Phil Pfisterer mouthed a phew sound while describing his reaction to a recent Wyoming Supreme Court decision that buffers trappers like him from paying emotional damages when they accidentally kill peoples’ pets.
The ruling could have direct implications for the president of the Wyoming State Trappers Association, who runs a trapline on Fremont County ranchland near the Wind River Indian Reservation, where he often catches wandering dogs.
“I’ve trapped up to 30 dogs in one season on the reservation,” Pfisterer said. “If you care about your dog enough to put a collar on it, I care enough about it to let it out of my trap one time.”
But during Pfisterer’s 30-dog winter of 2021-’22, some 28 of the caught canines weren’t wearing collars. It’s likely many of the dogs were feral, he said, and they were dealt with just the same as his targeted quarry, coyotes.
“If you care about your dog enough to put a collar on it, I care enough about it to let it out of my trap one time.”
Phil pfisterer, president of the Wyoming State Trappers Association
“I dispatched them,” Pfisterer said. “Canines are cow killers. I don’t care if that sucker was a German shepherd or a coyote. If it’s eating cows on a rancher’s land and it’s killing his calves, I’m managing that problem.”
So Pfisterer knew what the stakes were as he followed a legal dispute between the Cardenas family of Casper and Sigiel Swanson, a trapper. In late 2014, Swanson’s snares caught and killed the Cardenas’ three St. Bernards — Brooklyn, Barkley and Jax — on state land adjacent to the family’s property along the foothills of Casper Mountain. The Cardenas family sued Swanson for “negligence, willful and wanton misconduct, violation of statutes [and] infliction of emotional distress.” The claims were dismissed in district court.
Two weeks ago the Wyoming Supreme Court affirmed that decision, ruling that dog owners aren’t entitled to damages for the emotional distress of losing a pet.
“In my opinion, the state Supreme Court used common sense in their decision,” Pfisterer said. “It’s about time that’s over. That was a relief. Poor dude, what he had to go through.”
Others have a different view of who’s the victim.
The case
Casper attorney Gary Shockey, who represented the Cardenas family, said the pet-owning public has fewer options for relief as a result of the ruling.
“The implications are that anybody who has a pet and loves it cannot expect a look to the Wyoming courts for any kind of recourse in the event that you lose your dog or cat,” he said.
Shockey argued that the family should have been able to recover for emotional damages related to the “mayhem” caused by Swanson’s snares.
“There was a Wyoming case from several years ago that I thought established that you can obtain emotional damages from just being part of a terrible scene,” Shockey told WyoFile.
That case, he said, involved a motorist who struck and killed a negligent snowmobiler while driving over Togwotee Pass.
“She kills him, and then prevails and was able to get emotional damages,” Shockey said, “even though she had no physical damage herself and was never in any danger herself.”
The court’s opinion described the ordeal Savannah and Braylon Cardenas — both children at the time — went through while finding and trying to save their snared family dogs. Braylon was “rolled up in a ball, crying” and Savannah “crying, apologizing over and over” for being unable to save the dogs.
“The two children were utterly distraught,” the Supreme Court’s opinion says.
The trapper, Swanson, requested dismissal and asserted that emotional distress was not compensable because dogs are property under Wyoming statute.
The five justices unanimously agreed. They cited a 1997 Wyoming case, Blagrove v. JB Mech, that found a homeowner couldn’t sue a plumbing contractor for emotional damages related to flooding damage that destroyed personal possessions.
“While we do not question the Cardenas family’s heartache over the deaths of their dogs, Blagrove precludes recovery for emotional distress damages,” the justices wrote. “While Savannah and Braylon might be entitled to emotional damages for their own injuries, the impact rule does not extend their recovery to emotional damages caused by the death of the dogs.”
Two other Wyoming State Trappers Association board members reached by WyoFile expressed relief for that decision.
“We don’t get a lot of wins,” said Mike Miller, a Riverton trapper. “Anytime we do get a win, it’s appreciated.”
The loss of the Cardenas’ dogs was “unfortunate” and an “accident,” Miller said, but little more. Tragedies like what befell the Cardenas family don’t warrant weighty damage claims hanging over the heads of the trappers involved, he said, nor does it make a case for new regulations.
