Colorado Dog Bite Laws
In 2020, Denver residents successfully voted to overturn the city’s ban on pit bulls. Coincidence or not, in the following years, the city saw an increase in the number of pit bull bites, with reported incidents rising from 65 in 2020 to 116 in 2021. Data collected from January to July 2022 has also shown that the 95 pit bull bites reported within that timeframe represented nearly one-fourth of the reported total bites within the city.
The mauling of a 6-year-old boy by two huskies in Lakewood in 2023 has opened up discussions of reimplementing stricter rules in some municipalities. Both dogs involved in the incident have been euthanized, and the boy’s family has hired an attorney to recover damages.
The average settlement for dog bite cases with minor injuries ranges between $10,000 and $20,000, although cases involving significant injuries can settle for $50,000 or more. In 2022, the District Court of Denver awarded $225,000 to a dog bite victim who had been waiting for more than six years for her settlement.
Colorado has laws in place that indicate the responsibilities of dog owners and the rights of dog bite victims. This article will explore the aforementioned topics and provide relevant resources for those dealing with a dog bite case.
Dog Owner Responsibilities in Colorado
In Colorado, a dog owner refers to any person or entity that owns or has custody of a dog. They are legally liable for any damages resulting from a dog attack. There are laws in place that stipulate some of the basic responsibilities of a dog owner.
Securing a Pet License and Updating Vaccinations
The requirements for obtaining a pet license vary across different counties and cities. For example, in Denver, both dogs and cats must be licensed within 90 days after arriving in the city. Once they reach four months of age or older, they must also be vaccinated against rabies. The effective term, renewal requirements, and fees for licenses also vary.
Aside from rabies vaccines, dog parks and boarding facilities also commonly require the Bordetella vaccine every six months, as well as scheduled doses of the DHPP vaccine.
Enrolling the Dog in Behavioral Training Programs
Once a dog starts showing signs of aggression, it is up to the owner to remedy the problem by enrolling it in behavioral training programs. When choosing a trainer, those who can provide a training plan for the dog are preferable. Dog owners are advised to take the following criteria into consideration:
Whether the dog trainer is licensed by the Department of Agriculture’s PACFA division.
Whether the dog trainer carries liability insurance.
Whether the dog trainer had any animal cruelty convictions.
Leashing the Dog and Putting Up Warning Signs
Dog owners are responsible for keeping their dogs away from strangers, and this can be best done by leashing the dog. In cities like Denver, Colorado Springs, and Boulder, letting a dog loose without a leash in public spaces is against the law. Putting up signs like “Beware of Dog” can also help visitors and delivery workers stay more vigilant when entering private property.
Breed-Specific Legislation in Colorado
Colorado does not have any statewide breed-specific legislation. However, local governments have the authority to enact their own bans. The following breeds are restricted in several Colorado communities:
American Bulldogs.
American Staffordshire Terriers.
Cane Corsos (Cane di Macellaio, Sicilian Branchiero).
Fila Brasileiros.
Staffordshire Bull Terriers.
Tosa Inus (Tosa Fighting Dog, Japanese Mastiff).
Additionally, despite the ban on pit bulls being repealed in Denver, owners are still required to secure a Breed-Restricted Permit from Denver Animal Protection. The permit must be renewed every three years and costs $30 per animal, in addition to the $25 assessment fee.
Liability Standards in Colorado Dog Bite Cases
Colorado’s dog bite law is governed by C.R.S 13-21-124. According to the statute, dog owners are strictly liable under the following circumstances:
The dog bite inflicts serious bodily injury or leads to the death of the victim.
The dog has bitten an individual who was lawfully on public or private property when the bite took place.
The law has also defined serious bodily injuries as those that involve broken bones or fractures or have a significant risk of severe permanent disfigurement, impairment of any bodily function, or death. In cases where the victim’s injuries do not meet the criteria for serious bodily injury, they also have the option to pursue a negligence claim.
When filing a negligence claim for a dog bite incident, the plaintiff must prove the following:
The defendant owed them a duty of care. Under the dog bite laws in Colorado and various jurisdictions across the state, a dog owner owes the community the duty of taking the necessary measures to prevent their dog from harming anyone.
The defendant breached that duty of care. An example of this would be failing to properly leash a dog or not restraining a dog while accommodating visitors.
The breach of duty caused the plaintiff’s injury. The attack must be a result of the defendant’s negligence, not because the plaintiff provoked the dog.
