Colorado law holds dog owners strictly liable for dog bites. This means owners are liable for serious bite injuries their dogs cause, even if they didn’t know the dogs could be dangerous. For less severe injuries, negligence rules apply, requiring proof that the owner failed to act responsibly.
Does Colorado Have a One-Bite Law?
Colorado does not follow the “one-bite rule” some states use for dog bite cases. Under these one-bite rules, dog owners are not typically liable for bite injuries if their dogs have never bitten anyone or shown signs of aggressive behavior. The idea behind one-bite rules is that owners should get one chance (one bite) before facing legal consequences if they don’t know their dogs might bite.
In Colorado, the law works differently. The main difference between Colorado’s laws and one-bite rules in other states is that Colorado holds owners accountable for serious bites from the very first incident. Colorado does not give owners a “free pass” for a dog’s first bite like one-bite states do. However, there are two types of dog bite claims in Colorado: strict liability and negligence-based.
Strict Liability Claims
Colorado has a strict liability rule in cases where dogs cause serious injuries, such as broken bones, or death. This means owners are responsible for their dogs’ bites, even if the dogs have never bitten anyone before. It doesn’t matter whether an owner knew their dog was dangerous or not. Colorado’s strict liability rule allows victims of severe bite injuries to seek compensation without having to prove a dog’s past behavior. However, they may only recover money for their economic damages, such as medical expenses and lost wages.
Negligence-Based Claims
Colorado also allows negligence-based claims for less severe injuries. In a negligence-based claim, the victim must show that the owner failed to take reasonable care to prevent the bite. Common examples of dog owner negligence include failing to secure a dog in a fenced yard or allowing it to roam freely in a public area. Ignoring warnings about a dog’s aggressive behavior could also be negligent. Victims may recover both economic and non-economic damages (such as pain and suffering) if they can prove negligence.
Do I Have to Prove Negligence in a Colorado Dog Bite Claim?
In Colorado, whether you need to prove negligence in a dog bite claim depends on the severity of the injuries. Colorado’s strict liability law applies if a dog bite causes serious bodily injury. In that case, you would not need to prove that the owner acted negligently, as they would be automatically responsible. Serious injuries involve:
- Breaks and fractures
- Significant risk of serious permanent disfigurement
- Significant risk of long-lasting loss or impairment of a body part or organ
- Significant risk of death
However, if your injuries do not meet the serious injury threshold or you are seeking non-economic damages, you might need to prove negligence in your dog bite claim. If so, you must show that the dog owner failed to take reasonable care to prevent the bite. For example, if evidence shows an owner allowed their dog to run loose in a busy area or ignored signs of aggressive behavior, it could indicate that they were negligent. You would also need to demonstrate that the owner’s negligence directly contributed to your injuries.
Evidence like witness statements and medical records can strengthen your case. A Colorado dog bite attorney can explain your options for filing a claim and gather the proof you need to support it.
Will the Dog’s Owner Always Be Held At Fault for a Dog Bite Injury?
Under Colorado’s strict liability laws, dog owners are usually responsible for injuries their dogs cause. However, certain exceptions can protect an owner from liability:
- Trespassing – If the victim was trespassing on the owner’s property when the bite occurred, the owner might not be liable – especially if the property had clear “no trespassing” signs.
- Provoking the dog – Another exception could apply if the dog owner can prove that the victim knowingly provoked the dog. The owner could avoid liability if the person who was bitten taunted or abused the dog before the bite.
- Working with dogs – Victims who get bit while working with dogs, such as veterinarians, groomers, or trainers, may not be able to recover compensation.
- Working dogs – The law also protects owners whose dogs work in specific roles, like hunting dogs or police dogs. In cases involving these dogs, owners might avoid liability for injuries their dogs cause while performing their duties.
A Colorado dog bite lawyer can determine whether any of these exceptions could affect your claim and adapt their legal arguments accordingly.
Who Pays for My Dog Bite Injuries in Colorado?
The dog owner’s insurance should pay for your injuries in most dog bite cases. These policies may include:
- Homeowners insurance often includes liability coverage for dog attacks. If the dog owner has this insurance, it could pay for your medical bills, income losses, and other expenses resulting from the bite.
- Renters insurance can provide similar coverage. Many renters’ policies include liability protection that applies to dog bites. If the dog owner rents their home, their renters insurance could cover your claim.
- Some liability policies dog owners may have specifically cover dog-related incidents. These types of policies focus on injuries caused by the policyholder’s dog and can provide additional protection.
If you face significant medical bills or other expenses from a dog attack, you should consult an attorney as soon as possible. They can determine which insurance policies might apply to your situation and negotiate with insurance companies to seek fair compensation for your injuries. They can even take your case to court if necessary to demand the financial recovery you deserve.
Is There a Time Limit for Filing a Colorado Dog Bite Claim?
Colorado law typically gives you two years from the date of the dog bite to file a lawsuit. If you wait too long, the court will likely dismiss your case, and you could lose your right to sue for compensation. This is why you should always contact a lawyer immediately if you suffer a dog bite injury in Colorado. They can handle your claim promptly, manage all the evidence and paperwork for your case, and file everything by the applicable deadlines.
Contact a Colorado Dog Bite Injury Lawyer
Did a dog bite and injure you in Colorado? Take action now by contacting The Wilhite Law Firm for a free initial consultation. Our team is deeply familiar with Colorado’s dog bite laws and can help you explore your options for seeking compensation. Let us handle every aspect of your claim while you focus on getting better.
We have been helping injury victims in Colorado secure the money they need to recover since 1977. Since then, we have secured over a billion dollars in compensation for our deserving clients, including a $150,000 settlement for a dog attack. More importantly, past clients say they felt we “genuinely cared” about their case. Find out how we can put our skills to work for you, too. Contact us today to discuss your case and get started.
