Dog attacks can have lasting physical, emotional, and financial impacts. For victims, understanding the laws and identifying who bears responsibility is a crucial step toward seeking justice and fair compensation. Colorado has clear legal guidelines when it comes to dog bite liability. But navigating these laws can feel overwhelming, especially for those dealing with the aftermath of an attack.
Know more about Colorado's dog bite laws, who can be held accountable, and how victims can protect their rights.
Understanding Colorado’s Dog Bite Laws
Colorado follows a “strict liability” rule in cases of dog bites, but with certain nuances. This means dog owners can be held responsible for attacks, regardless of whether the dog has a previous history of aggression. However, to pursue a strict liability claim, the attack must meet specific criteria.
The strict liability law applies if:
- The victim sustained serious bodily injuries such as broken bones, deep bites, or disfigurement.
- The victim was lawfully present at the location where the attack occurred (e.g., a public space or a private space where they had permission to be).
For cases involving minor injuries or other dog-related incidents (like a dog knocking someone over), victims must turn to negligence laws instead. These cases require proving that the owner failed to take reasonable precautions to prevent the attack.
Who Can Be Held Responsible?
1. The Dog Owner
The primary party held accountable in dog attacks is usually the owner. Colorado law emphasizes that dog owners have a responsibility to prevent their pet from harming others. Whether it means keeping the dog properly fenced, leashed, or trained, failing to do so opens the door to liability.
2. Landlords or Property Owners
If the attack occurred on a rental property and the dog was known to be dangerous, the landlord might share some responsibility. For example, if the landlord ignored complaints from tenants about the dog’s aggressive behavior, they could face liability for allowing a hazardous situation to persist.
3. Caregivers or Temporary Custodians
If someone other than the owner was responsible for caring for the dog at the time of the attack (a dog sitter, walker, or daycare facility), they might be held liable. Their accountability depends on their level of control over the dog and whether their actions negligently contributed to the incident.
4. Businesses or Organizations
Dog attacks that occur at pet-related businesses, shelters, or adoption agencies may place liability on the organization if they failed to ensure a safe environment. For instance, if an adoption agency knowingly placed an aggressive dog in a home without adequate warning, they could be responsible.
Steps to Take After a Dog Bite
For victims of dog attacks, knowing how to act immediately after the incident is crucial to building a strong case. Follow these steps to protect your rights and health:
- Seek Medical Attention: Even minor bites can lead to infections or complications. Ensure that your injuries are documented.
- Report the Incident: Colorado law requires dog attacks to be reported to local animal control or law enforcement authorities.
- Gather Evidence: Take photos of your injuries, the location of the attack, and anything else that might be relevant, such as broken fences or the dog’s behavior.
- Identify the Dog Owner: Obtain contact information and confirm whether the dog has up-to-date vaccinations.
- Consult an Attorney: Defending your rights and building a case can be challenging. An experienced lawyer will ensure you receive the compensation you deserve for medical bills, missed work, and emotional trauma.
Why Work With Denver Premises Liability Lawyers?
Dog bite laws in Colorado can be complex. While strict liability applies to serious attacks, proving negligence in cases of minor injuries or non-bite incidents requires gathering evidence and demonstrating a breach of responsibility.
Having legal representation ensures that you aren’t facing this daunting process alone. At Leventhal Swan Taylor Temming PC, we will advocate for your rights, help negotiate with insurance companies, and work tirelessly to secure the compensation you need to recover fully. We'll help you navigate Colorado’s laws and hold negligent parties accountable.
If you need help strengthening your case, speak with one of our experienced attorneys today. Protect your rights and take the first step toward regaining peace of mind.
Contact us today at (719) 689-8767 for a free consultation.