Dog Bite Victims in Colorado Need an Attorney for “Dog Court”?
Having your dog bite case heard in “dog court” may do you more hard than good. Dog victims’ rights are not fully protected in dog courts, because the governing ordinances lack certain essential provisions and the hearing officers are inexperienced in conducting a fair hearing. Because of this, dog victims should not testify in a dog court unless accompanied by an attorney. Furthermore, the victims should refrain from speaking to animal control authorities until speaking with their attorney, nor should the victim release any of their medical records for use in a dog court until consulting with his or her attorney. A Colorado personal injury attorney who specializes in dog bite cases can fully explain the ramifications of having your dog bite case heard in a dog court.
Why An Attorney is Necessary
An experienced Colorado personal injury attorney can make sure your rights as a dog bite victim are protected under the law. Your attorney will review the county and city ordinances pertaining to dog bites in the area where your dog bite occurred, determine which laws the animal control department will enforce and evaluate whether the laws are fair to the dog bit victim. The attorney can see to it that the following conditions are met:
- The defense attorney in dog court must make an “offer of proof” before cross-examining witnesses or introducing items of evidence
- The judge must be required to determine whether the evidence or questioning is closely related to the issues raised by the dog bite law, using a balancing test that weighs the evidence against the dog bite victim’s right of privacy. If the question fails to pass the test, the questioning should not disallowed.
- The victim must be allowed to have an attorney present at the hearing and the attorney must be allowed to actively participate.
- The victim’s attorney must be allowed to call and question witnesses, introduce evidence, cross-examine defense witnesses, voice objections and make opening and closing statements.
- The victim’s attorney must receive copies of all correspondence, documents and notices pertaining to the case, as well as a copy of the animal control department’s final decision.
- The dog bite victim’s should be permitted to submit a declaration under penalty of perjury that includes photographs of his or her injuries.
- The dog bite victim’s privacy must be protected.
If none of these conditions are met, your Colorado personal injury attorney will advise you not to go testify in dog court. In the end the decision is yours, but going the dog court route may cost you the full compensation you’re entitled to under the law.
Need a Good Colorado Personal Injury Attorney?
Let the experienced attorneys at the O’Connell Law Firm, P.C., be your representative in dog court should you decide to that route. You can get a free initial consultation by contacting their law office during business hours.
