Colorado Dog Bite Laws

Most interactions between people and dogs are fine, even joyful. No relationship is perfect, though, and the danger of a dog attack is always present. In the United States, over 4.5 million victims a year suffer a dog attack. Over 800,000 of them suffer a personal injury requiring significant medical treatment.

Colorado’s dog bite laws are designed to lessen the risk of someone experiencing a dog attack while punishing those who don’t control dangerous dogs at the same time. If you’re attacked, you can make a claim against the dog owner to recover medical expenses.

Understanding how Colorado’s dog bite laws work lets you understand what to do in case the unthinkable happens. Read on to learn more useful, in-depth information.

Strict Liability, Negligence, and Dog Bites

Colorado uses both strict liability and negligence to determine liability and damages for dog bites. While some states use the “one bite rule” to offer a dog owner some liability protection if their dog hasn’t bitten anyone before, Colorado does not. It doesn’t matter if the owner of the dog wasn’t aware of the dog’s viciousness.

Whether strict liability or negligence is applied often depends on the severity of the physical injury. Understanding what each one means makes it easier to know which to expect.

Strict Liability

A strict liability standard means that the dog owner is liable for dog bite injuries regardless of whether the owner knew the dog would bite or not. Colorado saves the use of strict liability for bites that cause serious injuries.

A serious injury is one that results in, or where there is a substantial risk of infirmaries that include:

• Death
• Serious permanent disfigurement
• Protracted loss or impairment of function

Breaks, fractures, and second and third-degree burns are also considered serious injuries.

Negligence

If the injury does not meet the standard for a serious injury, you may still be able to recover under a negligence standard. You’ll have to prove that the dog owner failed to take reasonable care and the necessary precautions to protect others. Non-serious injuries include:

• Severe bruising
• Muscle tears
• Skin lacerations

Anything requiring the care of a physician and incurs medical expenses will likely fall under one of these two categories. If you’re unsure about your situation, consider getting legal advice from a dog bite attorney.

Colorado and Dangerous Dogs

The state of Colorado believes that dangerous dogs, which are animals that have attacked without provocation, are a serious and widespread threat to the safety of its citizens. Colorado has drafted strict rules designed to punish dog owners who ignore their dog’s dangerous propensities. In addition to the civil suits brought by dog attack victims, criminal charges are possible as well.

A person who owns or has some controlling interest in a dangerous dog is responsible for the dog’s transgressions and will face the following charges:

• If the dog inflicts a bodily injury - Class 2 misdemeanor
• If the dog inflicts a serious bodily injury - Class 1 misdemeanor
• If the dog inflicts a second (or more) serious bodily injury - Class 6 felony
• If the dog causes a death - Class 5 felony

Once a dog is declared dangerous, the owner is expected to keep the dog in an escape-proof enclosure on the owner’s property and to be muzzled if not inside.

Procedure in a Colorado Dog Bite Case

If you’re a dog bite victim, the first thing you should do is seek medical assistance. Even if the wound seems minor, err on the side of caution. A report should be filed within 12 hours of the attack. Doctors in Colorado are required to let the local animal control officer know of any dog bite injuries they treat.

The bite must be reported in the city where the bite happened. If you’re from Colorado Springs but visiting friends in Boulder when your dog nips someone, the report would be filed in Boulder. Domestic pets will be quarantined for 10 days.

Colorado Dog Bite Laws: The Basics

As written, legal statutes can be confusing and difficult to decipher. Below are some plain-language interpretations of Colorado's dog bite laws.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Questions About Colorado Dog Bite Laws

While your dog bite case won’t be exactly the same as anyone else’s, there’s often common ground. Below are some common questions concerning dog bite issues.

Does Colorado have a leash law?

While dogs are required to be under control at all times, there is no state-wide leash law in place for Colorado. Local governments are permitted to have their own restrictions.

For example, in Denver, a dog must be on a leash unless it is in a dedicated off-leash enclosure, like a fenced-in dog run in a park.

My dog bit someone, but it wasn’t their fault! Can I defend them?

There are conditions that exonerate a dog from blame in a biting incident. If some or all of these apply, as the owner of the dog, you would not be responsible for damages:

• The victim was trespassing
• There were “No Trespassing” and “Beware of Dog” signs clearly posted
• The dog was being used by a government official, such as a police dog
• The victim knowingly provoked the dog
• The victim works with dogs, such as a veterinarian or a dog groomer
• The dog is a working dog (herding, ranch dog, predator control dog)

In addition, Colorado is a modified comparative negligence state. This means the plaintiff's damages are reduced by their percentage of fault. If the plaintiff is found to be more negligent or equal to the combined negligence of the defendant, the plaintiff gets nothing.

My dog sometimes nips me when we’re roughhousing. Is that okay?

If you have any doubts about your dog’s behavior, you should make an appointment with a veterinary professional and let them assess the situation. While this chart can help give a rough idea of appropriate levels of play, there is nothing better than consulting an expert.

Related Resources

• Dog Bites and Animal Attack Overview
• Dog / Animal Bites: FAQ
• Dog Bite Laws by State

Seek Professional Legal Help With Your Colorado Dog Bite Claim

If you’re seriously injured by a dog bite, see a medical professional before anything else. Once that’s taken care of, gather and retain as much information about what happened and the damages you sustained to protect your strict liability or negligence claim. A Colorado dog bite attorney specializing in animal bites can help you deal with the insurance company and get the best results possible.

If you’re the owner of a dog who is accused of a bite attack, having a dog bite attorney experienced in the defense of personal injury lawsuits is a powerful ally in your fight for justice.