A dog park should feel like a haven for pet lovers, a place where owners unwind and dogs run free. But when a dog bite turns a casual day into a visit to the emergency room, the consequences are anything but carefree. If you were bitten at a Denver dog park, understanding your legal rights under Colorado dog bite laws is crucial. Dog attacks, especially in off-leash environments, often raise serious legal questions. And if you’re a dog bite victim, you may wonder if you can sue for injuries sustained on public or private property.
Here’s what you need to know about filing a dog bite claim, your rights under Colorado law, and how to seek fair compensation for your losses. For advice catered to your specific case, please reach out to an experienced dog bite attorney.
Understanding Dog Bite Liability in Colorado
Colorado follows a strict liability rule under Colorado Revised Statutes §13-21-124, which means a dog owner can be held strictly liable if their dog bites a person who was lawfully on public or private property and they suffer serious injuries, even if the dog has never shown aggression before.
This means that under Colorado dog bite laws:
- The dog owner is responsible for bodily injury or serious injury caused by their dog.
- A dog bite victim doesn’t need to prove negligence if they suffered serious bodily injury.
- The law applies whether the incident occurred on public or private property when the injury meets the statutory threshold.
Certain exceptions apply, for example, if the injured person was trespassing, provoking the dog, or bitten by a military dog or a dog working in law enforcement. However, in a typical Denver dog park scenario, if you were lawfully present and not engaging in risky behavior, you likely have a valid dog bite case.
The Risk of Off-Leash Areas and the Role of Leash Laws
Off-leash zones come with freedom and risk. Dogs running loose can become unpredictable, especially in unfamiliar or stimulating environments like dog parks. Colorado has no statewide leash law, but local governments, including Denver (D.R.M.C. § 8-16) and Colorado Springs, enforce their leash ordinances.
If a dangerous dog runs off leash in an area where leashes are required and causes physical injury, the dog owner can face consequences beyond civil liability. In some jurisdictions, violations of leash ordinances may even bolster a negligence claim in a personal injury lawsuit.
Common factors contributing to dog bite attacks at off-leash parks include:
- Poor training or lack of socialization
- Prior aggressive behavior (which the owner knew about)
- Dogs protecting their owner’s property brought into the park
- Disregard for reasonable care
These circumstances can increase the substantial risk of animal bites, especially when dogs with known histories of aggression or poor socialization are present in the same space.
What Counts as a Dog Bite Case in Colorado?
Under state law, a person can file a valid Colorado dog bite case without proving the dog owner’s negligence only if the injury is serious bodily injury or death. However, if you pursue a negligence claim, you may recover broader damages, including emotional trauma and psychological counseling.
Injuries may occur:
- On the dog owner’s property
- On private property where the victim was lawfully present
- In public spaces such as dog parks, sidewalks, or recreational trails
Colorado law also allows people to bring claims against property owners for dangerous conditions on their premises, but this is separate from dog bite cases under the dog bite statute.
Colorado law exempts dog owners from liability if the victim is a professional, such as a dog groomer or veterinarian performing their job, or if the dog was working as a hunting, herding, or farm dog on the owner’s property.
Damages You Can Recover After a Dog Bite Attack
If you’re an injured person after a dog bite attack, the law allows you to recover compensation for both economic and non-economic damages. A personal injury lawyer can help you calculate these damages accurately and present strong evidence to support your claim.
You may be entitled to recover:
- Medical expenses for medical treatment and follow-up care
- Lost wages if the injuries sustained affect your ability to work
- Costs related to psychological counseling for emotional distress
- Compensation for serious bodily injury or severe injuries, including surgeries or long-term therapy
In Colorado, courts also consider whether the dog’s behavior posed a substantial risk and whether the owner knew about previous attacks. If these elements exist, your dog bite claim may yield higher compensation.
Common Challenges in Dog Bite Lawsuits
Dog bite cases often involve conflicting stories. The insurance company may downplay the incident or argue that the injured person provoked the dog. That’s why working with a skilled dog bite attorney can make a critical difference in how your case is handled.
Key obstacles include:
- Proving you were lawfully on public or private property
- Demonstrating that the dog owner failed to exercise reasonable care
- Disputes about whether the dog qualifies as a dangerous dog
Colorado courts review all evidence, including vet records, incident reports filed with animal control, and eyewitness testimony. You may also need a medical professional to document the extent of your bodily injury or emotional trauma.
How to Respond Immediately After a Dog Bite
Taking swift action after a dog attack can protect both your health and your legal rights.
Here’s what to do:
- Seek medical attention right away to address physical injuries and prevent infections, and keep copies of all medical bills.
- Report the incident to animal control, especially if the dog was off-leash.
- Get the dog owner’s contact information and verify vaccination records.
- Document all injuries sustained with photos and written accounts.
- Consult a medical professional for any follow-up medical treatment.
These steps can strengthen your future personal injury claim, particularly if the dog’s behavior was reckless and caused a serious injury.
Know Your Rights and Seek Support
Being bitten at a dog park can disrupt your sense of safety and well-being. But Colorado law provides clear protections for dog bite victims, whether the bite occurred on public or private property. When a dog bite attack leads to emotional distress, medical expenses, or serious bodily injury, you have legal options to pursue justice.
If you’re handling the legal process or facing resistance from an insurance company, Bourassa Law Group is here to guide you. Our law firm understands Colorado’s unique dog bite laws and fights for the rights of those injured due to a dog owner’s failure to protect others.
Contact us today for a free, confidential consultation. Let us help you seek the compensation and healing you deserve.
1-800-870-8910