Introduction to Colorado’s Dog Bite Statutes
The general overview of dog bite laws in Colorado is crucial for anyone who has been affected by these unfortunate but common incidents. Colorado’s dog bite law, outlined in the revised Colorado Revised Statutes as C.R.S. 13-21-124, puts the onus of responsibility on the dog owner, and pet owners must be well advised of their responsibilities to prevent tragic events. They must also be aware of the full financial implications they could face if their dog becomes aggressive and bites someone.
Dog bite laws in Colorado are important in understanding how liability is determined after an incident. They apply to owners of all breeds of dogs regardless of size, breed or color. But these dog bite laws do not apply to people who are bit by a dog while committing criminal acts or people who are trespassing.
Dog bite laws can have financial ramifications in the form of liability under the premises or strict liability laws. This means the dog owner may be subject to paying for medical expenses and other expenses that arise from a dog bite incident. The dog owner could also have additional financial responsibility to cover property damage that results from a dog bite, such as if the person who was bitten needs a new headlight in a vehicle or a new fence around a yard .
Dog bite laws based on liability require that the plaintiff prove there was a proximate cause for the dog biting the person and that the dog owner was negligent in helping the cause continue, such as by letting the dog run unleashed in public where it could bite another person or an animal.
These laws also mean that when a dog is provoked it is difficult to prove a dog bite incident was caused by negligence of the dog owner. It is also difficult to prove there was no risk to the dog in the provocation. If a dog bites during training, medical examination, grooming or nails being clipped, the dog could be acting out defensively. In practice, the dog’s owner will likely be held responsible for the actions of the dog.
Another way this can play out is if a dog biter causes injury to a domestic animal, the dog owner could also be subject to fines or liability due to a negligent bite that harms a domestic animal. With C.R.S. 13-21-124, this could mean a significant and possibly even life-altering bite for one who is responsible for the actions of the animal.
Strict Liability versus Negligence
Understanding how the law views a dog bite case is essential to a personal injury claim. In Colorado, two different legal theories apply to dog bites: strict liability and negligence.
If a dog attacks a person unprovoked, Colorado law imposes liability (responsibility) on the owner of the animal. Under strict liability, the question is whether or not a dog bit or attacked a person. (C.R.S. 13-21-124)
The term "attacks" means that the dog chases, menaces, stalks, or approaches a person with the intent to bite. The primary focus, therefore, is whether a dog has bitten or "attacked" a person. When a dog bites a person, the victim does not have to prove that the owner was aware of the dog’s dangerous propensities.
Owner liability under strict liability may apply in many circumstances. For example, strict liability may apply if a third-party dog is provoked by a person, then bites that person. In such case, the victim can pursue a strict liability claim against the owner of the attacking dog.
Strict liability, however, does NOT apply to all dog attacks. For example, if a dog bites a trespasser, strict liability will likely not apply. Owners have a right to protect themselves, their property, and their families. Additionally, Colorado courts could find that the trespassing person was responsible for the attack.
The second legal theory in Colorado dog bite cases is negligence. Colorado dog bite law specifically states that if the dog owner breached a duty that resulted in the dog biting another person, the owner may be liable for the injuries and damages. C.R.S. 13-21-124(5)
Under negligence, three rules apply:
Negligence claims may apply even if a dog did not attack anyone. For example, negligence claims may apply if a dog chases and bites an innocent bystander causing injuries. The victim could successfully file a negligence claim against the owners of the dog. But for the reasons we just discussed, no liability would arise under strict liability.
Negligence liability may apply in other circumstances, too. For example, if a dog escapes from its owner’s property/unleashed, and the dog causes injuries, the owner/landlord may be liable if he or she was negligent in securing the property and/or keeping the dog restrained.
Dog bite victims must be able to identify whether their claim is one of strict liability or negligence. In some cases, both claims apply. For example, if a landlord was negligent in maintaining common areas or hallways, and the tenant’s dog entered the hallway and bit someone, the landlord could be liable under either strict liability or negligence. In these kinds of instances, you may have more than one option for filing and pursuing a dog bite claim.