Professional trapper E.J. Kelly, of Clark, also thought highly of the Supreme Court’s decision.
“Accidents happen no matter what,” Kelly said. “There are millions of pets run over every year, and they’re not going to outlaw vehicles because of it. But if a trapper catches one dog, they want to do away with it — give up our freedoms and rights just because of an accident here and there.”
Deterrent effect gone?
Yet, others say trapping accidents are particularly avoidable and argue the Supreme Court’s ruling eliminates a potential consequence that could have a deterrent effect for trappers weighing whether to trap in legal but ethically questionable areas, like near neighborhoods or popular recreation destinations.
“There are currently little consequences out there for trappers who are indiscriminately taking animals, including pets,” said Jenny DeSarro, executive director of Wyoming Untrapped. “The crux of this whole scenario is that there’s no deterrent for them.”
The idea that a family dog is simple property and that losing it because of another person’s choice of recreation doesn’t constitute emotional damage miffed Fremont County resident Karen Zoller, who lost her dog, Mac, to a snare while on a January 2020 walk north of Ocean Lake.
“Everybody processes things differently, but it’s definitely a traumatic event,” Zoller said. “Your animal is your family. You go on a run or a hike and then boom, gone. And then you can’t do anything about it because it’s legal.”
Trappers interviewed for this story all pointed to education as their desired solution to averting accidents that can turn tragic for pet owners.
“The biggest issue we have, in my opinion, is uneducated trappers,” said Kelly, the trapper from Clark. “That’s why I personally started a trapper education course in this state. Just because you can set a trap somewhere, doesn’t mean you should.”
This year’s course is scheduled for July 26-27 in Sheridan.
Pfisterer argued that education is needed on both sides: by trappers, but also the pet-owning public.
“We offer six trap-release seminars throughout the state every year,” he said. “We’d love to teach you how to let your dog out, because the last thing we want to do is kill your dog.”
Trapping reform advocates like Wyoming Untrapped and Zoller, who formed WY Trap Free-Mont County after losing Mac, have also pushed for new regulations to diminish the chances of bycaught dogs and tragedies. They’ve had limited success lobbying the Wyoming Game and Fish Commission, though.
Wyoming trappers have also resisted new regulations. Miller, one of the association’s board members, is concerned that trapper’s rights are being slowly whittled away. He said he’s watched it happen in other states and has resolved to not let it repeat in Wyoming.
“As trappers, we’ve basically bowed up and said, ‘You know, we’re just not going to give you anything,’” Miller said, referencing trapping reform. “That’s a hard stance to take, and I don’t know whether it’s the right stance, but that’s the stance we’re at right now.”
Gee, the facts should have gotten in the way here. The people who had the three big dogs let them run ALL DAY LONG on public ground (One of the family members stated: “They usually come back every evening.” Oh the horror… the horror…). Completely illegal. Completely irresponsible. They might as well have let their dogs play in the traffic. When the justices read the real facts OF COURSE they are not going to find for the family. Four things are going to happen when you let your dog(s) run on public land without restraint and all are bad: 1. Your dogs will run sheep or cattle and the rancher will shoot them. 2. Your dogs will run wild game and the game warden or a hunter will shoot them. 3. Your dogs will be drawn to an odorous trap set or snare and be caught. 4. The dog will be killed by an apex predator. These are absolutes. Many city folks think they are doing their dogs a “favor” by releasing them daily and “letting them run”. Nothing could be further from the truth. Actually this is pet abuse of the first order and should be reported to the authorities. Hunters and trappers have NOTHING to do with the foolish and unresponsible behavior of pet owners. Traditional uses of the land – hunting, trapping, grazing – will continue to eternity. Hunters and trappers destroy many feral cats and dogs for the good of game animals. Have you ever been on the rez? There are feral dogs everywhere – killing stock, eating trash, breeding like crazy, wandering, being aggressive to human. 30 feral dogs a year? That’s about average for a coyote/wolf trapper around slum areas. Look at the facts. Look at the reality.
