It is a beautiful afternoon, and you are out walking your dog. Suddenly, another dog rushes out of nowhere. Maybe it pulled away from its owner or maybe it was just unleashed. It charges at your pet, growling and snapping its teeth. Without thinking, you jump in to pull the attacking dog away. In the middle of the chaos, the attacking dog bites you.
If this has happened to you, you are probably wondering about your legal rights. Can you hold the other dog owner responsible? What if you stepped into the fight? As a Colorado personal injury lawyer who handles dog bite cases every single day, I am here to give you clear, honest answers.
What is the Law in Colorado on Dog Bites?
Colorado has a very specific set of rules when it comes to dog attacks. The state uses a mix of two different legal ideas: strict liability and negligence.
Strict Liability for Serious Injuries
Under Colorado law, specifically Colorado Revised Statutes § 13-21-124, dog owners are held “strictly liable” if their dog bites someone and causes a serious bodily injury.
- What Strict Liability Means: It means you do not have to prove the owner was being careless or reckless. If the dog bit you and you were legally allowed to be where you were, the owner is automatically responsible for your medical bills.
- What Counts as a Serious Bodily Injury: The law defines this as an injury that creates a major risk of death, causes permanent scars or disfigurement, breaks bones, or stops a part of your body from working for a long time (like severe nerve damage).
Does it Matter if the Dog Had Bitten Anyone Before?
No, it does not matter! You might have heard about something called the “one-bite rule.” In some other states, a dog owner is only responsible if their dog has bitten someone in the past. People say that under that old rule, a dog gets “one free bite.”
Colorado does not have a one-bite rule. * A dog owner can be held responsible even if their dog was always “good” before today.
- It does not matter if the dog has never growled, barked, or snapped at anyone in its entire life.
- The focus is entirely on the fact that the dog bit you and caused you harm.
Damages: What Can You Recover if You Make a Claim for Injuries?
When you file a personal injury claim, the money you ask for is called “damages.” If you are bitten by a dog while protecting your own pet, you have a right to seek payment for all the harm you have suffered.
Here is a breakdown of what you can recover:
- Medical Bills: This includes your emergency room visit, ambulance rides, stitches, antibiotics, follow-up doctor appointments, and physical therapy.
- Future Medical Costs: If you need plastic surgery later to fix a scar, or if you need long-term nerve treatment, those future costs should be covered too.
- Lost Wages: If your hand or arm is injured, you might not be able to work. You can recover the money you lost from missing days at your job.
- Pain and Suffering: Dog bites hurt terribly. This pays you back for the physical pain you had to endure during and after the attack.
- Mental Distress and Anxiety: Getting attacked by an animal is terrifying. Many victims suffer from severe anxiety whenever they see a dog after the incident.
- PTSD (Post-Traumatic Stress Disorder): You might experience flashbacks, nightmares, or trouble sleeping. Mental health counseling to help you heal from this trauma is highly compensable.
How Do We Collect Money For Your Damages?
Many people hesitate to call a lawyer because they are worried about hurting a neighbor or forcing someone to pay thousands of dollars out of pocket.
Here is the truth: We almost never go after the dog owner’s personal bank account.
Instead, we go after insurance policies. Most dog bite claims are paid out by:
- Homeowner’s Insurance: If the dog owner owns a home, their homeowner’s insurance policy usually covers dog bite injuries, even if the attack happened away from their house (like at a public park).
- Renter’s Insurance: If the dog owner rents their home or apartment, their renter’s insurance policy often covers animal liability.
- Business Liability Insurance: If the attack happened inside or right outside a business place (like a pet-friendly brewery or a commercial dog park) the business’s commercial insurance policy might apply.
Our job as your legal team is to find these insurance policies and fight the big insurance companies to make sure they pay you every single dollar you deserve.
Possible Defense: The Dog Would Not Have Bitten You if You Did Not Intervene
When you file a claim, the insurance company will look for any excuse to avoid paying you. Their favorite excuse in this situation is simple: “It is your own fault because you put your hands in the middle of a dog fight.”
Let’s answer the big questions about this common defense:
Is This a Valid Defense to a Dog Bite Claim in Colorado?
The insurance company will try to claim that you “provoked” the dog or “assumed the risk” of getting hurt. However, simply breaking up a dog fight to save your own pet is not considered legal provocation. Provocation means intentionally teasing, hitting, or abusing an animal until it attacks.
