An estimated 4.5 million dog bites occur each year[1] with an average of forty-eight of those bites resulting in fatalities.[2] Given these statistics, it is not surprising that insurance companies paid out $1.56 billion in liability claims related to dog bites and other dog-related injuries in 2024.[3] In Colorado, personal injury dog bite claims are asserted under Colorado’s dog bite statute and through common law tort claims. This article discusses Colorado’s dog bite statute, applicable tort claims, insurance coverage, the deadline for filing dog bite claims, and steps that dog bite victims should consider taking to determine if they have a civil claim for damages. A dog bite may also result in criminal charges being filed against a dog owner, but that subject is not covered in this article.
Colorado’s Dog Bite Statute
Civil actions against dog owners are governed by Colo. Rev. Stat. § 13-21-124, which is a “strict liability statute.” A strict liability statute holds a party responsible for damages regardless of that party’s intent or negligence. That does not mean, however, that a claim for damages exists for every dog bite or negative interaction with a dog. Colorado’s dog bite statute determines what type of dog bite claims will result in damages.
When Are Dog Owners Liable For Damages?
Under Colorado’s dog bite statute, a person or a personal representative of a person who suffers serious bodily injury or death from being bitten by a dog while lawfully on public or private property is entitled to bring a civil action to recover economic damages against the dog owner[4] regardless of the viciousness or dangerous propensities of the dog or the dog owner’s knowledge or lack of knowledge of the dog’s viciousness or dangerous propensities. Negligence is not an element of a strict liability claim under the statute.
For purposes of the statute, “serious bodily injury” means bodily injury that, either at the time of the actual injury or at a later time, involves a substantial risk of death; a substantial risk of serious permanent disfigurement; a substantial risk of protracted loss or impairment of the function of any part or organ of the body; or breaks, fractures, or burns of the second or third degree. In addition, a person is deemed to be lawfully on public or private property if he/she/they are in the performance of a duty imposed upon him/her/they by local, state, or federal laws or regulations or if he/she/they are on property upon express or implied invitation of the owner of the property or is on his/her/their own property.
Economic damages may include current and future medical expenses, lost wages, loss of earning power, and other damages. Non-economic damages, such as pain and suffering, are not recoverable under the statute.
In addition to damages, if it is alleged and proved that the dog owner had knowledge or notice of the dog’s viciousness or dangerous propensities, the court, upon a motion made by the victim or the personal representative of the victim, may enter an order that the dog be euthanized by a licensed veterinarian or licensed shelter at the expense of the dog owner.
When Are Dog Owners Not Liable For Damages?
A dog owner is not liable to a person who suffers bodily injury,[5] serious bodily injury, or death from being bitten by the dog: (a) while the person is unlawfully on public or private property; (b) while the person is on property of the dog owner and the property is clearly and conspicuously marked with one or more posted signs stating “no trespassing” or “beware of dog”; (c) while the dog is being used by a peace officer or military personnel in the performance of peace officer or military personnel duties; (d) as a result of the person knowingly provoking the dog; (e) if the person is a veterinary health-care worker, dog groomer, humane agency staff person, professional dog handler, trainer, or dog show judge acting in the performance of his or her respective duties; or (f) while the dog is working as a hunting dog, herding dog, farm or ranch dog, or predator control dog on the property of or under the control of the dog’s owner.
Common Law Tort Claims
Depending on the facts, a dog bite may also give rise to a negligence claim. If a negligence claim is proved, or if the owner knew of the dog’s vicious or dangerous tendencies, a victim may recover both economic and non-economic damages (subject to a statutory cap), such as those for pain and suffering, emotional distress, and permanent disfigurement or impairment. In tort cases, damages may, however, be prohibited or reduced if the victim is also partially at fault for the dog bite. In some cases, other common law claims, such as those for negligence per se, extreme and outrageous conduct, and other tort theories, may also apply.
Insurance Coverage
Many dog owners carry insurance policies that cover dog bites. For example, homeowner or renters policies or general liability policies held by commercial property or store owners may cover dog bites. But it is important to read the policy to understand coverage limits and exclusions. For example, some policies exclude coverage for certain high-risk dog breeds, such as pit bulls, or if a dog has a prior history of dog bites.
Applicable Statute of Limitations
Dog bite claims must be brought within two years of the bite. Failure to file by the deadline may result in the dismissal of the victim’s claim and prohibit the victim or the victim’s estate from recovering damages.
Steps To Take In The Event Of A Dog Bite
Dog bite victims who have suffered injuries should consider taking the following steps to protect their rights: (1) seek medical help for your injuries immediately—do not wait; (2) keep copies of all police reports, medical reports, images, test results, prescriptions, invoices, and bills as well as all ambulance bills, and any other injury-related expenses; (3) take photographs of the place where the injury occurred and your injuries; (4) gather copies of any potentially applicable insurance policies; and (4) consult with a personal injury attorney who can help evaluate and assert claims and work with insurance companies.
Our Team
BHGR’s Personal Injury Group has successfully handled civil matters involving severe personal injury and wrongful death in automobile, dog-bite, workplace, and construction site accidents, and our attorneys have significant experience in all insurance-related coverage disputes. Call BHGR today if you or someone you know has suffered a serious dog bite.
This article is informational only. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. Readers of this website should contact their attorneys to obtain advice with respect to any particular legal matter. No reader, user, or browser of this site should act or refrain from acting based on information on this site without first seeking legal advice from counsel in the relevant jurisdiction. Only your individual attorney can provide assurances that the information contained herein—and your interpretation of it—is applicable or appropriate to your particular situation. All liability with respect to actions taken or not taken based on the contents of this site are hereby expressly disclaimed. The content on this posting is provided “as is;” no representations are made that the content is error-free.
[1] https://www.dogsbite.org/dog-bite-statistics-quick-statistics.php.
[2]https://www.cdc.gov/mmwr/volumes/72/wr/mm7236a6.htm.
[3] See https://www.dogsbite.org/dog-bite-statistics-quick-statistics.php.
[4] “Dog owner” means a person, firm, corporation, or organization owning, possessing, harboring, keeping, having financial or property interest in, or having control or custody of, a dog.
[5] Bodily injury” means any physical injury that results in severe bruising, muscle tears, or skin lacerations requiring professional medical treatment or any physical injury that requires corrective or cosmetic surgery.