Wyoming was progressive in 1869 when allowing women’s suffrage, but has been stuck in the past ever since.
I made a comment a few days ago and today I just read most of the responses. I’ve noticed a lot of folks that lead with their hearts, which is understandable considering this topic of trapping. Unfortunately, although those folks have good intentions, that’s not reality. In reality, Trappers are an asset to our land if you look at things realistically. For you dog owners, please keep in mind how many diseases this nuisance wildlife that’s in your backyard carry. These are diseases that your beloved dog can catch. For example: mange, distemper, parvovirus, hydatid disease, and heartworm. I know you’re thinking “well, I vaccinate”. But not everyone does. Also, think of the influx of nuisance wildlife that is infiltrating our larger towns and cities. These animals are carrying diseases and, in some instances, coming into yards and attacking children. The population of some of these animals is getting out of hand & we can’t realistically relocate them all.
Rather than get into an outrage and a soapbox of ‘cruelty’, please look at things realistically.
Also, if any of you who feel that animals have rights and animals should be treated like human beings. Refer to this list of products that are made from animals:
Gum, marshmallows, soaps, detergents, biodiesel, fireworks, perfumes, linoleum, deodorants, paper, toothpaste, playing cards, candles, batteries, floor wax….and it goes on.
Whether it be Trappers, hunters or animal farms where these animals are raised for the purpose of human use; there will always be someone to point the finger at and there will always be animals that you think are being treated cruel and inhumane. Speaking for myself only, I appreciate the good Trappers with integrity and treat these animals with as much respect as they deserve.
I know that Mr. Pfisterer did not intentionally trap 30 dogs. No Trapper sets out to kill people’s dogs. Thats a fact. What Mr. Pfisterer was trying to get across is just how many dogs run loose and are unattended.
Thanks for reading.
What kind of “heritage” is the near-complete extinction of beaver in the “lower 48” by trappers, especially in the 19th Century? The population numbers you see now resulted from transplants from areas where the mighty trappers hadn’t exterminated them.
A time and place for everything. Federal recreation areas are not the place for indiscriminate killer traps. The BLM Welch Recreation Area is hijacked in the winter by a trapper who post signs saying beware, I put killer traps wherever I want, and if your dog gets caught in one, too bad. Bird hunting used to be popular there, but who would take their prize bird dog out there now? Walking down the roads with your dog running along out in the field used to be common in this area purchased for public recreation, until now.
It is up to land managers to manage the uses on public lands and avoid incompatible uses. Why the BLM will not restrict trapping in these public recreation areas is beyond comprehension. I urge folks to contact their public land managers and tell them they need to make the decision to not allow trapping on public recreation areas.
He wasn’t bragging about trapping 30 dogs, he was simply stating a fact.
Feral dogs have been known to kill people.
Dogs running loose have a devastating impact on wildlife, killing fawns, destroying ground nesting birds, turkey, pheasants, quail, ducks and small game. Control your pets, no one is setting traps in your backyard. 30 free roaming dogs is the problem, and he says he does release the ones with a collar that may belong to someone.
It’s really a shame that more is not done to warn dog owners. We had an incidence near a golf course surrounded by homes where a dog owner unknowingly walk her dog near those traps. She said she had nightmares because the dog was screaming in pain and she didn’t know how to release him. That story alone gave me pause to think it was illlegal? But it wasn’t. How terrifying to know.
Lessons or classes to help you understand how to release your best friend, when they are screaming, would be the only thing you could hope for since these malicious hunters don’t care to post a warning. Horrible!
Sad deal for everyone BUT it the responsibility of pet owners to control their pets. I didn’t read anything about the dogs escaping from the property of the owners? Were they let to just run free wherever they choose unsupervised? Only solution I see for this was to keep pets as pets not free roaming wild critters. If these 3 dogs happen to kill a pet poodle who escaped a fenced yard in same area of State ground should owners be sued? And by who? Who are the people responsible for not controlling whereabouts of there pets or are they not the cause intentionally or unintentionally? Everyone needs to do better with their responsibility.