Is Defending Your Dog Considered Instigating the Attack?
Absolutely not. You did not start the fight; the other dog did. Trying to pull an aggressive animal off your pet is a normal, natural human reaction. You are not putting yourself in harm’s way out of recklessness; you are acting in an emergency created entirely by the other owner’s failure to control their animal.
Do You Have a Right to Defend Your Dog if Another Dog Is Attacking It?
Yes, you have every right to protect your property and your pet. Colorado law recognizes that you can use reasonable actions to shield your animal from harm. The owner of the attacking dog cannot blame you for the injuries their unrestrained animal caused.
If Your Dog Was Injured or Killed in the Attack, Can You Make a Claim for It?
This is one of the hardest truths that pet lovers have to face under current laws.
Important Note: In the eyes of Colorado law, pets are viewed as personal property. It might not be fair, but that’s the law..
Because of this legal definition, you cannot make a claim for your dog’s “pain and suffering,” and you cannot get paid for the emotional heartbreak of losing a pet.
However, you can make a legal claim for the economic costs of the attack on your pet:
- Veterinary Expenses: You can demand full reimbursement for the emergency vet bills, surgeries, medications, and treatments required to heal your dog.
- The Value of the Dog: In the incredibly sad event that your dog passes away from the attack, the owner is responsible for the fair financial value of the dog.
While money can never replace a furry family member, we make sure that the reckless owner pays for every single dime of the veterinary care required.
Steps After Being Bitten by a Dog in Colorado:
If you or your pet are attacked, knowing the exact steps to take immediately after a dog bite in Colorado is crucial for protecting both your health and your legal rights.
- Seek Medical Attention Immediately: Your health is the absolute top priority. Even if the bite seems minor, dog mouths carry dangerous bacteria that can cause severe infections, nerve damage, or rabies. Go to an urgent care or emergency room right away so a professional can clean and document the wound.
- Contact Police and Animal Control: Report the attack to local law enforcement and animal control as soon as possible. They will create an official public safety report, verify if the dog is up-to-date on its rabies vaccinations, and determine if the animal has a history of aggression.
- Document Everything with Pictures: Use your phone to take clear, detailed photos of your injuries, any injuries to your own pet, the attacking dog, the owner, and the exact location where the incident occurred.
- Gather Contact Information: Politely ask the dog owner for their name, phone number, address, and homeowner’s or renter’s insurance details. You should also collect the names and phone numbers of any witnesses who saw the attack happen.
- Contact a Specialized Dog Bite Lawyer: Before you speak to any insurance adjusters or accept a quick settlement offer, consult with an experienced personal injury attorney. A lawyer will protect you from lowball offers and fight to ensure your medical bills, lost wages, and emotional trauma are fully covered.
10 FAQs on Dog Bite Cases in Colorado
1. Do You Still Have a Case if the Dog Bite Was a Puncture to the Hand That Did Not Require Stitches?
It depends on the details. A small puncture wound that heals quickly without an infection might not be large enough to hire a lawyer for, and you can often handle it on your own with the insurance company. However, hands have a lot of delicate nerves and tendons. If that puncture caused nerve damage, left a dark scar, or became deeply infected, it could absolutely be worth pursuing a serious claim.
2. What if the Dog Owner Offers to Pay My Medical Bills Directly? Should I Take It?
Be very careful. Usually, an owner offers this because they are terrified of their insurance rates going up or getting dropped by their insurance provider. If you accept a quick cash payment directly from them, they will likely force you to sign a paper saying you won’t ask for anything else. If your injury gets infected next week or needs surgery next month, you will be stuck paying for it entirely out of your own pocket. Always speak to a lawyer first.
3. How Long Do I Have to File a Dog Bite Lawsuit in Colorado?
In Colorado, the statute of limitations (the legal deadline) for most dog bite personal injury cases is two years from the date of the attack. If you miss this deadline, you lose your right to seek compensation forever. It is always best to start early so your lawyer can gather fresh evidence.
4. What Should I Do Immediately After a Dog Bite?
First, take care of your health and your dog’s health. Wash the wound out with soap and water and go to an urgent care or emergency room. Second, take photos of your injuries, your dog’s injuries, and the location where it happened. Third, exchange contact information with the dog owner and any witnesses. Finally, report the incident to local animal control.
