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If a dog bites and injures you, can you recover money or compensation? In Colorado, the answer is usually yes. A person seriously hurt from a dog bite can assert a claim against the dog's owner or others responsible for the dog.
Some states follow the “one-bite rule,” which holds a dog owner responsible or liable only if they know or should have known that the dog was dangerous. This means a dog gets one free bite before liability arises. If, however, a dog has bitten someone before, the owner should know the dog might bite again and can be liable for injuries.
Colorado does not follow the one-bite rule. Here, strict liability applies. If you were legally allowed to be somewhere (not trespassing) and get bitten and seriously injured, you can seek economic damages for your injuries and losses, regardless of whether the dog had bitten others before. Economic damages include medical bills and lost wages.
Serious bodily injuries are those that involve:
If your injuries do not meet the criteria of serious bodily injury, you may have to prove negligence on the part of the dog’s owner to obtain compensation. If the dog had a prior history of biting or other aggression, that may be sufficient to establish the owner was negligent.
If you prove that the dog’s owner was unreasonable, or negligent, in not controlling their dog, you may also be entitled to non-economic damages, which include pain and suffering, loss of enjoyment of life, and/or disfigurement.
Insurance to pay damages can often be found under the dog owner’s homeowner or renter policies. Be careful about waiting too long to contact an attorney because an injured person has only a certain amount of time before losing their rights. In Colorado, dog bite cases must be filed within two years of the bite, just like other personal injury actions.
If you or a friend were involved with a dog bite, please reach out to Chris Parks Law. We would love to speak with you and see if we can help!
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