Can You Press Charges If a Dog Attacks Your Dog?
After a dog attack on your pet, you may face unexpected veterinary bills. In this case, suing the owner of the dog may be an option, and the state of Colorado offers some avenues to hold dog owners accountable. With the help of an experienced dog bite lawyer, you can effectively navigate the legal system and seek compensation.
At Boesen Law, we have decades of experience helping clients build strong cases in Colorado to recover losses caused by someone else’s negligence. After a dog attack on your pet, we can lay down all potential avenues for compensation, helping you protect your pet and seek justice for the harm sustained. Below is a breakdown of all you need to know in these situations:
What If Someone’s Dog Attacks My Dog?
Although it isn’t necessary to prove negligence for dog bite cases involving serious bodily injury or death to humans (under C.R.S. § 13-21-124), this strict liability doesn’t apply to dog-on-dog attacks.
In these cases, you must prove negligence by assessing whether the owner failed to exercise reasonable care to prevent the attack. This includes, for example:
- Allowing the dog to roam without a leash in areas with leash laws.
- Failing to restrain a known aggressive dog.
- Not adhering to local ordinances regarding dangerous breeds.
Demonstrating such negligence will strengthen your civil claim for damages, which can cover veterinary expenses and, in certain cases, compensation for emotional distress. To start building a case after a dog attack, thoroughly document the incident with relevant evidence and report it to local authorities or animal control.
Potential Defenses Dog Owners May Use
Dog owners can use several defenses to avoid liability, shifting blame to the victim or their pet. Common defenses include:
- Arguing provocation by the attacked dog: Claiming the victim’s dog instigated the attack by teasing, threatening, or otherwise provoking the aggressor.
- Asserting the victim’s dog was trespassing: Alleging the attacked dog unlawfully entered private property. This can reduce or eliminate liability for the dog owner.
- Denying responsibility for the attacking dog: Claiming the dog involved in the incident was not under their ownership or control at the time of the attack.
Securing the right legal expertise will help you effectively counter these defenses. At Boesen Law, our experienced personal injury lawyers can thoroughly investigate the case, gather evidence, and present compelling arguments to prove liability and challenge potential defenses.
What Happens if My Dog Kills Another Dog?
If your dog attacks and kills another dog, you may face legal consequences under Colorado’s dangerous dog laws. Their severity will depend on the circumstances of the incident and your dog’s history.
On the one hand, the other dog’s owner may seek compensation for the loss of their pet through a civil claim for damages, including veterinary bills, emotional distress, and other related costs. Additionally, depending on the circumstances, local authorities can impose fines for failing to control your dog.
Seeking legal counsel is essential in these situations. An experienced attorney will help mitigate these consequences, protecting your rights while addressing the other party’s concerns.
Damages You Can Claim After a Dog Attack
Pet owners can recover various types of compensation when their dog is harmed in an attack. Under Colorado law, you can file a claim to recover both the financial and emotional toll of the incident, including:
- Veterinary bills and ongoing treatment costs: Expenses for emergency care, surgeries, medications, and rehabilitation for injuries sustained during the attack.
- Emotional distress caused by the attack: Compensation for the mental anguish, anxiety, or trauma experienced by the pet owner due to the incident and its aftermath.
- Property damage or loss if the dog dies: Reimbursement for the pet’s market value or replacement cost, along with burial or cremation expenses.
Steps to Take After Your Dog is Attacked
To build a strong legal case, follow these steps after a dog attack:
- Separate the dogs safely: Break up the altercation without risking personal injury by using a barrier or water to distract the animals.
- Collect contact information: Obtain the name, address, and phone number of the attacking dog’s owner, as well as any witnesses present during the incident.
- Document the scene: Take photos of injuries, the attacking dog, and the location to preserve evidence that supports your claim.
- Report the attack: Notify local animal control or law enforcement to create an official record of the incident. This can be critical for legal proceedings later on.
Can You Kick a Dog If It Attacks Your Dog?
In Colorado, you may use reasonable force to protect your pet from an attacking dog. This includes actions like kicking the aggressor to prevent harm.
However, use a force proportional to the threat and try to avoid escalating the situation. Excessive force or actions resulting in severe injury to the attacking dog could lead to legal repercussions, including animal cruelty charges.
Contact local authorities or animal control to handle aggressive animals whenever possible to avoid disputes. If you’ve had to use force to protect your pet, it’s advisable to seek a lawyer’s help to protect your rights and address any accusations of excessive force.
Colorado Statute of Limitations for Dog Attack Cases
In Colorado, the statute of limitations for filing a personal injury claim (including those arising from dog attacks) is two years from the date of the incident. This means you have a two-year window to initiate legal action against the responsible party.
Failing to file within this period typically results in losing the right to pursue compensation, so make sure to act promptly. Consult with a legal professional early to ensure your case is built on time and your claims are filed within the appropriate deadline.
Contact a Dog Bite Attorney Today – Decades of Experience in Colorado
After a dog attack, having experienced legal representation can make all the difference. At Boesen Law, we became the trusted ally of countless individuals across Colorado, helping them secure the compensation they deserve. As seen in our case results, our results-driven approach allows us to handle even the most complex cases.
If you or your pet were harmed in a dog attack, don’t wait to take legal action. From the initial consultation to the final resolution, Boesen Law stands by you to fight for your right to compensation. Plus, we charge no fees unless we win your case, so you don’t have to worry about upfront costs.
Contact us today to schedule a free consultation with one of our lawyers. We’re available 24/7 to answer your questions and outline your legal options.
