While Colorado law does much to protect dog owners, the owners of vicious or aggressive dogs can be held strictly liable for injuries caused in a dog attack. Colorado law follows the “one bite” rule, meaning dogs with a history of attack or aggression are held to a tougher standard in the event of a subsequent incident.
The Colorado dog bite attorneys at Rosenthal & Heymann represent clients who have been seriously injured or killed in a dog attack. Tragically, children ages 5 to 9 are the most frequent victims. Incidents of fatal dog attacks are on the rise; from an average of 17 a year a decade ago, to the 30 fatal attacks recorded nationwide in 2009. And injury attacks are common: more than 4.5 million people will be bitten by a dog this year, or about 1 in every 50 U.S. residents, according to the Centers for Disease Control and Prevention.
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Colorado Law & Aggressive Dogs
- The “One Bite Rule” derives from English common law, which protected owners from civil liability for the first victim harmed by a dog. Today, the rule is a bit of a misnomer; a bite doesn’t need to occur, but instead refers to any injury caused by a dog.
- One Bite Rules operate on the premise that a dog owner should not be held accountable for the actions of a dog not known to be aggressive.
- Conversely, it allows owners of a dog with a history of aggression to be held to a higher standard.
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Unless a victim is suffers life-threatening or disfiguring injuries, Colorado law typically requires a cause of action in order to hold an owner accountable: These include negligent or intentional actions on the part of the dog owner, permitting a dog to run free in violation of a leash law, or dog attacks involving an animal with a previous history of aggression.
Colorado law divides victims into five classes for purposes of seeking a recovery:
- No Recovery: Victims who are attacked while unlawfully on public or private property, who provoke a dog, or who are working as a professional dog handler.
- Minor Injuries: Victims suffering minor injuries cannot recover damages under the dog bite law unless they can prove one of the causes of action (including a history of aggression).
- Serious Injuries: Those suffering serious injuries are entitled to seek a recovery, with or without a cause of action.
- Limited Damages: Those injured to any degree, who can prove a cause for action – including previous aggression – may seek damages up to $350,000.
- Unlimited Damages: Those seriously injured in cases where a cause of action is present – including a history of aggression – may seek unlimited damages.
Because of Colorado’s classification system, a dog bite victim may be able to seek separate damages through a personal injury lawsuit. An experienced Denver dog bite lawyer can assist you in determining the best course of legal action.
If you or a loved one has been injured in a dog attack in Colorado, contact Rosenthal & Heymann today for a free and confidential appointment to discuss your rights.
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