5. What if the Dog Owner Is a Friend or a Neighbor?
This is incredibly common. Neighbors’ dogs break through fences, or friends’ dogs get excited. Remember, you are not suing your friend to take their house away; you are simply filing a claim against their insurance policy. That is exactly why people buy insurance. A good attorney can handle the entire case politely and professionally with the insurance company so your personal relationship stays intact.
6. Can I Still File a Claim if There Were No Warning Signs Around the Owner’s Yard?
Yes. In fact, if the owner did have a clear sign up that said “Beware of Dog” or “No Trespassing,” and you were inside their yard without permission, it could actually hurt your case. If you were walking down a public sidewalk and an unrestrained dog ran out of an unmarked yard to bite you, your case is very strong.
7. What if the Dog Owner Claims I Scared the Dog?
Scaring a dog by existing, walking past it, or reaching down to save your pet does not count as legal provocation. Unless you were actively hurting, abusing, or taunting the dog on purpose, the owner remains liable for their animal’s actions.
8. Will the Dog Be Put Down if I Make a Legal Claim?
Not necessarily. Personal injury lawyers handle financial compensation for your medical bills and trauma. Decisions about what happens to the dog are made by local animal control officers and the courts based on county safety codes. Filing an insurance claim does not automatically mean a dog will be put to sleep.
9. Who Is Responsible if a Dog Bites Someone While Being Walked by a Professional Dog Walker?
The legal definition of an “owner” under Colorado’s dog bite statute can include anyone who is harboring, keeping, or keeping custody of the dog at the time. Depending on the details, both the actual dog owner and the professional dog walking company might share legal liability for the attack.
10. How Much Does It Cost to Hire a Dog Bite Lawyer?
It costs nothing upfront! Personal injury attorneys work on a contingency fee basis. This means we do not charge you any hourly fees or retainers. We only get paid if we win your case and collect money for you. If we do not win, you do not owe us a single cent.
Why You Should Hire Attorney Sean McQuaid for Your Injury Case
When you are recovering from an animal attack, the last thing you want to do is argue with aggressive insurance adjusters who are trying to twist your words. You need an expert who knows the exact ins and outs of Colorado’s laws to handle the heavy lifting for you.
That is why you need to contact Attorney Sean McQuaid at Denver Personal Injury Lawyers®.
A Compassionate Advocate with a Proven Record
Attorney Sean McQuaid is widely known across Colorado as both a compassionate guide for his clients and an aggressive warrior against insurance companies. He understands that a dog attack leaves deep emotional scars alongside physical ones. He treats every client like family, listening to their fears and making sure they feel safe and supported throughout the entire legal process.
We Maximize Your Recovery
Insurance companies love to offer lowball settlements to injured people who do not have a lawyer. They hope you will take a tiny check just to get it over with. Sean McQuaid knows every trick in the insurance playbook. He will gather your medical records, interview witnesses, pull animal control histories, and build an airtight case that forces the insurance company to pay the maximum value for your pain, suffering, and bills.
Free Consultations = No Risk to You
You should never have to guess about your legal rights. If you or a loved one were bitten by a dog while protecting your own pet anywhere in Colorado, reach out to us immediately. Mr. McQuaid offers completely free, no-obligation consultations to review what happened and tell you exactly how he can help.
Let us handle the legal battle while you focus on healing your wounds and comforting your pet.
Contact Denver Personal Injury Lawyers ®
We specialize in dog bite claims across Colorado and have an amazing record of success.
- Our Website: Denver Personal Injury Lawyers ®
- Our Mission: To get you the justice, respect, and financial compensation you deserve.
When you are recovering from a dog attack, you need justice. Hiring an experienced professional like Attorney Sean McQuaid ensures you have a powerhouse advocate in your corner. Sean McQuaid doesn’t just manage cases; he actively fights to secure your future. He understands that a dog bite leaves both physical and emotional scars, and he treats every client with the personal respect and attention they deserve.
While insurance adjusters will try to minimize your trauma and offer lowball settlements, Mr. McQuaid knows their tactics inside and out. He will aggressively pursue every dollar you are owed for medical bills, future scar treatments, lost wages, and emotional distress. Don’t leave your recovery to chance or settle for less than you deserve. Contact Attorney Sean McQuaid today for a completely free, no-risk consultation, and let a proven expert take over the legal battle so you can focus entirely on healing.