Is Colorado a strict liability state for dog bites?
Only for the worst bites. C.R.S. 13-21-124 lets a person who suffers serious bodily injury or death from a bite, while lawfully on public or private property, sue the dog owner for economic damages. The owner's knowledge of the dog's viciousness does not matter.
Serious bodily injury has a set meaning. C.R.S. 18-1-901(3)(p) includes injury with a substantial risk of death, of serious permanent disfigurement or of protracted loss or impairment of a body part. Breaks and fractures count as well. Keep every surgical and imaging record, since they show which side of that line you are on.
The statute defines owner broadly. Anyone possessing, harboring, keeping or controlling the dog qualifies, as does anyone with a financial interest in it.
Where the Colorado statute does not reach
Subsection 5 lists cases where the owner is not liable under it. They include a bite while you were unlawfully on the property or on the owner's land when it is clearly posted with a "no trespassing" or "beware of dog" sign. Other exceptions are a dog used by a peace officer or military personnel on duty and a person who knowingly provoked the dog.
Workers around dogs are excluded too: veterinary staff, groomers, humane agency staff, handlers, trainers and show judges on the job. So is a hunting, herding, farm or predator control dog working on its owner's property.
Subsection 6 keeps negligence and other claims open. That is the route for a bite below the serious injury line and for pain and suffering.
Colorado dog bite statute of limitations
C.R.S. 13-80-102 gives two years for tort actions and for strict liability actions, regardless of the theory used. That one clock covers both kinds of dog bite claim.
A child's clock depends on whether a court has appointed a legal representative. C.R.S. 13-81-101 limits that term to a guardian, conservator or similar fiduciary named by a court. If one is appointed, the normal time runs. If none is, C.R.S. 13-81-103 allows the normal period or two years after the child turns 18, whichever ends later.
If a public entity is involved, C.R.S. 24-10-109 requires written notice within one hundred eighty-two days after you discover the injury.
How shared fault works in Colorado
For negligence claims, C.R.S. 13-21-111 lets you recover if your negligence was not as great as the owner's. Your award is then reduced by your share.
An even split ends the claim. Expect questions about whether you reached over a fence or ignored a sign, since a sign can matter twice in Colorado.
When to call a Colorado dog bite lawyer
Call once a doctor talks about surgery, stitches to the face or a lasting injury. Whether the bite crosses the serious injury line changes which claims you have.
There is one more remedy. If you prove the owner knew of the dog's dangerous propensities, the court may order the dog euthanized at the owner's expense on your motion. Learn how strict liability claims compare.
How to report a dog bite in Colorado
Report the bite to your local animal control or health department. The Colorado Department of Public Health and Environment, Rabies page sets out the next steps.
Before you sign with anyone, check that the attorney is licensed: use the Colorado Bar Association find a lawyer.
