What do you do when you or your child has been bitten by a dog? There is a statute in Colorado, known as the Colorado dog bite law, which basically sets out the law surrounding dog bites and dog attacks. This statute is a strict liability statute which means that a dog owner is strictly liable for the injuries caused by dog attacks. When one is strictly liable, you do not have to prove negligence. However, this only applies when the dog causes serious bodily injury or harm. If a dog causes a minor injury, then negligence rules apply and an injured victim would have to prove that the dog owner was negligent in some way, which negligence caused or allowed the dog attack to happen.
Here is the text of Colorado’s dog bite statute, Col. Rev. Stats. sec. 13-21-124 (Civil actions against dog owners):
- 13-21-124. Civil actions against dog owners.
As used in this section, unless the context otherwise requires:
(a) “Bodily injury” means any physical injury that results in severe bruising, muscle tears, or skin lacerations requiring professional medical treatment or any physical injury that requires corrective or cosmetic surgery.
(b) “Dog” means any domesticated animal related to the fox, wolf, coyote, or jackal.
(c) “Dog owner” means a person, firm, corporation, or organization owning, possessing, harboring, keeping, having financial or property interest in, or having control or custody of, a dog.
(d) “Serious bodily injury” has the same meaning as set forth in section 18-1-901 (3) (p), C.R.S. - A person or a personal representative of a person who suffers serious bodily injury or death from being bitten by a dog while lawfully on public or private property shall be entitled to bring a civil action to recover economic damages against the dog owner regardless of the viciousness or dangerous propensities of the dog or the dog owner’s knowledge or lack of knowledge of the dog’s viciousness or dangerous propensities.
- In any case described in subsection (2) of this section in which it is alleged and proved that the dog owner had knowledge or notice of the dog’s viciousness or dangerous propensities, the court, upon a motion made by the victim or the personal representative of the victim, may enter an order that the dog be euthanized by a licensed veterinarian or licensed shelter at the expense of the dog owner.
- For purposes of this section, a person shall be deemed to be lawfully on public or private property if he or she is in the performance of a duty imposed upon him or her by local, state, or federal laws or regulations or if he or she is on property upon express or implied invitation of the owner of the property or is on his or her own property.
- A dog owner shall not be liable to a person who suffers bodily injury, serious bodily injury, or death from being bitten by the dog: (a) While the person is unlawfully on public or private property;
(b) While the person is on property of the dog owner and the property is clearly and conspicuously marked with one or more posted signs stating “no trespassing” or “beware of dog”;
(c) While the dog is being used by a peace officer or military personnel in the performance of peace officer or military personnel duties;
(d) As a result of the person knowingly provoking the dog;
(e) If the person is a veterinary health care worker, dog groomer, humane agency staff person, professional dog handler, trainer, or dog show judge acting in the performance of his or her respective duties; or
(f) While the dog is working as a hunting dog, herding dog, farm or ranch dog, or predator control dog on the property of or under the control of the dog’s owner. - Nothing in this section shall be construed to:
(a) Affect any other cause of action predicated on other negligence, intentional tort, outrageous conduct, or other theories;
(b) Affect the provisions of any other criminal or civil statute governing the regulation of dogs; or
(c) Abrogate any provision of the “Colorado Governmental Immunity Act”, article 10 of title 24, C.R.S.
If you or a family member have been injured by a dog bite or dog attack, it is important to hire a lawyer who is familiar and experienced in working with the above statute and is able to analyze the different types of injuries that can be caused by a dog. If you have been injured in a dog attack, call Ryan Malnar as he has handled many dog attack cases. Normally, in a dog bite/attack situation, Mr. Malnar can seek a settlement for you by dealing directly with the dog owner’s homeowner’s coverage.
A personal injury lawyer with over 10 years of experience, Ryan Malnar serves Colorado Springs with honesty & integrity.
