Who is liable after a dog bite incident in Colorado depends on the details of the attack. Colorado follows strict liability when a dog bite causes serious bodily injury or death, which means the dog owner can typically be held responsible. However, liability can also extend to landlords, property owners, or other negligent third parties in some cases.
If you or a loved one were attacked by a dog in Colorado, Olson Personal Injury Lawyers can help you understand your rights, identify who is liable, and pursue compensation for your losses. Schedule a free consultation with our Denver dog bite lawyers to learn more about your legal options and how we can help.
Key Takeaways
- Under strict liability, dog owners are liable for injuries caused by their dog, even if they didn’t know of the animal’s aggressive or violent tendencies.
- Others may be responsible for a dog bite in Colorado, including landlords, property owners, dog sitters, and negligent third parties.
- Dog owners and insurance companies may attempt to deny liability or shift blame to victims.
- Working with an experienced dog bite lawyer can help to protect your right to fair compensation.
When the Dog Owner May Be Liable
According to CRS 13-21-124, an owner can be held liable for fatal or serious bodily injury after a dog bite in Colorado. Unlike states that have a one-bite rule, Colorado dog bite victims do not need to prove that the owner knew of the dog’s viciousness before the attack. The injured person can claim compensation for medical bills and other economic losses, even if the dog has no prior history of aggression.
If the owner did know about their dog’s aggressive tendencies, bite victims may have additional compensation options. Proving dog owner negligence in Colorado could result in recovering both economic and non-economic damages, such as pain and suffering, emotional distress, and disfigurement.
Examples of when a dog owner may be liable for a dog bite include:
- Failing to have their dog on a leash
- Having inadequate enclosures for the dog
- Knowing of violent behavior and not taking reasonable precautions
When the Property Owner or Landlord May Be Liable
Colorado landlords and property owners have a legal duty to maintain safe premises and to remove hazards that could result in injuries. Allowing a known aggressive animal on the property without taking reasonable safety measures could support a negligence claim.
While landlord liability for dog bites in Colorado can be challenging to prove, there are situations in which they may be responsible, such as:
- Knowing of a dog’s aggression, but allowing the animal on the property
- Failing to require the tenant to leash or restrain their dog
- Ignoring prior incidents involving a violent dog
Dog bite claims involving a private property owner or landlord mostly apply to rentals and residential spaces. Because injury claims involving landlords can be complex, speak with a Denver premises liability lawyer to see if you have a case and how you can move forward.
Other Parties That Could Be Responsible
In addition to dog owners, landlords, and property owners, other third parties may share responsibility for a dog bite, including:
- Dog sitters, walkers, or caretakers: Anyone who had control of the dog when the bite occurred could be liable if they did not take reasonable steps to prevent the attack. For example, they did not have the dog leashed in a public space or failed to secure the dog’s enclosure.
- Businesses that allow a dangerous dog on the premises: Business owners, commercial property owners, or business managers may also be liable for dog bites when they permit dogs on the premises.
- Homeowners’ associations (HOAs): When an HOA is made aware of an aggressive dog that could be dangerous and does not address the situation, the HOA may be partly at fault when the dog attacks someone on community grounds.
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Common Defenses in Colorado Dog Bite Cases
After being attacked by a dog, medical bills and related expenses can start to pile up quickly. Unfortunately, dog owners and insurance companies may try to shift the blame to you to avoid paying the compensation you deserve. Here are common defenses they may use to discredit your claim:
The Victim Trespassed
Dog owners may argue that the dog bite victim was on their private property without permission, which could affect liability, particularly if the owner had posted warning signs about the dog.
The Victim Provoked the Dog
Provocation is another common defense, claiming that the victim behaved in a way that made the dog react aggressively or in self-defense. For example, the victim teased or hit the dog.
The Bite is Not a Serious Bodily Injury
To recover economic damages after a dog bite, victims must have sustained a “serious bodily injury.” Dog owners may try to deny financial responsibility for your medical bills by arguing that your injury does not meet the qualifications, including:
- Risk of death
- Risk of permanent disfigurement
- Possible loss or impairment of bodily functions
- Broken bones or fractures
At Olson Personal Injury Lawyers, we know the tactics insurance companies use to pay the least amount possible to victims. Sean Olson and our team of experienced attorneys conduct thorough investigations and gather crucial evidence to prove liability, protecting you from unfair treatment and maximizing your compensation.
What Victims Can Do After a Dog Bite in Colorado
A sudden dog attack can be a frightening experience, followed by confusion over how to handle the situation. While the aftermath may feel overwhelming, there are things you can do to protect your rights and put you in the best position to recover compensation, including:
- Seek medical attention right away for your injuries.
- Document your injuries by taking pictures and keeping copies of medical records.
- Gather contact information from the dog owner and any witnesses who were there during the attack.
- Report the incident to animal control and other local authorities.
- Avoid speaking with insurance company representatives without legal guidance.
- Consult with a trusted dog bite attorney to discuss your situation and see if you qualify to take legal action.
Taking these steps will preserve essential evidence that can help your lawyer build a strong case on your behalf.
How Our Colorado Dog Accident Lawyers Can Help You
If you were bitten by a dog in Colorado, we understand the struggles you’re facing and are ready to help you fight for justice. With knowledge of Colorado dog bite laws and in-depth experience investigating liability in personal injury cases, you can trust us to handle every step of your claim while you focus on your health and recovery.
Our team is proud to provide an unwavering customer experience and outstanding results when our clients need it most. To learn more about our legal services and how we can assist with your dog bite claim in Colorado, call (505) 391-8978 or contact us online for a free consultation.
