Dog Bite Laws – An Overview
Dog bite laws vary from state to state, but the majority rule across the board is that dog owners are usually liable when a dog bites a person. Most dog bite victims may sue dog owners for compensatory damages for their pain and suffering, but there are certain individuals who may not be able to sue for damages. If you live or visit the Denver area and are bitten by a dog, you will need a Denver personal injury attorney to help you examine all of your legal options.
The “One-Bite” Rule
A few states in the US have a “one-bite rule” which holds a dog owner liable merely on the basis that he owns a dangerous or vicious dog or he kept the dog after learning the dog was dangerous or vicious toward people. Colorado is not one of those states.
Colorado Dog Bite Laws
In Colorado, a person who suffers serious bodily injury or death from being attacked by a dog may sue the dog owner, regardless of whether or not the dog was vicious or dangerous, or whether or not the owner was aware of such, provided the victim was not trespassing at the time of the injury and/or did not provoke the dog. The injuries must be serious, i.e., muscle tears, skin lacerations or bruises requiring medical treatment or corrective surgery. If your Denver personal injury attorney can prove that a dog owner had prior knowledge of his dog being dangerous or vicious, he can petition the court to order that the dog be euthanized at the dog owner’s expense.
Persons Not Covered Under the Law
A dog bite victim may not hold the dog owner liable if:
- The victim was trespassing on private or public property;
- The victim was injured on the dog owner’s property that was clearly marked with warning signs such as “Beware of Dog” or “No Trespassing”
- The victim is a peace officer or military personnel using the dog for official duties;
- The victim provoked the dog;
- The victim is a veterinarian, dog handler, dog show judge, dog groomer or humane agency staff person performing his or her duties; and
- The dog was on its owner’s property and under its owner’s control while acting as a hunting, ranch, farm, herding or predatory control dog.
Why You Need a Colorado Personal Injury Attorney
If you or a loved one suffered serious bodily injury due to a dog bite, you can rest assured that the attorneys at the O’Connell Law Firm, P.C., will help you hold negligent dog owners accountable and make sure they pay for your pain and suffering. You can get a free initial consultation by contacting their law office during business hours. Most dog owners’ have homeowner’s insurance policies that include coverage for liability for dog bites, but policy limits may prevent you from getting the fair compensation you deserve. The capable attorneys at the O’Connell Law Firm can make sure this doesn’t happen to you.
