Thought Leaders: Personal injury dog bite claims in Colorado

Dog bites may occur while someone is on the job and a person, firm, corporation, or organization owning, possessing, harboring, keeping, having financial or property interest in, or having control or custody of, a dog, may be a “dog owner” liable for a dog bite. In Colorado, civil dog bite claims are asserted under Colorado’s dog bite statute and/or as a negligence claim. This article provides an overview of civil dog bite claims in Colorado. 

Dog Bite Statute Claims

Under Colorado’s dog bite statute, 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 is 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. Economic damages may include current and future medical expenses, lost wages, loss of earning power, and other damages. A court may also order the dog to be euthanized if the dog owner had knowledge or notice of the dog’s viciousness or dangerous propensities.

A dog owner is not liable if the dog bite victim is unlawfully on public or private property, 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,” the dog is being used by a peace officer or military personnel in the performance of their duties, or the dog is working as a hunting, herding, farm, ranch, or predator control dog on the property of or under the control of the dog’s owner. A dog owner is also not liable where the victim knowingly provoked the dog or if the victim 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 their duties.

Negligence Claims

A dog bite may give rise to a negligence claim. If a negligence claim is proved, or if the owner knew of the dog’s vicious or dangerous tendencies, a victim may recover both economic and non-economic damages (subject to a statutory cap), such as those for pain and suffering, emotional distress, and permanent disfigurement or impairment. Damages may, however, be prohibited or reduced if the victim is also partially at fault for the dog bite. 

Other Considerations

Dog bite claims must be brought within two years of the bite. Failure to file by the deadline may result in the dismissal of the victim’s claim and prohibit recovery of damages. Many dog owners carry insurance policies that cover dog bites. For example, homeowner or renters policies or general liability policies held by commercial property or store owners may cover dog bites. It is important to read the policy to understand coverage limits and exclusions. For example, some policies exclude coverage for certain high-risk dog breeds, such as pit bulls, or if a dog has a prior history of dog bites.

If you or someone you know has suffered a serious dog bite, contact BHGR’s Personal Injury Group today.

This article is informational only. The presentation or use of this information does not in any manner constitute an attorney-client relationship between BHGR and the website user. While the information on this site concerns legal issues, it is not intended as legal advice and is not a substitute for particularized advice from your own legal counsel.