Trappers are a sneaky and shadey bunch that never take responsibility. Not suprised in the least bit that one of them would brag on catching 30 dogs. I used to trap, til my conscious got the best of me. In 12 years of trapping, I caught exactly zero dogs. someone Who gets 30 of them in a season is either purposely trying to catch dogs or is a low level amateur and add to the fact that this guy is the president of the State trapping assn then, you have to wonder how bad and scurilous the rest of the members are.
I don’ believe bragging about killing thirty dogs, is very becoming. I am not against trapping however the snares should not be allowed close to a residential area ,a leg trap and the dogs would have survived .
Wait until people start stepping in your traps!!! I do believe there are a lot of hunters and trappers in general, that are irresponsible !!! I bet the majority of these trappers have not lived in Wyoming or are visitors to this state. Watch the movie Idiocracy, that will sum up most of the people that Hunt and Trap anymore.
Trappers are notorious for, via their actions and words, shooting themselves in the foot. The “thirty dog” trapper, Mr. Pfisterer, has only added fuel to the fire with his brag on being the sole decision maker on whether someone’s dog lives or dies. First off, catching 30 dogs in a season is a problem and when you unwisely tell the world about it, well, not very bright. Along with the group Wyoming Untrapped, there is growing resentment on how trappers operate in this State, with very few rules and regulations and no accountability for accidental catches. Hunters, anglers and other public land enthusiasts are starting to have second thoughts about a select few that run these traplines all over State and Federal lands. Mr Pfisterer’s bodacious comments here on Wyofile will be definitely be used as locker room billboard material to rile up the anti trapping groups. Again, shooting yourself in the foot……
My, someone who trapped 30 domestic canines in one season is not someone I’d want to be associated with, much less have out there running around setting his traps. This guy apparently is an amateur at best yet is president of the Wyoming Trapper Association? From research it shows that in Wyoming, trappers are not held accountable for by-catch, including ones cat or dog. With this lack of accountability it’s easy to see how a trapper that cavalierly boasts of catching 30 dogs would so haphazardly be setting traps all over the place without a care. Major law changes needed to protect others and their pets from these types
Phil Pfisterer, Pres. Wyoming Trapping Assoc.” “I’ve trapped up to 30 dogs in one season on the reservation,” Pfisterer said. “If you care about your dog enough to put a collar on it, I care enough about it to let it out of my trap one time.” …..wow, what a crass and arrogantly crafted statement . Here’s the #1 problem regarding trappers, especially on public land. They can set their traps and snares all over the place and effectively have total control on the recreation aspect of these lands and it’s just too bad for the dog walker, someone letting their sheep dog get some running in or a bird hunter and his dog. The trappers says “don’t have your dog off a leash and if it’s caught in my trap or snare, the animal is legally my property and I’ll dispose of it as I see fit” …. another wow, these guys with their set land mines (basically what traps and snares are) and designate a monopoly on public land and the Wyoming Game & Fish are powerless (plus, often will not follow up on any complaints) to control trappers. Trapping is just about the lowest denominator in the world of blood sport and folks who practice this “sport” have long shown to be non caring of their image. Illegal or not, I destroy every trap or snare set that I run across on public land. And another thought, as a public land owner, I don’t want these barbaric fur trade tools used on property owned by the people
The 4 dogs killed and mentioned in the story – the 3 St. Bernards and what appears to be a Jack Russell type-mix, were clearly more than “just property.” However the article isn’t too clear on the circumstances of the deaths. The Bernards lived on property bordering public land. Were they allowed to stray from the yard unsupervised? Did these 3 die at the same time or were there periods in between in which the owners could have, but didn’t mitigate dog escape problems? Was the Jack Russell leashed during the walk with its owner or allowed to roam free? What efforts were made or not made by the dog owners? Seems that’s a part of the story as well.
And to be clear, I’m not taking sides. I’m not a trapper and until very, very recently I was the happy owner of two dogs. (Sadly Hank the Handsome’s little body finally had no more to give and he passed.)
The court, the trappers, and the dog owners played a role in this article. It would seem the trappers have some legal and ethical responsibilities, but pet owners also have some ethical responsibilities. The Court acknowledged the emotional distress, but had to follow existing law and prior precedent. The article doesn’t mention how or if dog owners met their ethical obligations.
