If a dog attacked and injured you in Colorado, are you able to recover compensation for your injuries? Yes, in many cases, you can. After a dog bite injury, you can seek compensation through a personal injury claim against the dog’s owner or other parties responsible for controlling the animal.
Dog bites can cause serious injuries, including lacerations, broken bones, infections, and soft tissue damage. Not only can these injuries be costly to treat, but they can result in long-term physical and emotional damage. If a dog bit you and hurt you, you shouldn’t have to pay for the harm the dog caused you.
Does Colorado Follow the One-Bite Rule?
Some states follow the “one-bite rule.” One-bite rules typically state that a dog owner is liable for injuries caused by their dog only if they have reason to know that the dog is aggressive or dangerous. If a dog has bitten someone before, the owner should know the dog might bite again.
However, Colorado does not follow the one-bite rule. Instead, Colorado applies strict liability in dog bite cases. Under Colorado law, if you were in a location legally and a dog bit you and caused serious bodily injury, you may be able to seek economic damages for your injuries and losses, regardless of whether the dog had a history of aggression. Economic damages are awarded for tangible losses, such as medical bills and lost wages.
Serious bodily injuries are those that involve:
- A substantial risk of death, serious permanent disfigurement, or the loss or impairment of any part of the body
- Breaks, fractures, or second-degree or higher burns
If your injuries do not meet the criteria of serious bodily injury, you may have to prove negligence on the part of the dog’s owner to obtain the compensation you deserve. If the dog has a history of aggression, that would likely be enough to prove that the owner was negligent in failing to control the dog.
Additionally, if you prove that the dog’s owner was negligent and failed to keep control of the animal, you may also be able to seek compensation for your intangible, non-economic losses, such as pain and suffering or disfigurement. Contact our Denver dog bite lawyer today.
When Is a Colorado Dog Owner Liable for a Bite?
Colorado’s strict liability law for dog bites has a few limitations. Dog owners may not be liable if:
- The person bitten by the dog was trespassing on public or private property.
- The property had clear signs warning about the danger of the dog.
- The dog was performing official duties as a police or military dog.
- The person bitten by the dog knowingly provoked the dog to attack.
- The person bitten by the dog was working with the dog as part of their employment, such as veterinary healthcare workers and dog groomers.
- The dog was working as a hunting, herding, farm, ranch, or predator control dog.
Outside of these scenarios, the dog’s owner will be strictly liable for serious injuries the dog causes. Because of this, the owner may try to say that you were trespassing or provoking the dog when you were not. Our experienced dog bite attorneys can assist you in gathering evidence to show the court this was not the case.
What Compensation Can You Recover in a Colorado Dog Bite Claim?
Depending on whether the dog that bit you had a history of aggression, you may be able to recover compensation for your economic and non-economic losses.
Some economic losses you could seek compensation for include:
- Past and future medical expenses for hospital stays, surgeries, prescription medications, and medical devices necessary for treating your injuries
- The cost of past and future lost wages if your injuries forced you to miss work, to work in a lesser capacity, or to exit the workforce entirely
- The cost of household services that you can no longer perform due to your injuries
Non-economic losses you could seek compensation for include:
- The pain and suffering you experienced due to your injuries
- The emotional distress you experienced due to your injuries
- The loss of enjoyment of life if your injuries prevent you from doing things you once enjoyed
- Disfigurement if your injuries caused significant scarring
Colorado law limits the compensation you can receive for non-economic losses to $250,000.
Who Pays for Dog Bite Injuries?
Colorado dog owners can usually rely on their homeowners’ or renters’ insurance to pay for the harm their dogs inflict on other people. Because the dog owner’s insurance pays for the injuries, their insurance policy limits cap the compensation an injured person could receive under the policy. If your injuries cost more than the dog owner’s insurance policy limits, the dog owner may be personally liable for the remaining compensation.
Knowing that an insurance company is typically responsible for covering dog bite claims can ease concerns a dog bite victim might have about seeking compensation from a dog owner who is a friend, relative, or neighbor.
What Is the Time Limit for Filing a Dog Bite Injury Lawsuit in Colorado?
Dog bite injury lawsuits, like other personal injury lawsuits in Colorado, are governed by the state’s statute of limitations. You have two years from the date of the dog bite to file a lawsuit against the dog’s owner to seek compensation for your injuries.
Our experienced Colorado personal injury attorneys can assist you in filing your claim within the statute of limitations. We can also gather evidence supporting your claim, negotiate with the dog owner’s insurance provider for you, and seek the maximum compensation available at trial if the insurance company refuses to settle.
Contact a Colorado Dog Bite Injury Lawyer
Did you suffer severe injuries from a dog bite in Colorado? Contact The Wilhite Law Firm now for a free case review. During your initial consultation, we’ll evaluate your case and explain the legal options available. And we’ll answer any other questions you may have about your case and the dog bite claims process.
