Legal Rights of Dog Bite Victims in Colorado
Whenever a dog-biting incident occurs, some finger pointing is bound to happen. Blame is thrown back and forth, and things can get heated between the victim’s and the dog owner. The latter is what you want to do avoid if you’re contemplating civil action against the dog owner. Denver residents who are the victim of dog attack have certain legal rights, and an experienced Denver personal injury attorney can explain those rights to you.
Overview of Colorado’s Dog Bite Laws
Some states have a “one-bite rule” in which a dog owner is liable merely on the basis that he owns a dangerous or vicious dog, or he kept the dog after becoming aware that his dog was dangerous or vicious toward people. Colorado does not have a one-bite rule. If a person is seriously injured or dies from being attacked by a dog, and the person was not trespassing or provoking the animal, the dog owner can be sued whether or not the dog was vicious or dangerous, or whether or not the owner was aware of such. For the victim to have a case, his or her injuries must be of a serious nature requiring medical treatment or corrective/cosmetic surgery. If your Denver personal injury attorney can prove that a dog owner knew his dog was dangerous or vicious, he can ask the court to order the dog euthanized at the dog owner’s expense.
Classes of Dog Bite Victims
Under Colorado’s dog bite laws, dog bite victims falls into five classes:
- Victims who suffered serious bodily injury, who may be entitled to economic damages–not damages for pain and suffering–even if the dog has no prior history of biting people and the dog owner did nothing wrong;
- Those who suffered bodily injury and can prove another cause of action, who may be entitled to unlimited economic and limited non-economic damages;
- Dog bite victims whose injuries resulted in physical disfigurement or impairment and can prove another cause of action, who may be entitled to unlimited economic and non-economic damages;
- Victims who suffered bodily injury but cannot recover damages because they fit into the exception of the dog bite rule (i.e., they were trespassing, they entered property that has clearly marked signs that a potentially dangerous dog was on the premises, or they knowingly provoked the dog);
- Individuals who did not suffer serious bodily injury and cannot prove the requirements of the one-bite rule are generally not entitled to damages.
Compensation
Dog bite victims may receive monetary damages for the following:
- Pain and suffering
- Loss of wages from work or the victim’s business
- Psychological counseling to overcome the emotional trauma of the attack, dealing with disfigurement, fear of dogs or being outdoors
- Medical treatment and
- Future treatment involving scar reduction
- Medications
- Future disability
- Broken glasses and torn clothing
What a Denver Personal Injury Attorney Can Do For You
The attorneys at the O’Connell Law Firm, P.C. represent dog bite victims and help them hold negligent dog owners accountable. These Denver personal injury attorneys have the background and experience, as well as access to professional resources to ensure dog bite victims get nothing less than what they are entitled to for their pain and suffering. Contact the firm during business hours for your free initial consultation.