Are there regulations as to how far from private property or leased land these can be set without permission of the property owner? Obviously these traps are being set relatively close to homes other than just the trappers home.
for every 1 good trapper, there are probably 9 slobs out there. up here in meeteetse we have a slob trapper that’s been sneaking around and pushing the envelope. he’s got a lot of eyes out there watching and one of these days will be caught and held responsible. a hunter isn’t just allowed to shoot anything at anytime but a trapper can indiscriminately set these barbaric contraptions with sadly, apparently no accountability if someone’s dog or other off target gets caught. the wyoming laws pertaining to trapping are just as messed up as trappers are themselved
My name is Maggie Larsen and I am on the side of Trappers. Not because I trap, but because I hate to see any heritage fade away. Whether it be trapping, hunting, sewing, canning, or living off this land that God intended us to. Whatever profession or hobby there is; there will always be bad apples. There will always be that one person that has to ruin it for everyone and everyone shouldn’t be punished because of it.
I have witnessed far too many pet owners (the majority of them, in my opinion) that just let their animals run anywhere they choose. The pet owner calls it letting their pets have ‘freedom’ to roam. However, then they cry because their animal is lost or gets hurt. In my opinion, the problem is not the traps, it is the irresponsible pet owners. If the pet owner really feels that their animal is part of their family and they call their pet their ‘child’ then how could you just let your pet run free wherever they choose? Would you let a child do that? If so, they you shouldn’t be allowed to have a pet……….or a child.
What? Heritage? How can anyone defend cruelly trapping 30 dogs in one year?
We are evolving as humans and we must stop holding on to an old barbaric mindset of pain and control toward others. We have now many respectful options for hunting, or animal control as it is seems to be called, that get the job done with the death as the outcome.
I take issue with comparing trapping to sewing and canning of which I do both. No. I also take issue with the idea that any God intends people to intentionally and cruelly cause pain and suffering to any animal or human. Pain and suffering is part of this type of trapping. Although there are plenty of ethical traps available for those who still feel the need to do so… some folks still insist on these horrid, cruel, inhumane types of traps. People have many options to humanely kill for food or show. It is 2023. Come on! We can believe in God, sew and can food until the cows come home safely and also kill animals ethically and humanely. I take pride in my heritage AND embrace the respectful changes people have learned over time that we can make towards all living beings and our shared earth.
Trapping is barbaric and extremely cruel. I do not understand the good old boy mentality that anything is fair game if it on someone else’s property, or, on public leased land, which is owned by the resident’s of the state.
I am revolted by the braggadocio of this man whose lack of caring or concern for others suffering is pure machismo. Anyone bragging about 30 dog kills in a season clearly does not understand, nor care about the emotional suffering of pet owners.
The lessee is granted a lease by the people of each state through the State’s government. Resident’s do have a say politically. It is time we rally together to fight for change on behalf of not only domesticated animals, but wildlife as well.
The suffering traps cause an animal is horrendous. We know from reports that an animal will sometimes chew off its leg to free itself from one of these horrid death traps.
Citizen’s who find restraining traps cruel and barbaric should take the next step by lobbying your state representatives to ban these traps, legislatively.
Citizen’s must be relentless in pursuing not only statewide bans, but federal bans in all 50 states!
I find it shocking that the barbaric killing of animals in these horrid restraining traps is something you wish to protect as part of this State’s “heritage”. No animal, whether domestic, feral, or state wildlife should suffer because of these hideously killing devices. To categorize it with quilting, canning, and some of the other domestic hobby or chore, leaves me shaking my head in no, no, no.
Preserving outdated practices in the name of “heritage” is wild thinking. What if someone said owning slaves was part of their heritage?
Wyoming: where barbarism is celebrated and worshiped.
Yes, it is. As a Wyoming native, I can confirm what you’ve said as an accurate, and quite frankly way too generous way of stating what is fact for this state.
There needs to be effective buffer zones between land used by the public and private lands and areas where trapping is allowed. The State needs to pass regulations ASAP that greatly reduce the possibility of trapping family pets.