The Legal Duty of Dog Owners
Owners or caretakers of dogs in Colorado have a very specific legal responsibility to protect the public from personal injury and property damages caused by their pet. The legal responsibility is a duty owed to the general public that arises if the animal attacks or bites someone due to the animal’s natural behavior and proclivities. Under the Animal Control Law, the owner or caretaker of a dog has a direct legal liability for their dog:
(a) Which attacks, bites, or endangers the safety of any person or domesticated animal; or
(b) Which causes personal injury, death, or damage to property.
In other words, if a dog attacks or bites someone, the owner or caretaker is liable for both the injury that was inflicted as well as any injury that may have been caused by the attack or bite, including the costs of medical treatment. For example, if a dog was tied up and while barking, a person was injured by the barking, the bill for the treatment of a sprained ankle would be part of the damages assessed against the dog’s owner.
However, the definition of "owner" under the Animal Control Law is very limited. The legal definition of "owner" is the person who keeps a dog, which essentially can be the caretaker of the animal (for example, a caretaker at a rescue center), but not necessarily the owner of the dog. This limitation becomes very important for Colorado dog bite lawyers who are able to easily establish whether an individual is legally liable for a particular dog bite or attack.
There is also a provision for strict liability if the attack or bite was committed by a vicious or wild animal. However, in Colorado, "vicious" is defined as 1) attacking any person with intent to bite or injure him; and 2) without provocation. Thus, this specific provision is inapplicable to most dog bite claims.
One example of a dog attack that would be subject to this strict liability would be where the animal was injured or put in a threatening situation by someone and then reacted by attacking or biting the offending person. In such a case, there would be no liability on the part of the dog’s owner because the bite was not ‘without provocation.’
The law does not impose strict liability upon the owner of a dog not kept as a pet or for sporting purposes. Essentially, a dog or animal used for commercial purposes such as herding or guarding livestock is considered not to be a threat to the public.
The Colorado Dog Bite Laws make it very clear that in cases where a dog either attacks or bites a person, the owner or caretaker is ultimately responsible for any damages. If the animal endangers people or causes personal injury or property damage, the owner or caretaker is legally responsible. From the dog bite attorney’s point of view, this simplifies the process of determining liability in a claim, since the liability is strictly imposed by the Animal Control Law upon the owner of the animal.
What to Do if a Dog Bites You
If you are bitten by a dog in Colorado, the steps you take can have a significant effect on your life and your potential cases. From the time you are bitten to the time you file a claim, you must do the right things in order to secure your future. Taking the following steps can ensure you get the medical and legal help you need.
Take Photos
Immediately after your injury occurs, it’s vital that you do two things: It’s always best to begin legal proceedings as quickly as possible. However, when bitten by a dog, immediate medical treatment is more important than filing a claim. Always seek medical attention first. If the dog has not left the scene, request the owner’s insurance information. If they are unwilling to provide it or are unable to do so, use your smart phone to take a photo of the dog’s license plate and all other details you will need to describe the vehicle and/or animal. Take as many photos as necessary. The more evidence you have, the better.
See a Doctor
You need to see a doctor as soon as possible after your injury. The sooner you get the medical care you need, the sooner you can begin to recover.
Report the Attack
It is imperative that you report the attack to animal control. Reporting bites protects others from becoming victims and gives you the best chance of being compensated for your injuries.
Contact an Attorney
You have a limited amount of time in which to file a claim. Not only will your attorney help you figure out who to hold responsible for the injury, but they will also gather the evidence necessary to build the strongest case possible. This means obtaining witness statements and photographs of the scene, gathering information about the dog and its owner and obtaining a copy of your medical bills to demonstrate expenses associated with your injuries. After an animal attack, many people don’t really know what to do first. Take the steps above and keep them in mind to ensure your case moves forward as smoothly as possible.
Potential Defenses to a Dog Bite Claim
In Colorado, defendants may raise several defenses in a dog bite lawsuit. As discussed below, however, there are legal considerations for each of the raised defenses.
Owner’s Actions – A defendant dog owner can argue that the injured victim’s own actions contribute to the biting incident. The defendant may argue that the injured person provoked or harassed the animal, negligently treated the dog, or otherwise engaged with the dog in a way that contributed to the attack. Damages awards may be reduced in accordance with the plaintiff’s degree of fault.
