) property controlled by the dog owner. In so doing, the court construed both "of" and "under the control of" as modifying "the property." While we acknowledge that there is some facial ambiguity over whether it is the property or the dog that must be controlled by the dog owner, the more grammatically correct and logical reading of the exemption is that "on the property of" and "under the control of" modify "[w]hile the dog is working." A dog owner is therefore exempt from strict liability if a person is bitten by a predator control dog "while the dog is working" either (a) "on the property of ... the dog's owner"; or (b) "under the control of the dog's owner." Thus, it is control of the dog, not control of the property, that is the relevant inquiry.
¶ 17 Our construction of the working dog exemption is more consistent with the plain language of the statute because it does not require adding or deleting words or punctuation. The court of appeals' interpretation would make sense only if words or punctuation were changed — for example, deleting "of or" from the exemption or adding the word "property" after the word "or."
¶ 18 Furthermore, particular statutory language must be read in the context of the statute as a whole and the entire statutory scheme. Jefferson Cnty. Bd. of Equalization v. Gerganoff, 241 P.3d 932, 935 (Colo. 2010). Section 13-21-124(2) makes clear that the statute applies when a victim is lawfully "on public or private property" (emphasis added). And the working dog exemption applies to hunting dogs, herding dogs, farm or ranch dogs, and predator control
¶ 19 In our view, the working dog exemption was created to protect hunters, farmers, and ranchers engaged in activities that frequently and permissibly occur on public lands. It thus makes more sense for the exemption to apply when working dogs are working under their owners' control, thereby rewarding responsible dog-use practices. Consequently, it is not "illogical," as the court of appeals stated, "to conclude that the General Assembly intended to exclude from liability the owner of a dog that bites a person when the dog is under the owner's control." Robinson, ¶ 32 n. 3. Without the exemption, ranchers lawfully grazing their herds and using predator control dogs on public lands would be strictly liable for injuries caused by their dogs, no matter how responsible their practices. We presume the General Assembly did not intend such an unjust result.
¶ 20 Regardless, the General Assembly did not "exclude" such persons from liability entirely; it merely limited strict liability for bites that occur while working dogs are under their owners' control, while leaving open the possibility that owners would nevertheless be liable under the PLA or common law.
¶ 21 Other language in the dog bite statute is instructive as to the meaning of section 13-21-124(5)(f). First, the very definition of "dog owner" specifically references control of a dog:
§ 13-21-124(1)(c) (emphasis added). Second, the subsection (5)(b) exemption — which applies when the property is clearly and conspicuously marked with a "no trespassing" or "beware of dog" sign — refers simply to the "property of the dog owner" as opposed to "the property of or under the control of the dog's owner." See § 13-21-124(5)(b). Had the General Assembly intended for "of or under the control of" to modify "property" in subsection (5)(f), it presumably would have used the same phrasing in subsection (5)(b). It did not, thus signaling that "under the control of" modifies "working" instead. Finally, the subsection (5)(c) exemption limits strict liability for bites that occur while dogs are being used to complete socially beneficial tasks. See § 13-21-124(5)(c). A dog owner is exempted from strict liability if a dog is "being used by a peace officer or military personnel in the performance of [officer or personnel] duties." See id. Although the language of the peace officer and military personnel exemption differs from that of the working dog exemption, their purposes are similar in that the covered dogs are engaged in legitimate work alongside their owners and handlers.
¶ 22 The working dog exemption thus insulates a dog owner from strict liability if a person is bitten by a working dog while the dog is working on the property of the dog owner or while the dog is working under the control of the dog owner on either public or private property. Because we find the issue of the control of the dog and not the control of the property to be the relevant inquiry in this case, we determine that it is unnecessary for us to review the court of appeals' definition of dog-owner "control" of property for purposes of section 13-21-124(5)(f). We also
¶ 23 The court of appeals erred in interpreting section 13-21-124(5)(f) to mean that the property, rather than the dog, must be under the dog owner's control for purposes of exemption from strict liability. We hold that the working dog exemption applies when a bite occurs on the dog owner's property or when the dog is working under the control of the dog owner. Nevertheless, we affirm the court of appeals on other grounds.