Trapping is not like hunting. The target is not known. It needs to be as safe for the public and for domesticated animals as possible. Thanks for this article … and for publicizing this case. If current laws cannot protect dogs from trapping near their homes, then we need new laws.
If trappers don’t want to trap my dog as much as I don’t want them to trap my dog you’d think they’d be eager to come together to reach reasonable solutions to avoid “accidents”. How do you even begin to try to reach reasonable solutions with someone who says, “…we’re just not going to give you anything.”? All I see in this report is that trappers do not see public lands as an asset shared between all of us, but rather, as singularly theirs to cause whatever harm they wish, to animal’s bodies and children’s psyches, with impunity. “Trapper Education Courses” are a bad faith effort. Ten thousand hours of trapper education doesn’t mean a trapper has to change one thing about how or where they execute their ‘hobby’. Only a change in the laws can do that. https://wyominguntrapped.org/
There are alternatives to killing predators to control predation of our livestock. There are many groups working to demonstrate how to keep predators in the system, because research has shown when predators are eliminated, population by predators actually increases! Here’s a reference from Oregon State: https://extension.oregonstate.edu/animals-livestock/sheep-goats/using-coyotes-protect-livestock-wait-what
So it goes against the grain to not kill the predator, but there are other strategies that are actually more effective. Tending your heard with cowpokes, and having guard dogs and other guard animals, for instance.
Good comment Jana. So sad that these trappers killed someone’s pet and they could care less. Trapping is cruel and catching someone’s pet is heartbreaking.
Trapping is outdated and barbaric. I realize we won’t get rid of all trapping, but getting rid of power snares was the right move.
When I was a kid I took hunter’s safety course, where the main tenets you learn are; know your target, make a humane kill, and always use what you kill.
How does trapping fit into any of these principles? No target selection, prolonged suffering (often days), and the animals are rarely even eaten.
“We’d love to teach you how to let your dog out, because the last thing we want to do is kill your dog.”
Really? Because it seems like Mr. Pfisterer REALLY wants to kill your dog.
30 pets caught in one season of trapping? Man, if this self admission is not a good reason to ban these indiscriminate killers from the outdoors, I don’t know what is.
Not “pets”, feral dogs with no identification.
It pains me to agree with Mr decker. Mr pfisterer admitted to trapping FERAL dogs. Not domesticated. The sheer volume of wild dogs on the reservation deserves recognition and not condemnation
If you ‘love’ your pet, DO NOT just turn it loose to run wherever it wants to go!! You love your children, you don’t just turn them loose, you teach them where to go that is safe and good, the same applies to pets. Wyoming has a law that defines these animals as ‘feral animals’ when they are in areas where they have no business being. Cats kill millions of birds, cats that eat at home, and cats that have no home, all of them will kill birds given the chance. Take care of your pets, and you won’t have these ‘accidents’ happening to your property!
I couldnt agree more. People.are batty on the subject of dogs. I was often threatened on forest paths near my cabin in Wyoming by loose dogs and also in the park in Laramie. The owner always said, “He wont hurt you,” but when an animal with teeth bared is charging me how am i supposed to know he wont hurt me ? If you choose to let your pet run you are risking that it may be harmed in many ways, even by a can of bear spray. Or another dog. Coyotes call dogs out. Treating a pet right involves protecting its safety. Still, trapping isnt great.
Robert Eisele- Well said. Dog AND cat owners that let their pets run loose are guilty of carelessness. I have a major problem with feral cats because people think cats should be able to roam free. They kill many birds, rabbits, etc and breed like “Rabbits”. I lived in the Pinedale area for years and people let their dogs run free. I have watched them run down deer and baby antelope. When running as a pack they are also fearless of humans. Pet owners need to be responsible for their pets. As far as I am concerned they are fair game as feral critters that do major damage and are dangerous to people.
The individual mentioned in this article, Phil Pfisterer, caught THIRTY dogs? Uh, that’s a huge issue and I find it quite ironic that this guy has considered himself the sole judge and executioner of these trapped pets. If catching 30 dogs in one season is acceptable, then something is both wrong with this trapper and society as a whole