How Colorado’s Dog Bite Statutes Work
When it comes to dog bite law in Colorado, the key statutes are the Dog Bite Statute (C.R.S. 13-21-124), the Dog Leash Law (C.R.S. 18-9-204.5) and the Generally Accepted Standards for the Care and Control of Dogs (C.R.S. 18-9-201). Each of these sets of laws comes into play in a dog bite encounter and is useful for the legal team charging the dog owner with the incident.
Colorado law comes down harder on the owners of dogs which have bitten someone in an unprovoked attack than on owners of dogs who are provoked into demonstrating aggressive behavior. If the dog is an aggressor, the owner is subject to strict liability under dog bite law. In a provoked incident, the owner may have defenses available , depending upon the details of the attack.
The Dog Bite Statute requires any dog owner whose dog attacks someone to pay restitution for the following costs:
Two statutes govern the Dog Leash law in Colorado. The leash requirement comes from C.R.S. 18-9-204.5. The generally defined standards of care come from C.R.S. 18-9-201. The general standards of care include information on what dog owners must do to contain their animals and make sure they do not attack others, whether human or animal. The dog leash law in Colorado applies to all dogs and requires that they be leashed in public unless they are in an area specified by the municipality to be a "no leash" zone. These areas are typically fenced in dog parks where dogs can exercise off-leash.
Any dog owner who keeps their dog off-leash in a no-leash zone in which a dog attack subsequently takes place is guilty of a class 2 misdemeanor and is subject to a fine of up to $500.
Strict Liability Theories and Negligence in Colorado
In Colorado, a dog owner may be strictly liable for injuries caused by their dog. Strict liability means that the dog owner is responsible for damages regardless of fault. Because dog bites can have devastating effects, the law tries to balance the interest of the dog bite victim and the interest of dog owners. The owner of the dog is strictly liable if the injured party can prove that the victim was injured when the dog’s owner or keeper "knowingly allowed the dog to run at large." The term "run at large" is not defined in the statute nor in any Colorado case law. However, each town or city has its own municipal code addressing the issue. The violation of the municipal code could also lead to criminal charges for the dog owner. Properly restraining the dog on the dog owner’s property and properly transporting the dog will likely mean that the dog owner has strictly liability for injuries. This can be distinguished from the situation where the dog owner has used reasonable care to restrain the dog and the dog gets out.
If the dog does not meet the definition of a "dangerous dog", then the dog owner will not be strictly liable but can still be sued for negligence if the dog bites someone. The plaintiff will need to prove that the defendant’s conduct fell below the standard of care owed and caused the incident. This is assessed by looking at what a reasonable person would have done under the same circumstances.
Common Defenses in Dog Bite Cases
Not all post-attack stories are the same, however, and some dog owners are able to defend against dog bite claims. Below are some of the most common defenses against dog bite cases in Colorado: Provocation is the most common defense. In this scenario, the victim knew the particular dog was aggressive, but taunted or teased it anyway. When the dog reacted, the victim was surprised or hurt, notwithstanding his or her prior knowledge of the dog’s tendencies and behavior. Trespassing provides a less common defense. The argument is that the victim was trespassing on the owner’s land and somehow incited an incident by some action or behavior. For example, the trespasser may have confronted the dog while trying to sleep in his or her vehicle or while looking for a place to squat. Contributing fault is much less common than the first two defenses, touching on some of the laws on negligent bites outlined above. In this sense, the defense does not deny the occurrence of an attack, but rather places the blame on the victim due to negligence in failing to act carefully and with concern for the animal’s reactions. It’s important to note, however, that contributory fault is only used in a small number of cases, and most of the time the defendant attempts to prove provocation or trespassing as a defense to a claim.
After a Dog Bite: What to Do
The very first priority, after a visit to the local ER or your family doctor, should be to telephone Animal Control. Explain to them that you need to have the animal’s rabies vaccination verified and recorded. This may be something that the hospital will do for you, but it’s good to call in just in case. If the dog is up to date on its rabies, the Animal Control Officer may give you a certificate. If you do not receive anything from Animal Control, then you will need to call Animal Control and get this information directly from them. If you didn’t get help at the hospital, then they should provide all of the information the hospital has. Some hospitals do not keep track of these details, so it may be up to you. You should also call and report the incident to the police. Ask them what additional steps you as a victim can take. In many cities, they may have local victim advocates who can help you figure out what is next. Remember, at no time should you feel alone to handle this. If it is deemed a level 3 or higher dog bite, Animal Control may quarantine the animal in a local kennel. They will watch it for a few days and if they notice any sign of illness, they will euthanize the animal. If the animal shows no symptoms, the Animal Control Officer will arrange for a rabies test. The test results will be done within three or four days. In Colorado, rabies can be found in local bats and skunks. Rabies can’t be found in larger animals, like an infected dog or cat. Many hospitals have different protocols for a dog attack, but there are some general similarities. Since rabies transmission is so rare, Colorado State Health Department recommends a rabies shot, if indicated, within two weeks. If you are not considered high risk, a physician may decide against a rabies shot. You need to check if rabies shots are needed on a case by case basis.
