Denver Dog Bite Attorney

What Happens If My Dog Bites Someone In Colorado?

If you are a dog owner in Colorado and your dog bites someone, you will be held accountable for the incident. The extent to which you are held liable is dependent on the severity of the injuries and whether they were minor or severe. Contacting an experienced attorney as soon as possible will allow you to assess your potential defenses against the claim to minimize the amount of damages you are obligated to pay the victim. 

Your attorney will determine your liability by assessing where the location took place, as liability standards may be subject to change whether the incident happened on your personal property or public property. Should the incident be really severe, there is a possibility your dog may be subject to quarantine, and you, as the owner, may be subject to criminal penalties. 

Dog Bite Laws And Negligence In Colorado 

The Colorado legal system relies on the Colorado Revised Statute 13-21-124, which is a civil law written under Colorado’s jurisdiction pertaining to dog bite laws. This statute establishes that a dog bite victim may have the right to compensation when the bite results in injury. This law further states that determining whether the victim has a right to compensation does not depend on the dog’s history of biting but rather on the severity of the victim’s injuries. As such, if the dog does not have a propensity to bite humans, but the dog bite in question has left the victim severely injured, then the victim will likely be able to obtain a significant amount of compensation for damages. 

Dog bite injuries fall under the wide umbrella of tort law. Torts are civil claims that include wrongful acts that result in injury or damages to a person or their property. One of the most important aspects of any tort claim is the extent of the defendant’s negligence. While the damages for some tort claims can be calculated by the defendant’s negligence in causing the injury, injuries inflicted by animals, such as dog bites, fall under strict liability. 

Strict Liability And Standard Negligence In Dog Bite Claims

Strict liability claims will hold the defendant liable for the injuries regardless of whether they were at fault. In dog bite cases, in particular, a dog owner is strictly liable for severe injuries caused by their dog regardless of the extent to which they had control over preventing the incident from occurring. In order to apply strict liability, the bite victim must be lawfully on public or private property when the dog bite occurs. The victim of a strict liability claim, such as a dog bite, does not need to prove that the dog owner did anything wrong in the situation. Just being able to show that the bite occurred and caused severe injuries is enough to establish strict liability.

However, in less severe dog bite claims, the standard elements of negligence will be applied to establish the dog owner’s liability. For example, if it can be established that the dog owner failed to use reasonable care in restraining their dog at the time of the minor injury, the owner can still be held accountable. 

Defenses Used In Colorado Dog Bite Cases

While there are many different ways to defend oneself in a civil dog bite case, the most common defenses used in Denver dog bite lawsuits include: 

• The dog is engaged in law enforcement duties
• The defendant is a veterinarian who is caring for the dog
• The defendant is a humane society worker who is caring for the dog
• Hunting/farming dogs engaged in work-related activities
• There were clear no trespassing/beware of dog signs on the property
• Comparative negligence — bad acts on the part of the dog bite victim, like a provocation
• Trespassing by the dog bite victim

Regardless of which defense is most suited for your claim, our experienced Denver dog bite attorneys will be able to assert the strongest legal argument on your behalf. 

Contact Our Denver Dog Bite Attorneys At Bachus & Schanker

If you or a loved one have been injured by a dog bite in the Denver, Colorado area, be sure to contact our dog bite attorneys at Bachus & Schanker. We understand how stressful it can be to be involved in a dog bite incident, and our goal is to make your experience with the Colorado justice system as smooth as possible. Our dog bite attorneys are willing to represent you and fight for the compensation you deserve. 

Sources: 

Colo. Rev. Stat. § 13-21-124. (2024).

Negligence Definition. 

Steiner, M. What Are Some Common “Strict Liability” Crimes? (2024).

Tort Definition.

Related Dog Bite Resources