How Can I Sue After a Dog Bite Attack in Colorado?

December 19, 2024

From injuries to emotional trauma, dog bites can have serious consequences. However, if you’ve been bitten by a dog in Colorado, there are avenues to seek compensation. With the help of a knowledgeable dog bite lawyer, you can navigate the state-specific statutes and procedures to build a strong case, file a claim, and protect your rights.

With a proven track record of successful cases, we bring a wealth of knowledge, resources, and expertise to your case, giving you the best chance at securing maximum compensation. Below, we break down the key aspects of suing for a dog bite in Colorado.

Colorado Dog Bite Laws: An Overview

Colorado law imposes strict liability on dog owners under C.R.S. § 13-21-124. This means owners are held responsible for injuries caused by their dogs, removing the need for victims to prove the owner’s negligence.

What is Strict Liability?

Strict liability is a legal principle that makes dog owners automatically responsible for injuries caused by their dog, regardless of the owner’s negligence or awareness of the dog’s behavior. In Colorado, this applies to cases involving serious bodily injury or death when the victim is lawfully on public or private property. In such cases, victims may also consider pressing charges against the dog owner, depending on the circumstances surrounding the incident.

While this framework streamlines the legal process for victims by removing the need to prove negligence, it still demands thorough documentation of the incident to support the claim effectively.

Exceptions to Liability

Certain scenarios exempt dog owners from liability, for example:

  • If the victim was trespassing: Dog owners are generally not liable if the injured person unlawfully entered private property without permission or legal justification.
  • If the dog was provoked: Owners may avoid liability if the victim intentionally provoked the dog through teasing, hitting, or other actions that caused the dog to react defensively.
  • If the dog was a service animal performing specific duties: Service animals engaged in official tasks (such as assisting law enforcement or aiding individuals with disabilities) are often exempt from liability if the injury occurs during their work.

Liability and legal proceedings may differ in cases involving dangerous dog breeds. For example, some municipalities (like Aurora or Denver) enacted ordinances that ban or restrict specific breeds. An experienced personal injury lawyer can assess your case, clarify the applicable nuances, and outline your avenues for compensation.

Understanding Serious Bodily Injury in Dog Bite Cases

Serious bodily injury, as defined under C.R.S. § 18-1-901, encompasses injuries that pose a substantial risk of death, cause disfigurement, or result in long-term physical impairment. This category is important in dog bite cases because it determines the severity of the injury and eligibility for compensation.

Examples of Serious Bodily Injuries

  • Deep lacerations requiring reconstructive surgery: Severe cuts that damage skin, muscles, or nerves often lead to disfigurement and require surgical intervention to restore function and appearance.
  • Fractures or other permanent injuries: Bone breaks or injuries that result in chronic pain, limited mobility, or long-term physical impairments significantly affect a victim’s quality of life.
  • Loss of function in an organ or body part: Permanent damage to organs or limbs, such as paralysis or organ failure, can lead to lifelong medical care and substantial limitations in daily activities.

Proving an injury qualifies as “serious bodily injury” strengthens a victim’s legal claim, allowing them to seek compensation for medical expenses and the broader effects on their life. Properly documenting these injuries should include comprehensive medical records, detailed photos, and expert testimony.

Damages You Can Claim After a Dog Bite

Pursuing legal action after a dog bite in Colorado allows you to recover both economic and non-economic damages:

Economic Damages

These cover tangible costs, including:

  • Current and future medical expenses: Costs for emergency care, surgeries, medications, rehabilitation, and ongoing treatments necessary to manage injuries and restore the victim’s health over time.
  • Lost wages and reduced earning potential: Income lost due to missed work during recovery and long-term limitations on earning capacity caused by lasting injuries or disabilities.

Non-Economic Damages

These address intangible losses, such as:

  • Pain and suffering: Physical discomfort and chronic pain endured as a result of the injury, impacting daily activities and overall quality of life.
  • Psychological trauma: Emotional distress, such as anxiety, depression, or post-traumatic stress disorder (PTSD), stemming from the incident and its aftermath.

An experienced attorney can help maximize these damages, ensuring all aspects of your suffering are accounted for in the claim. Knowing what questions to ask a personal injury lawyer during your consultation can help you receive fair compensation.

How to Sue for a Dog Bite in Colorado

After a dog bite, swift action and attention to detail can make or break your case. To protect your rights, follow these steps:

Step 1: Seek Medical Attention and Document Injuries

Immediate medical care is vital to address your injuries and create detailed records, which will serve as key evidence in your lawsuit later.

Step 2: File a Report

Notify local authorities or animal control about the incident. This establishes an official record, which can be invaluable during legal proceedings.

Step 3: Consult a Dog Bite Lawyer

Engage an attorney who specializes in dog bite cases in Colorado. They will help you gather evidence, counter defenses, and meet filing time limits.

Defenses in Dog Bite Cases

Dog owners may present various defenses to dispute liability, which can weaken your case if not effectively countered.

Common Defenses Include:

  • Allegations of provocation by the victim.
  • Claims of trespassing on private property.
  • Proof that the dog owner posted warning signs.

A skilled attorney from Boesen Law can address these defenses and advocate for your rights by building a strong, evidence-backed case.

What is the Statute of Limitations for Dog Bite Lawsuits in Colorado?

Under C.R.S. § 13-80-102, victims have two years from the incident’s date to pursue legal action. Failing to file within this timeframe forfeits your right to seek compensation, so it’s important to act promptly. Early consultation with an attorney ensures you can build your case on time to comply with these legal requirements.

Contact Boesen Law for Expert Guidance After a Dog Bite Attack

After a dog bite in Colorado, you don’t have to navigate the legal landscape alone. Boesen Law’s attorneys can help you through each aspect of your case and secure maximum compensation on your behalf. If you’re unsure of what steps to take, don’t hesitate to ask for help after a dog bite injury. We offer:

  • Decades of experience in handling dog bite cases.
  • Comprehensive legal strategies tailored to your individual circumstances.
  • No fees unless we win your case.

Schedule a free consultation today to discuss your case with one of our experienced lawyers and start building your dog bite claim.