In cases where a victim is bitten by a dog off its leash, or by a dog allowed to roam free, a dog owner can and should be held responsible for the injuries caused in a dog attack.
The Colorado dog bite lawyers at Rosenthal & Heymann assist clients who are dealing with a dog attack in Denver and the surrounding areas, including Englewood, Lakewood, Boulder and Aurora.
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Colorado Dog Bite Law Causes for Action
- Negligent or intentional conduct on the part of the dog owner.
- Violation of dog laws or allowing a dog to run at large.
- Owner had knowledge that the dog had a history of biting or threatening people.
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Unfortunately, Colorado’s dog bite law can be as tough on the victim as it is on the dog owner. Dog owners found to be in violation, including those who allow a dog to run free in violation of a leash law, face sanctions. However, determining where a victim fits into the law is also required in order to identify the potential for recovery:
- No damages can be recovered by someone unlawfully on public or private property; by someone provoking a dog; or by a professional dog handler.
- No damages can be recovered by a victim who did not receive serious bodily injury unless they can prove a cause for action under the law. Violation of lease law is a cause for action.
- Those suffering serious bodily injury can recover economic damages regardless of the presence of a cause for action.
- Bodily injury and cause for action, including violation of a leash law, permits damages up to $350,000.
- Serious bodily injury and cause for action, including violation of leash law, permits unlimited recovery or economic and non-economic damages.
In other words, a victim who is bitten by a dog allowed to run free in violation of a leash law typically has one of the stronger cases under Colorado law. Unless you are found to be provoking a dog, are a professional dog handler, or have a suffered very serious injury, an attack by a dog allowed to run free is one of the few instances under the law that allow a victim to seek a substantial recovery for injuries.
Many cities and counties have their own leash laws, sometimes subjecting dogs and owners to multiple leash laws. In Jefferson County, failure to leash a dog is punishable by a $1,000 fine, with increasing fines possible for subsequent fines in any three-year period. In Denver, dogs are required to be on a leash and under the control of their owners at all times when not on an owner’s property or at a designated dog park.
An experienced Colorado dog bite attorney will need to investigate your case to determine what laws the dog was under at the time of the attack. Determining the dog’s history, and whether it had a previous biting incident, will also assist in building your case and obtaining the financial recovery you deserve.
If you or a loved one has been injured in a dog attack in the Denver area, contact Rosenthal & Heymann today for a free and confidential appointment to discuss your rights.
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