¶ 24 Although the court of appeals erred in interpreting the statute, it correctly reversed the district court's summary judgment order as to the Legros' claim under the dog bite statute and remanded for further proceedings. The district court did not conduct the appropriate inquiry when it applied the working dog exemption to bar the Legros' strict liability claim, and its result was based on the faulty premise that the Robinsons were leasing the federal land in question. We therefore affirm the judgment of the court of appeals and remand to the court of appeals with directions to return this case to the district court for proceedings consistent with our opinion. The working dog exemption applies if: (a) the attack occurred on the Robinsons' property (which requires an analysis of whether the Robinsons' grazing permit confers a "property" interest); or (b) the dogs were working under the control of the Robinsons at the time of the attack. In addition, if the Legros are able to satisfy the standard for a motion for leave to amend, they may assert their PLA claim on remand, as noted by the court of appeals.
JUSTICE HOBBS concurs.
JUSTICE HOBBS, concurring.
¶ 25 I respectfully join in the Court's opinion and judgment. I write to explain my understanding that the Court is reversing the district court's summary judgment order and leaving to the district court's determination, based on the facts of this case, whether the subsection (5)(f) "working dog exemption" of section 13-21-124, C.R.S. (2013) (the "dog bite statute") applies to the Robinsons. If it does not, the Robinsons are strictly liable for Ms. Legro's injuries.
¶ 26 The Court's opinion also refers to the Legros' potential addition of a Premises Liability Act ("PLA") claim. See § 13-21-115, C.R.S. (2013). Though the Legros did not assert a PLA claim in their complaint, the district court applied the PLA in its summary judgment order by holding that the Robinsons' grazing "lease" qualified them as "landowners"
¶ 27 A grazing permit differs from a leasehold estate in several important respects. For example, a lease generally grants the tenant an exclusive right to possession of the whole property, which includes the right to exclude others, even the landlord. See Restatement (Second) of Property, Land. & Tenant § 1.2 cmt. a (1977). A grazing permit confers a revocable, non-exclusive license to access the federal lands for a limited purpose (here, grazing), subject to numerous terms and conditions; it does not confer a property interest entitling permit holders to exclude others, particularly the federal government. See 36 C.F.R. § 222.3(b) (2014) ("Grazing permits ... convey no right, title, or interest held by the United States in any lands or resources."); Hage v. United States, 51 Fed.Cl. 570, 586-87 (2002) ("[G]razing permits are merely a license to use the land rather than an irrevocable right of the permit-holder
¶ 28 The district court's failure to examine the important distinctions between a lease and a permit is troubling, particularly because its ruling that the Legros' common law claims were preempted by the PLA was based on its assumption that the Robinsons' grazing "lease" qualified them as PLA "landowners." It did not analyze whether a grazing permit would also satisfy the PLA "landowner" definition. Nonetheless, the issue of whether the district court properly dismissed the Legros' common law claims is not now before us.
¶ 29 In my view, even more troubling than the lease/permit distinction is the district court's importation of the PLA "landowner" definition into the dog bite statute's "property of" the dog owner language. Compare § 13-21-115(1) with § 13-21-124(5)(f). The PLA's "landowner" definition is intentionally broad and may include parties with no colorable claim that the property in question is "theirs" (as in, the "property of" that third party). For example, we have held that a "landowner" is any "person in possession of real property" or responsible for "the circumstances existing on real property," which may include renters, lessors, and even independent contractors. Pierson v. Black Canyon Aggregates, Inc., 48 P.3d 1215, 1220 (Colo.2002). In contrast, the dog bite statute's reference to the "property of" the dog owner requires that the dog owner have some cognizable property interest in the property in question — a far narrower definition than a PLA "landowner," which requires no actual title or interest in the property. See id. at 1219.
¶ 30 Accordingly, though I concur in the Court's opinion and judgment, I would also reverse two separate portions of the district court's summary judgment order: (1) the portion holding that the Robinsons are PLA "landowners" owing to their "lease" (rather than their grazing permit); and (2) the portion subsequently importing the PLA "landowner" definition into the dog bite statute's "property of" the dog's owner language.
As explained below, our resolution of the first part of this question renders the second part of this question moot.