While service animals play a vital role in assisting people with disabilities, they are still animals and can sometimes bite. When a service dog bite in Denver occurs, determining liability can be legally complex.
Victims of dog bites—whether they occur on public or private property—may suffer serious bodily injury, incur high medical bills, and endure long-term emotional distress. Knowing your rights under
Colorado’s dog bite statute and how strict liability laws apply are essential for any injured person seeking legal recourse. So, what does the law say about a Denver dog bite, and what happens with the actual injury compensation?
Colorado’s Dog Bite Law: Strict Liability Applies
Colorado follows a strict liability standard for dog bite cases, codified under Colorado Revised Statutes §13-21-124.
This means a dog owner is legally responsible for damages if their dog causes a bodily injury or death to another person, regardless of whether the dog had shown aggressive behavior before.
Key Takeaways of Colorado’s Dog Bite Law
The laws for physical injury resulting from a service dog bite in Denver can be simplified into the following factors:
1. Applies to Public or Private Property
The statute applies if the person bitten was lawfully present on public or private property, such as a park, street, or a friend’s home. Trespassers may not be protected.
2. Dog Owner Accountability, Regardless of Past Behavior
Unlike the one bite rule in other states, Colorado does not require prior incidents to hold the dog owner liable. This removes the burden of proving dog owner’s knowledge of dangerous propensities.
3. Serious Bodily Injury Requirement
The law specifically covers serious bodily injury, which includes:
- Broken bones
- Serious permanent disfigurement
- Injuries requiring corrective or cosmetic surgery
- Injuries causing a substantial risk of death
4. Recoverable Damages
Victims can claim both economic damages (e.g., medical expenses, lost wages) and non-economic damages (e.g., physical pain, emotional distress).
In other cases, the dog’s viciousness may also be considered during the legal case, impacting the outcomes of the case.
Service Dogs and Legal Responsibility
Even service dogs—while protected under federal law for their important role—can result in liability for their handlers if they bite.
The Americans with Disabilities Act (ADA) permits service animals in most public areas, but it does not override Colorado law concerning injuries.
When Is a Dog Owner Held Liable for a Service Dog Bite?
Violation of Leash Laws
If the dog owner fails to keep their service dog on a leash or under control in a public space, they can be held liable for any injury caused. Denver’s leash law ordinances are strict and apply to service dogs unless specific exemptions are met.
- Lawful Presence of the Victim
If the injured person was legally on the property where the incident occurred—such as a licensed veterinarian office, grooming salon, or sidewalk—their presence supports a civil action.
- Severity of the Injury
The bite must result in serious injuries such as:
- Second or third-degree wounds
- Severe lacerations
- Injuries requiring professional medical treatment
- Permanent disfigurement
- Sufficient Documentation
Successful cases typically include:
- Medical treatment records
- Photographs of injuries
- Statements from witnesses
- Details about the accident scene
Exceptions and Defenses For A Service Dog Bite in Denver
1. Trespassing
If the person bitten was unlawfully on private property, the dog owner may argue that the victim had no legal right to be there, potentially shielding them from liability.
2. Provocation
Under Colorado dog bite law, the dog owner may not be liable if the bite was provoked. Examples include teasing, harming, or cornering the dog.
3. Working and Predator Control Dogs
If the animal attack involved a predator control dog or police K-9 operating within the scope of their duties, liability may not apply.
What to Do After a Dog Bite in Denver
1. Seek Medical Attention Immediately
All dog bites should be treated as medical emergencies. Prompt professional medical treatment can prevent infection and ensure your bodily injury is documented by healthcare providers.
2. Report the Bite
Always report the dog attack to Denver Animal Control. Filing a report helps authorities track aggressive animals and supports your dog bite claim.
3. Document Everything
- Capture the Accident Scene
Take photos of where the animal attack occurred, including any warning signs or fencing.
- Record the Injury
Photograph your injuries immediately and throughout your healing process to show the severity and progression.
- Secure Witness Information
Eyewitness testimony can be critical to determining liability. Collect names, numbers, and written accounts if possible.
- Track Expenses
Maintain a detailed record of all medical bills, lost income, and related economic damages.
Consult an Experienced Attorney
An experienced attorney familiar with Colorado’s dog bite statute can be instrumental in achieving justice.
1. Evaluate Your Case
A free consultation allows you to discuss your claim, identify possible legal responsibility, and receive advice from a qualified dog bite injury lawyer.
2. Handle Insurance Companies
Insurance companies may try to deny or minimize your claim. A seasoned law firm will protect your interests, negotiate assertively, and ensure the insurance company does not exploit your situation.
Complete the Legal Process
From filing court documents to engaging in negotiations, your legal team will handle every aspect of the legal process, allowing you to focus on healing.
Legal Recourse for Victims
Even if you have a minor dog bite case, you need help with the legal process involved in such cases. Here’s what you should know:
Determine the Dog Owner’s Liability
Proving the dog owner’s knowledge of risks—or lack thereof—is key. Even without prior incidents, Colorado’s strict liability standard often applies.
Recover Economic and Non-Economic Damages
You may be entitled to:
- Reimbursement for all medical expenses
- Compensation for lost wages due to missed work
- Costs for psychological counseling
- Awards for physical pain, emotional distress, and permanent disfigurement
If the dog bite results in bodily injury or death, surviving family members may have a wrongful death claim. This includes damages for funeral expenses, loss of companionship, and more.
Dog Groomers and Professional Handlers
Professionals such as dog groomers may be liable if aggressive behavior is ignored or improperly handled. In such cases, the facility and its staff may share responsibility.
Pit Bull Attacks
While breed-specific legislation varies, pit bulls are often involved in severe attacks. However, under Colorado law, all breeds fall under the same legal scrutiny regarding strict liability.
Duty of a Reasonable Person
In court, the reasonable person standard assesses whether the dog owner took appropriate steps to prevent harm. This includes proper training, securing the dog, and complying with leash laws. You should also learn about your rights and what to do next if you want to get compensation successfully.
Call BLG for Legal Help for Your Service Dog Bite in Denver!
If you or someone you love has suffered a dog attack in Denver involving a service animal, it’s time to seek experienced help. A dedicated dog bite injury attorney at Bourassa Law Group can help you navigate the legal process, recover economic damages, and secure justice.
Contact our legal team today for your free consultation and take the first step toward holding negligent parties accountable.
1-800-870-8910