The plaintiff’s injuries can be quantified in monetary damages. The plaintiff can present this in the form of hospitalization bills and medication costs.
Legal Defenses to Dog Bite Claims
There are also several circumstances in which a victim can be barred from compensation for a dog bite. For example, if the victim is someone who works with dogs, such as veterinarians and licensed trainers, then there may be local laws that prevent them from pursuing legal action. Other possible legal defenses are listed as follows:
The victim had been trespassing on public or private property.
The victim incited the dog to attack.
The dog was on duty and carrying out police or military personnel duties at the time of the attack.
The dog is employed as a hunting dog, predator control dog, herding dog, or ranch dog on its owner’s property.
Statute of Limitations in Colorado for Dog Bite Cases
Dog bite victims in Colorado have two years to pursue a lawsuit against the liable party. The countdown for this deadline starts on the date of the attack, and failure to file a claim within the deadline can prevent a victim from recovering damages. However, if the victim is a minor, the statute of limitations only starts running once they turn 18 years old. This means that they have until their 20th birthday to initiate legal action.
Penalties for Dog Bites in Colorado
Dog owners who are found liable must pay compensation to the victim. This includes economic damages such as medical expenses, the cost of psychological therapy, lost wages, and loss of future earning capacity resulting from any disability caused by the dog bite. They may also be required to pay non-economic damages for pain and suffering, although there is a cap on recovery that changes annually for this type of damage. The cap is only removed if the victim has sustained a permanent disfigurement.
If the dog is deemed to be dangerous, the government may also file criminal charges. The dog’s owner can be charged with misdemeanor if the dog has caused a serious injury, or felony if the dog has killed the victim. The court can also order the dog to be euthanized, and the owner could face additional fines and serve jail time.
Reporting and Handling Dog Bite Incidents
The first thing a dog bite victim must do is seek immediate medical attention, especially if there is no apparent dog owner at the scene. There is a chance that the dog may be a stray, and in this case, the victim may urgently need a rabies shot.
It is also advisable to collect the contact information of the dog owner and any witnesses at the scene, as this can simplify the investigation process. Taking photos of the injury and the location of the incident can also preserve evidence.
Once the victim has collected all the information they can from the scene and received medical attention, the next step is to file a police report. Those who wish to pursue legal action against the dog owners are also advised to get in touch with a dog bite attorney.
How To Find a Dog Bite Attorney in Colorado
Dog bite laws in Colorado can vary across different jurisdictions, and a dog bite attorney can educate victims about their rights as specified by local regulations. The attorney can negotiate with the dog owner’s insurance company on the victim’s behalf and represent the victim in court hearings if an agreement cannot be reached on the compensation amount.
Other Resources for Dog Bite Victims in Colorado
Denver Bar Association
The Denver Bar Association has a legal resource directory that connects dog bite victims with lawyers who can handle their case. It also hosts legal clinics on various topics and offers a wealth of public legal information resources. Those in need can visit their office at 1290 Broadway, Suite 1700, Denver, CO 80203, or call 303-860-1115.
Humane Society Pikes Peak Region
Humane Society Pikes Peak Region is a nonprofit animal welfare group established in 1949. One of its programs is the Wellness Waggin’ Mobile Veterinary Clinic, which bridges geographic barriers and helps pet owners obtain veterinary care for their pets. Its services include wellness exams, vaccination bundles, pet license provision, and microchipping. HSPPR is also behind Animal Law Enforcement, which promotes responsible pet ownership through education. The division also addresses reports of dangerous animals and bites.
Those who wish to avail themselves of HSPPR’s service can refer to the following contact details:
Colorado Springs office: 719-473-1741, info@hsppr.org
Pueblo office: 719-544-3005, pueblo@hsppr.org
Animal Law Enforcement:
Colorado Springs and Pueblo: 719-302-8798
City of Centennial: 303-325-8070
Douglas County: 303-660-7529
Roice-Hurst Humane Society
Roice-Hurst Humane Society is a nonprofit center in Grand Junction that provides a variety of services to animals and pet owners alike. It hosts a monthly low-cost pet vaccination clinic and offers pet behavior counseling. Other programs include pet rehoming, spay and neuter services, and a pet pantry available to owners facing temporary financial crises.
Interested individuals can reach out to Roice-Hurst Humane Society through its two facilities:
Grand Junction Facility: 940-434-7337, info@rhumanesociety.org
Delta Satellite Facility: 970-874-1078, delta@rhumanesociety.org
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