Getting bitten by a dog is a scary experience. It happens fast, it hurts, and it can leave you feeling very confused about what to do next. One of the most common ways people get hurt is when a dog isn’t wearing a leash. Maybe you were just walking through your neighborhood or playing at a park when an unleashed dog suddenly ran up and bit you. Even worse, your child was bitten. Holding these irresponsible owners accountable is what we do.
What Is the Law in Colorado for Dog Bites?
Colorado has a specific set of rules when it comes to dog bites. The main law you need to know is Colorado Statute § 13-21-124.
This law uses something called “strict liability.” This means that if a dog bites someone and causes a serious injury, the owner is responsible, no matter if the dog was “nice” before or if the owner tried to stop it. You don’t necessarily have to prove the owner was being “bad” or “mean” if their dog bit you and caused an injury while you were legally on the property, they are responsible.
What Is the Law in Colorado When a Dog Is Off a Leash?
In most parts of Colorado, there are “leash laws.” These are local rules made by cities and counties that require dogs to be on a leash whenever they are not on their own private property.
- Leash Requirements: Dogs must be physically attached to a human by a cord or chain.
- Voice Control: Some places allow “voice control,” but this is very hard to prove and doesn’t count if a bite happens.
- Penalties: If an owner lets their dog off a leash, they can get a ticket or a fine. If that unleashed dog bites someone, the penalties become much more serious, and the owner could even face criminal charges.
If a Dog Bites You While Off a Leash, Does That Mean the Owner Is Responsible?
Yes. In almost every case, if a dog is off its leash in a public area and bites you, the owner is responsible. Because the owner broke the local leash law, they are considered “negligent.” This means they failed to act carefully. When an owner is negligent, they are responsible for the harm their pet causes.
Can the Owner Claim It Was an Accident and Not Have to Pay?
No. We’ve heard every excuse and excuses never work. Owners often try to say things like, “He’s never done this before!” or “It was just an accident!” We’ve even seen a case where a husband had shoulder surgery and asked his wife to walk their large dog. She was not strong enough to control the dog and it pulled away to attack other dogs. There is an excuse, but it didn’t work.
Because Colorado follows the strict liability rule for serious injuries, it doesn’t matter if it was an accident. The owner is still responsible. If the owner was breaking a leash law, it makes it even harder for them to argue that they shouldn’t have to pay.
How Do I Recover Money After an Unleashed Dog Bite?
To get money for your injuries, you usually have to go through the dog owner’s homeowners insurance or renters insurance.
Most dog owners don’t pay for these claims out of their own pocket; their insurance company handles it. To recover this money, you (or your lawyer) will need to file a claim, show proof of your damages, and prove that the dog bite caused your injuries. In serious cases, we can request a financial affidavit if the insurance is not enough to compensate our clients.
What Damages Can I Go After in Colorado?
“Damages” is just a legal word for the money you get to cover your losses. You can ask for:
- Medical Bills: For the ER, stitches, and shots.
- Future Medical Care: If you need plastic surgery later to fix a scar.
- Lost Wages: If you had to miss work because of the injury.
- Pain and Suffering: For the physical pain and the emotional fear you feel after the attack.
- Scarring and Disfigurement: Compensation for marks that might never go away.
What Is the Most Valuable Part of a Dog Bite Claim?
While medical bills are important, the most valuable part of a claim is pain and suffering, scarring and permanent impairment. Dog bites often leave jagged scars that can stay with a person forever. In Colorado, if a bite leaves a permanent scar or causes a permanent injury to a muscle or nerve, the value of the case goes up significantly because that person has to live with that damage for the rest of their life.
What if the Owner Is a Neighbor, Friend, or Family Member?
This is the hardest part for many people.
The important thing to remember is that you are not suing; you are making a claim against their insurance company. The dog owner pays for insurance every month specifically for accidents like this. Your medical bills shouldn’t ruin your relationship with the owner, and they shouldn’t ruin your bank account either. It has been our experience that many dog owners realize their mistake and actually want you to make a claim on their insurance.
How Much Are Dog Bite Claims Worth in Colorado?
There is no “magic number” because every bite is different. However, claims are usually valued based on:
- The cost of your medical bills.
- The severity and location of the scar (scars on the face are usually worth more).
- The amount of insurance money available.
Serious attacks with permanent damage can be worth hundreds of thousands of dollars. Some of the most high paying claims in our office involve dog bites. These claims need to be taken seriously because they are worth a lot of money.
5 Steps to Take After a Dog Bite
If you are bitten, follow these steps immediately:
- Call Animal Control and the Police: You need an official report to prove the incident happened.
- Get the Owner’s Information: Ask for their name, phone number, and address.
- Get Witness Information: If anyone saw the bite, get their contact info.
- Take Pictures: Take photos of your injuries, the dog, and the area where it happened (to show the dog was off-leash).
- Contact a Dog Bite Lawyer: A professional like Sean McQuaid can help you deal with the insurance company to protect your rights.
Frequently Asked Questions (FAQs)
What if the Dog Was on a Retractable Leash?
Even if the leash was long, if the owner didn’t have control, they are still liable.
Does Colorado Have a “One-Bite Rule”?
No. Even if the dog never bit anyone before, the owner can be held liable for serious injuries.
How Long Do I Have to Sue?
You have two years, but you should talk to a personal injury lawyer immediately to be safe.
What if I Was on the Owner’s Property?
If you were invited (like a guest or a delivery person), you are still protected.
Can I Get Money if I Was Partially at Fault?
Yes, but your payout might be lower if you provoked the dog.
Does the Dog Get Put Down?
Not usually for a first-time bite, but Animal Control will decide based on the danger level.
What if the Owner Doesn’t Have Insurance?
You may be able to sue them personally, but it is much harder to collect the money.
What Is a “Serious Bodily Injury”?
It means an injury that involves a high risk of death, permanent disfigurement, or loss of a body part.
Do I Have to Go to Court?
Most dog bite cases are settled with the insurance company without ever going to a courtroom.
Why Do I Need a Lawyer?
Insurance companies often try to pay as little as possible. A lawyer makes sure you get what you deserve.
Contact Denver Personal Injury Lawyers® Today
If you or a loved one has been injured by an unleashed dog, don’t try to handle it alone. Sean McQuaid and the team at Denver Personal Injury Lawyers® are here to fight for you. We know the Colorado dog bite laws inside and out, and we want to help you get the medical care and compensation you need.
Call us today or visit denverlaw.com to schedule your free consultation. Let the best dog bite lawyer in Colorado take the weight off your shoulders.