How to File a Dog Bite Suit in Colorado
Colorado is a unique state as far as dog injury claims go. The owner of a dog is only liable for injuries if they were unreasonably negligent in the process of supervising and maintaining control of their pet. This means:
The first step to filing a dog injury claim or a dog bite lawsuit in Colorado is determining whether or not the dog owner was negligent. In some cases, both parties share responsibility, in some cases neither one of them do. In either case, an experienced lawyer can help you file a complaint against the people responsible.
Should you wish to file a claim (Colorado does not have a specific statute of limitations for dog bite injuries as it has for other personal injury claims) , your personal injury lawyer will gather information about the incident which led to the injuries:
The amount and types of compensation you can receive varies depending on the severity of the injuries, the amount of damage, loss of wages and so forth. You may receive compensation including:
In some cases there may be other forms of compensation available, including punitive damages. Speak with your lawyer about your situation and the possible outcomes once your claim is filed.
The Role of a Colorado Dog Bite Lawyer
Hiring an attorney who is experienced and knowledgeable in Colorado dog bite law can mean the difference between settling your case fairly and securing the compensation you deserve for your injuries or losing out on your rights. At the very least, a skilled Colorado dog bite lawyer will be able to explain your rights to you, helping you gain a clear understanding of what you are legally entitled to financially after dog bite incident. This is an important, but often overlooked, part of dog bite law; many bite victims never understand the full extent of their rights, placing them at risk during negotiations with dog owners and insurance companies. With good legal representation, you will understand the nature of your rights, and be on equal playing field with the other party. Each and every dog bite case is different from other dog bite cases, which means that an attorney needs to take the unique circumstances of each incident into account. A knowledgeable and experienced Colorado dog bite lawyer will be able to help you do exactly that. With a good attorney, you will be able to successfully navigate through the victim’s responsibilities, and help you properly determine how to proceed with your case. Lastly, a good lawyer will be able to help you get the funds you need to pay for medical bills, and even help get you the money you need to pay for lost wages, cleared up auto bills, and many other costs related to your treatment. Additional damages you can recover can include money for pain and suffering, loss of enjoyment of life, and permanent disfigurement.
How to Prevent a Dog Bite
Preventing dog bite incidents is vital to the health and peace of mind of all Coloradans. These tips can help you avoid a dog bite incident at home or in your community:
If You Own the Dog
Owning a dog is a tremendous responsibility. Be sure to take the following safety precautions to prevent bites:
• Select a dog that suits your lifestyle. Consider size, energy level, temperament, and training when you choose a dog.
• Take your dog to obedience school. Nothing is more important than having an obedient, well-trained dog. Obedience classes can further enhance your relationship with your dog.
• Spay or neuter your dog. Spaying or neutering your dog at the appropriate time (between 6-9 months) may help prevent aggression, noise, inappropriate mating behavior, and roaming.
• Keep your dog inside. Dog owners should keep their dogs inside when not being attended, as this prevents them from engaging in unwanted behaviors and potentially harming people.
• Socialize your dog . Taking your dog out to meet other dogs and people helps him build a positive relationship with members of the public.
If You Encounter Another Person’s Dog
You can’t control the behavior of other people’s dogs, but if you’re aware of the following safety tips, you can reduce the chance of a dog bite:
• Avoid approaching other people’s dogs, as they may be anxious or frightened, which could lead to aggressive behavior. Your best bet is to stay at least 50 feet away from dogs who are on a leash, 150 feet from dogs who are not on a leash. If you spot a loose dog, keep your distance and call animal control.
• Stay away from dogs that are sleeping, eating, or caring for puppies. These are vulnerable times for dogs, and they may bite if they think someone is a threat.
• If you see a loose dog, back away slowly—do not run away.
• Do not try to help a dog that appears to be in trouble (i.e. caught in a fence). Leave this to a professional, as frightened dogs can easily bite.
With the tips above, Coloradans can be empowered to stay safe from an unexpected dog bite.