Centennial Dog Bite Lawyers

Statute of Limitations

A statute of limitations is a restriction barring claims after a certain period of time passes after the injury; the statute of limitation for personal injury claims in Colorado, including dog bites, is two years after the injury. Two years may seem like a long time, but you should not hesitate in reaching out to an injury attorney early on. Assessing your case early on will help ensure that key evidence is not forgotten, overlooked, or lost.

Dog Bite Compensation Laws in Colorado

An experienced attorney can help you fully understand the law governing compensation for dog bites. Meanwhile here is a simple explanation of the legal framework of two potential routes to recovery.

Firstly, there is a distinction between economic damages and non-economic damages. Economic damages are those that can be reduced to a tangible monetary value; for example, medical bills, pharmacy bills, loss of income (both present and future), and lost earning capacity are all examples of economic damages. Non-economic damages refer to those that cannot be reduced to a monetary value; among other things, this includes your pain and suffering, emotional distress, loss of a loved one (legally referred to as “loss of consortium”), and general reduction in quality of life.

Bearing this distinction in mind, be aware that there are two ways to recover compensation for a dog bite in Colorado: (1) a strict liability claim and (2) a negligence claim. Each method is outlined below.

Strict Liability

A dog bite victim can bring a “strict liability” claim against the dog owner when the bite caused serious bodily harm. Importantly, strict liability only applies to injuries caused by bites. “Serious bodily injury” is defined as any injury involving:

• a substantial risk of death
• a substantial risk of serious permanent disfigurement
• a substantial risk of protracted loss or impairment of the function of any part or organ of the body
• breaks, fractures, or burns of the second or third degree

The statute establishing this cause of action only allows victims to recover economic damages against the dog owner. The action may be brought “regardless of the viciousness or dangerous propensities of the dog” and regardless of the owner’s knowledge of their dog’s violent or dangerous tendencies; this kind of liability assigned to the owner regardless of their knowledge is generally referred to as “strict liability.” The key takeaway is that strict liability in dog bite cases can only result in economic damages and is only available in cases of serious bodily injury or death.

Further, this cause of action is subject to certain limitations. For example, it is not available to victims attacked while trespassing on public or private property. It is also not available to those who knowingly provoked the dog or were attacked on property clearly and conspicuously posted with “beware of dog” signs.

Negligence

By alleging negligence, it is possible to recover both economic and non-economic damages in dog bite cases where the injury is not considered a “serious bodily injury.” Proving negligence showing:

1. The dog owner owed the victim a legal “duty of reasonable care.”

2. The owner breached that duty.

3. The victim was injured.

4. The owner’s breach caused that injury. 

Whether the owner breached a duty of reasonable care often turns on whether they knew or should have known that the dog had a propensity for violence. The Supreme Court of Colorado has explained that a “vicious propensity” of a dog “is not confined to a disposition to attack every person but includes as well a natural fierceness or disposition to mischief as might occasionally lead him to attack human beings without provocation.” The Court further explained that the dog need not have bitten someone before in order to show a violent propensity.

Unlike cases of strict liability, the injury in a negligence claim does not have to be a “serious bodily injury” and may instead be a mere bodily injury. “Bodily injury” is defined as one resulting in muscle tears, bruising, or skin lacerations “requiring professional medical treatment or any physical injury that requires corrective or cosmetic surgery.” The injury in a negligence claim can be caused by behavior other than a bite; for example, a negligence claim could apply if the victim was severely scratched by the dog, but this would not be sufficient to prove strict liability. 

Read more here: Colorado Dog Bite Statute

Zinda Law Group Dog Bite Injury Lawyers

Dog attacks can be extremely traumatic experiences and often result in severe, life-altering injuries; the law governing compensation demands a fact-intensive inquiry. An experienced attorney knows well how the law in Colorado will apply to your case; he or she can help you navigate the law, gather your evidence, and argue your case effectively.

At Zinda Law Group, we are committed to ensuring that victims of these attacks are provided with excellent legal representation. We take pride in our work as advocates for victims of dog bites and attacks, and our team of experienced personal injury lawyers is here to help.

We understand that recovering from your injuries and dealing with the fallout from a serious incident can be a full-time job. As you focus on recovering from your injuries, our Centennial dog bite lawyers will focus on helping you recover maximum compensation.

If you or a loved one has been injured by a dog bite, call Zinda Law Group at (800) 863-5312 for a 100% free case evaluation with our experienced Centennial dog bite attorneys. You will pay nothing until we win your case. That is our No Win, No Fee Guarantee.

Meetings with attorneys are available by appointment only.