When people suffer from a traumatic animal attack, one of the first questions they often ask is whether the dog’s owner is liable for the injuries. Many assume that the Colorado one-bite rule might protect the owner if the dog has never bitten before. In Colorado, the law doesn’t follow the “one-bite rule” in dog bite cases. Instead, the state operates under a strict liability rule for injuries or deaths caused by dogs.
This means that dog owners can be held responsible for a bite, even if the dog has never bitten anyone before, as long as the attack results in serious injury or death. The owner’s liability is based on the injury, not the dog’s history of aggression. This rule has certain exceptions, such as if the victim was trespassing or provoked the dog. Additionally, there is a two-year time limit for filing a dog bite claim in Colorado. At Cannon Law, we help victims in Fort Collins and across Colorado understand their rights and take legal action when needed.
CALL US (970) 471-7170What Is The One-Bite Rule In Colorado?
The term “one-bite rule” comes from a legal doctrine that requires proof that the dog owner knew or should have known about their dog’s dangerous tendencies. According to Cornell Law School, “the one-bite rule often arises in lawsuits involving bites from domesticated animals (e.g., dog bites). This rule is a scienter requirement under common law that requires the plaintiff to first bear the burden of proof in pleading and proving that the dog owner either knew or was negligent in not knowing that the dog had a propensity to injure people.”
Colorado does not follow this rule. Instead, the state imposes strict liability, meaning the dog owner can still be held accountable regardless of the dog’s history, as long as the bite resulted in serious injury or death.
Colorado’s Dog Bite Statute
Colorado Revised Statutes Section 13-21-124 outlines the state’s approach to dog bite liability. This statute explains key legal definitions, including “bodily injury,” “dog,” and “serious bodily injury.”
Highlights of the statute include:
- A dog owner can be held civilly liable for economic damages caused by their dog biting someone
- The victim must have been lawfully present on public or private property.
- It does not matter whether the dog was previously aggressive or if the owner knew about any past issues.
This law allows dog bite victims to recover the cost of medical expenses, lost income, and other measurable financial losses. However, it does not automatically entitle the victim to compensation for pain and suffering unless additional legal grounds exist, such as negligence or premises liability.
Can I Sue For A Dog Bite In Colorado?
Yes, you can sue a dog owner in Colorado if you suffered serious bodily injury or death due to a dog bite. The key condition is that you must have been lawfully on the property where the bite occurred.
In Colorado, victims may file a claim under strict liability or pursue a broader negligence claim to recover non-economic damages like emotional trauma. You might also pursue legal action if the dog bite happened due to leash law violations or a failure to control the animal in public spaces.
Keep in mind:
- There is a two-year statute of limitations to bring a dog bite claim
- You may also have to prove damages with supporting documentation such as medical bills or lost wage reports.
Many dog bite victims face not only physical trauma but also emotional and financial difficulties. Knowing you have the right to file a lawsuit gives you the power to seek accountability.
What To Do After A Dog Bite In Colorado
Dog attacks happen unexpectedly. If you’ve been bitten, taking the proper steps immediately can help your recovery and any legal claim you may pursue. Here are the essential actions we recommend:
- Seek medical attention right away, even for minor-looking wounds
- Report the incident to local animal control or the police
- Document everything: take photos of the injuries, the scene, and, if possible, the dog
- Collect contact information from the dog owner and any witnesses
- Avoid confrontations with the dog owner, especially if emotions are high
Consult An Experienced Fort Collins Dog Bite Lawyer
Pursuing compensation after a dog bite can be overwhelming, especially while dealing with injuries. You need someone who understands Colorado law and how to navigate the strict liability rules to protect your rights.
If you or a loved one were injured by a dog in Fort Collins or elsewhere in Colorado, don’t wait. Call Cannon Law today at 970-471-7170 to speak with our legal team. We’re here to help you understand your rights and take the next step forward with confidence.