Statutory Defenses – A dog owner may argue that he or she is exempt from liability under Colorado law’s statutory affirmative defenses to dog bites. Since the law does not impose liability on a dog owner for dog bites that occur in certain common scenarios, each of the following statutory affirmative defenses can be raised in a dog bite case:
Trespass – In Colorado, a trespasser cannot recover for injuries sustained while committing a trespass . A defendant dog owner may therefore argue as a defense that the injured person was trespassing when bit. This defense can be disputed if the injured person was not aware that the area was off-limits or when invited into the area.
Provocation or Interference with Animal – A dog owner may not predict the unpredictable. A defendant dog owner will likely argue – sometimes successfully – that the injured party displayed overly rough or aggressive behavior, which provoked the otherwise docile animal to bite. This defense may be used in connection with other affirmative defenses, including the self-defense or good Samaritan defenses.
Owner’s Prior Knowledge – Liability is imposed on a negligent dog owner who has reason to know of the dangerous propensities of the animal before the incident. If the dog owner did not have knowledge of the dog’s propensities, then the injured person may not be able to collect damages.
Damages and Compensation
Compensation and damages for dog bites in Colorado can vary greatly from case to case. Colorado law permits the recovery of both compensatory damages and punitive damages. Compensatory damages include both general and special damages. General damages are non-economic damages. They are not supported by bills or receipts. They include compensation for pain, the emotional distress you suffered as a result of the dog bite, any mental illness you developed as a result of the injury, permanent impairment, and loss of enjoyment of life. Special damages, on the other hand, are the exact economic expenses incurred by the victim as a direct result of their dog bite injury. The special damages for a dog bite injury most often include medical expenses and lost wages from time off work to recover. They may also include future medical expenses and loss of income in the future if the dog bite caused permanent impairment. Courts will only award punitive damages if there is clear and convincing evidence that the dog owner acted with willful and wanton negligence. The purpose of punitive damages is to punish the dog owner and deter them and others from similar actions in the future.
Recent Legislation and Court Cases
Some of the more recent notable changes to Colorado dog bite laws involve SB 15-217, an act relating to the adoption of improved standards for the care of custodial animals. The act requires sheriffs and police departments to provide dog bite training based on data collected from local animal control agencies to identify the most common breeds involved in bites. As of July 2015, the Centers for Disease Control and Prevention (CDC) released new guidelines using a different method of categorizing potentially dangerous dog breeds. Some counties are considering establishing a "dangerous dog task force" to address the rising frequency of reported dog bite cases in their municipalities.
In 2016, a Colorado family was awarded $20,000 after a 3-year-old girl sustained serious injuries from a dog bite while playing at a friend’s home. In this instance, a pit bull mix was tied up outside and was not properly restrained by the dog owner, which resulted in the child’s hospitalization for multiple lacerations to her arm and leg. The owners provided no warning that the dog was tied to a tree and would bite if anyone tried to get too close—it took only minutes for the pit bull to sustain serious damage to the child’s arm and legs. A dog’s owner in Colorado is legally required to inform guests about any potentially dangerous conditions.
Similarly, a dog bite case in 2017 involved a 9-year-old girl who was attacked by a German shepherd. The dog was placed into quarantine for 10 days after attacking the child outside of her home, but a lawsuit filed by her family requested $200,000 in damages, partially due to the amount of stress the attack caused to her mother. While laws in Colorado only require isolation of a dog when it is believed to be rabid, the family reportedly made the decision to get rid of the animal after their daughter’s treatment was complete.
Another dog bite case filed in Colorado demonstrated how important it can be to know the true nature of your dog. A dog owner was bitten on the hand in July 2017, and then treated by EMS at a local hospital. The same animal had already bitten two other people; the dog was quarantined for rabies testing at County Animal Control, and the man was awarded $25,000, assuming that there would be more complications in his recovery. The man’s ongoing medical expenses, however, resulted in treatment costing him more than $60,000.
How to Find Legal Help
It is important to find an experienced dog bite attorney you can trust with your case. While many people believe that they can handle their dog bite insurance claim on their own , the reality is that is difficult to navigate through the process successfully without an experienced attorney on your side. A qualified law firm will provide superior local representation throughout Colorado, including Denver and the surrounding areas, as well as statewide, to clients in dog bite injury cases.