When a child is bitten by a dog in Colorado, the emotional and physical consequences can be devastating. From painful injuries to emotional trauma, dog bite incidents demand immediate attention and careful legal action. Therefore, knowing the checklist for evidence after a child is bitten by a dog in Colorado matters because dog attacks can be life-threatening if a dog bites someone.
Understanding your rights and responsibilities is the first step in securing justice. This guide offers an in-depth look at what to do when a child is bitten, including an evidence checklist, how Colorado law applies, and the role of a dog bite attorney.
Understanding Dog Bite Injuries and Colorado Law
Dog breeds like pit bulls are notorious for their aggressive behaviour and leading to hefty medical bills for a personal injury process. However, apart from wanting to prevent dog bites and seeking compensation, we also need to understand dog bites in children.
Dog Bite Injuries in Children
Children are more vulnerable to dog bites than adults. Due to their smaller size and inexperience around animals, they often suffer from injuries to the face, neck, and upper extremities. These can include:
- Puncture wounds: Deep, painful wounds that can lead to infections.
- Bone fractures: Broken bones, especially in the hands, arms, or facial structure.
- Nerve damage: Permanent impairment depending on the bite location.
- Serious bodily injury: Defined under Colorado law as injuries requiring medical attention or resulting in lasting impairment.
Sadly, even well-trained dogs can sometimes lead to such injuries, requiring medical treatment right away. Similarly, negligent owners on private property are also a big reason why victims pursue compensation, depending on the victim’s ability and understanding.
The Law in Colorado: Strict Liability
Under Colorado Revised Statutes (CRS) §13-21-124, the state follows a strict liability rule for dog bites resulting in serious injury or death. This means that dog owners are legally responsible, regardless of the dog’s history or the owner’s knowledge of its behavior. Unlike the “one bite rule” observed in some states, Colorado does not require a previous attack to hold the owner liable.
If the injury does not meet the statutory definition of serious bodily injury, victims may still pursue a personal injury case by proving negligence, which requires evidence that the dog owner failed to act with reasonable care.
Suing after a Child is Bitten by a Dog in Colorado: Evidence Checklist
Here’s what the injured party needs to know before a lawsuit for the injuries sustained, and how they can be held liable.
Immediate Medical Attention and Documentation
Doctor’s notes are a key player in such cases, but there’s more about the medical records to keep in check:
Emergency Care
Much like a service dog bite liability, taking action matters. Therefore, always seek immediate medical attention following a dog bite. Visit the emergency room or your child’s pediatrician. Prompt medical care helps prevent infection, documents the extent of the injury, and forms the foundation of your case.
Medical Records
Obtain all records related to the injury, including:
- Emergency room reports
- Physician notes
- Treatment plans and prescriptions
- Records of rabies treatment or vaccinations
- Photographs of injuries before and after treatment
These records help illustrate the severity of the injury and support your dog bite claim.
Physical and Visual Evidence
Photographs and Clothing
Photograph injuries at the scene, during treatment, and throughout the healing process. Also, preserve any torn or blood-stained clothing. Visual evidence reinforces your claim and captures the extent of the harm caused.
Scene Documentation
Photograph the area where the bite occurred. If the attack occurred on the dog owner’s property or public space, document signs (or lack thereof), fences, gates, or other relevant features.
Witness Statements
Collecting Testimony
Witnesses can provide context to the attack, such as the dog’s behavior before the incident. Obtain their full names, contact details, and written statements if possible.
Use in Legal Proceedings
Witness accounts can be crucial, especially in disputes over whether the dog was provoked or unleashed. Even in minor dog bite cases, a dog bite attorney will use these statements to support your personal injury case.
Dog Owner’s Information and Insurance
Identify the Dog Owner
Collect the dog owner’s name, address, and insurance details. Homeowner or renter policies often cover dog bite incidents.
Insurance Claims
Most dog bite claims involve the dog owner’s insurance company. Having this information enables your lawyer to file a timely and effective claim for compensation.
Reports from Authorities
Animal Control and Police
Report the incident to your local animal control agency and police department. Authorities will create formal reports that may include:
- Dog breed and vaccination status
- Aggressive behavior history
- Statements from the owner and witnesses
Public Records
Prior complaints or incidents involving the dog or owner can often be obtained through public records. This supports claims of the owner’s negligence or the dog’s history of aggression.
Veterinary Records and Dog History
Aggressive Tendencies
Veterinary records may show if the dog has displayed aggressive behavior previously. Your attorney may subpoena these records if necessary.
Rabies and Disease Control
Verify whether the dog was vaccinated, especially for rabies. If not, your child may require urgent treatment. Unvaccinated dogs increase the seriousness of the incident and liability.
Emotional and Financial Impact
Emotional Distress and Trauma
Dog bite victims, especially children, often suffer long-term emotional effects. Anxiety, sleep disturbances, and a fear of animals are common.
Psychological Treatment
Seeking help from a licensed therapist provides recovery support and further documents the impact of the attack. Therapy records can be used to claim non-economic damages.
Lost Wages and Family Disruption
Parental Income Loss
If a parent must take time off to care for the injured child, this lost income can be included in your claim. Provide documentation such as pay stubs, employment letters, or timesheets.
Impact on a Child’s Life
If the child’s daily life, schooling, or development has been affected, document this with school records, teacher observations, or counselor notes. That’s why consulting with a dog bite lawyer is crucial to the victims.
Proving Negligence for Non-Serious Injuries
When Strict Liability Doesn’t Apply
If the injury is not deemed “serious” under Colorado’s definition, you must prove the dog owner was negligent.
Common Examples of Negligence
- Allowing the dog to roam freely
- Failing to leash the dog in public
- Ignoring local animal control laws
Supporting Evidence
Photographs, witness statements, and police reports are essential. A personal injury attorney will help assemble this evidence to establish negligence.
Legal Process and Representation
Filing a Dog Bite Case
Legal Timelines
In Colorado, the statute of limitations for filing a personal injury case is generally two years from the date of the attack. Consult a dog bite lawyer early to avoid missing this critical deadline.
The Role of a Dog Bite Attorney
A skilled attorney will manage communications with the insurance company, gather evidence, calculate damages, and negotiate for a fair settlement.
Compensation You Can Seek
Economic Damages
- Medical expenses
- Lost wages
- Therapy and ongoing care
Non-Economic Damages
- Pain and suffering
- Emotional trauma
- Loss of enjoyment of life
In cases of fatal attacks, families may pursue a wrongful death claim.
Why Choose Bourassa Law Group
The personal injury attorneys at Bourassa Law Group are experienced in handling dog bite cases throughout Colorado. We understand the physical pain, emotional distress, and financial burdens that follow an animal attack.
We offer compassionate, skilled legal representation to help your family pursue full compensation. From dealing with the dog owner’s insurance company to collecting physical evidence and proving negligence, we guide you every step of the way.
Get Free Consultation with BLG
If your child has been bitten by a dog, don’t wait. Contact Bourassa Law Group today for a free consultation. Let our law firm fight for the justice your family deserves.
With our help, you can move forward with confidence, knowing you have experienced advocates on your side.
1-800-870-8910