Defending Your Rights, Protecting Your Freedom
Dog Bite
One of the most horrific events is being attacked by a violent dog or seeing someone being attacked. Unlike car accidents, these attacks are more likely to result in injuries requiring surgery, leaving physical and emotional scars. These animals do not hold back and can unleash terror in most people. Dogs do not have to be big because even the smaller ones can create serious injuries. The most unfortunate fact is that most dog bite victims are children. For the Best Dog Bite Attorney’s in Colorado, call Beck Law.
Strick Liability under Colorado Statute
Colorado law protects against serious bodily injury (SBI). It imposes strict liability on owners when their dog bites a person who is lawfully on public or private property and suffers serious bodily injury or death from being bitten by a dog. The owner remains liable even if the dog has never bitten someone or displayed violent tendencies before. This statute focuses on injuries, rather than the dog’s history.
Under this statute, the injured person can bring a personal injury claim against the owner without the burden of proving the dog owner was negligent. The victim only has to show that the serious bodily injury or death occurred. This claim can be for economic damages ONLY That means, pain and suffering claims are not allowed under this Colorado dog bite statute. However, a claim for non-economic damages can be brought under a negligence action.
Colorado’s dog bite statute of limitations requires victims to file their claims within two years of the attack.
- Negligence Can Play a Role in Dog Bite Claims
Colorado dog owners have a duty to prevent harm by restraining their dogs in public and adhering to leash laws. If an owner disregards these responsibilities and has a reactive or dangerous dog that causes an injury, they may be considered negligent.
In Colorado, state law requires dog owners to always keep their pets under control, typically using a leash when in public spaces. Many cities have specific leash ordinances that mandate dogs be on a leash no longer than six feet unless in designated off-leash areas.
When the Owner Is Not Liable
A dog owner is not liable to a person who suffers bodily injury:
- when the injured person is unlawfully on public property or private property (whether or not the homeowner put out a no trespassing sign);
- when the person is on the dog owner’s property and a warning sign (such as “beware of dog” or “dangerous dog”) is posted;
- while the dog is used as a police or military dog in the performance of its duties;
- as a result of the injured person knowingly provoking the dog;
- if the person is a vet, dog groomer, or other professionals who work with dogs; or while the dog is working to hunt, herd, farm, ranch, or control predators on the property of the dog’s owner
It is also possible to impose liability on animal control departments and other public entities that have failed to take action against dangerous dogs. Liability can sometimes fall on landlords and homeowners associations, if the proper elements are proven.
Dog bites can leave lasting effects that go far beyond the initial physical injury. Victims may suffer permanent scarring or disfigurement, sometimes requiring costly reconstructive surgeries.
You need the Best Dog Bite Attorney in Colorado. Beck Law has extensive experience and knowledge regarding these cases. They will be with you every step of the way and treat you with respect and kindness.
What can I do right after a dog bite?
If you or someone you know is bitten by a dog, act quickly and seek medical care to prevent any adverse complications.
Next, you can notify local animal control authorities to create an official record of the attack. Collect details about the dog and its owner and note whether the attack occurred on public or private property.
Photograph the injuries, the location, and any evidence, while also gathering witness statements.
What is strict liability?
Strict liability under Colorado dog bite law means that an injured person does not have to prove that the owner of the dog was negligent, only that they suffered SBI.
If the elements of the statute are met, the dog owner is liable for the injured person’s economic damages.
What kinds of injuries reach the level of serious bodily injury?
Many different things can reach the level of serious bodily injury, including, but not limited to:
- life-threatening injuries;
- severe tearing of the skin, especially if on the face;
- broken bones as the result of a dog attack;
- organ damage, such as to the liver;
- loss of feeling in the hands or feet (paralysis); or
- amputation.
What kinds of damages can I recover under the Colorado statute?
Under the statute, a person is only entitled to collect “economic” damages, which include:
- medical bills (especially those not covered by the victim’s insurance company, and it does not matter whether the victim was treated in Colorado or elsewhere in the United States);
- future medical expenses;
- psychological counseling costs;
- loss of income;
- future loss of income; and
- loss of earning power.
When can I collect non-economic damages for a dog bite?
A person cannot collect “non-economic” damages, like pain and suffering, under the statute but can do so under a regular negligence action.
Non-economic damages include:
- pain and suffering;
- loss of consortium (companionship and sex);
- grief;
- sorrow; or
- psychological harm / emotional distress.
Non-economic damages are limited by caps, so their recovery is often limited, except in cases of permanent physical impairment.
Can I sue a dog owner if the statute does not apply to my case?
If the Colorado code section does not apply, there is nothing to stop an injured bite victim from bringing a dog bite claim against a dog owner under a negligence action.
To prove that the dog owner was negligent, a person who is injured must prove:
- that the person being sued owed a duty of care to the plaintiff;
- that the defendant breached that duty of care;
- that the defendant’s breach was the cause of the injury; and
- that the plaintiff sustained injuries that can be quantified in terms of monetary damages.
In determining whether a person breached a duty of care, the jury will consider:
- whether a reasonable person
- of ordinary prudence
- would have acted in the same way
- in the same circumstances.
What does a negligence action allow me to do?
If a person suffered injuries as the result of a dog attack, but the injuries did not rise to the level of “serious bodily injury,” that person can still recover both economic and non-economic damages through a negligence action.
The injured person must prove that:
- the dog owner had a duty to keep his or her dog from harming others;
- the dog owner failed to protect others;
- the dog caused the injuries suffered; and
- the amount of damages the person suffered as a result of the attack.
- Emotional trauma is also common, particularly for children, who may develop a long-lasting fear of dogs or anxiety in similar situations. Additionally, infections like tetanus or rabies can arise, which are associated with extended recovery times.
- Seeking help from a skilled Denver dog bite attorney will provide the support needed to recover financial losses and address the physical and emotional toll of a bite. With proper legal guidance, victims can secure compensation for medical expenses, therapy, and other damages.