Dog attacks can cause serious physical injuries, emotional trauma, and significant medical expenses. If you’ve been bitten by a dog in Colorado, you may wonder whether the owner is automatically responsible or whether you have to prove they knew the dog was dangerous.
Colorado’s dog bite laws are different from what many people expect. While some states follow a traditional “one-bite rule,” Colorado has a statute that imposes strict liability in certain situations. At the same time, negligence claims may still be available in others. Understanding how these legal principles work can help injured victims better understand their rights after a dog attack.
What Is Strict Liability?
Strict liability means that a dog owner may be legally responsible for certain injuries caused by their dog regardless of whether the owner acted negligently or knew that the dog had aggressive tendencies.
Under Colorado law, strict liability may apply when a dog causes serious bodily injury or death by biting a person who is lawfully on public or private property.
In these cases, the injured person generally doesn’t have to prove that the owner knew the dog was dangerous or that the dog had bitten someone before.
Does Colorado Follow the “One-Bite” Rule?
The phrase “one-bite rule” refers to the traditional legal doctrine followed in some states, where an owner may avoid liability for a dog’s first bite unless they knew or should have known the dog had dangerous tendencies.
Colorado does not rely solely on this traditional rule.
Instead:
- Colorado’s strict liability statute may apply when a dog bite causes serious bodily injury or death.
- In cases involving less severe injuries or other types of harm, an injured person may still pursue a claim based on negligence or another applicable legal theory.
Since different legal standards may apply depending on the circumstances, it’s important to evaluate each case individually.
What Qualifies as Serious Bodily Injury?
Whether strict liability applies often depends on the severity of the injuries.
While every case is unique, serious bodily injury may involve injuries such as:
- Significant risk of death
- Permanent disfigurement
- Permanent loss or impairment of a body part or organ
- Multiple fractures
- Other severe injuries recognized under Colorado law
The nature and extent of the injuries often determine which legal claims may be available.
What If the Injuries Are Less Severe?
Not every dog bite causes catastrophic injuries. Even relatively minor bites can require medical treatment, lead to infection, or result in permanent scarring.
If the strict liability statute doesn’t apply, an injured person may still have the ability to pursue compensation by showing that the dog owner acted negligently.
Examples would include failing to properly restrain the dog or violating local leash laws.
The available legal remedies depend on the facts surrounding the attack.
Are There Exceptions to Owner Liability?
Colorado law recognizes situations in which a dog owner may not be held strictly liable for a bite.
Those potential exceptions include if the injured was trespassing, the dog was performing military or law enforcement duties, or if the injured person provoked the dog.
Whether an exception applies depends on the specific facts of the incident.
What Should You Do After a Dog Bite?
The actions that you take immediately after a dog attack can impact both your health and any future legal claim.
If at all possible:
- Seek medical treatment promptly.
- Report the bite to local animal control or the appropriate authorities.
- Photograph your injuries.
- Identify the dog and its owner.
- Obtain contact information from any witnesses.
- Keep records of your medical treatment and expenses.
Prompt documentation can help preserve evidence while your injuries and the circumstances of the attack are still fresh.
Why Legal Guidance Matters
Dog bite claims can involve questions about the severity of injuries, whether Colorado’s strict liability statute applies, and whether additional negligence claims are available. Working with Arckey & Steele can help injured victims understand their legal rights and pursue appropriate compensation.
