Dog bites happen unexpectedly and leave victims with serious injuries, emotional trauma, and expensive medical bills. In Denver, the law surrounding dog bite liability can be confusing, especially when owners use “Beware of Dog” signs. Many dog owners believe that posting a warning sign protects them from legal responsibility if their dog injures someone. But is that true under Colorado law? At Denver Personal Injury Lawyers®, we’ve seen how these cases unfold, and we’re here to help you understand your rights and responsibilities, whether you’re a dog owner or a bite victim.
Colorado’s Dog Bite Laws: An Overview
Colorado has a specific statute, known as the “Dog Bite Statute” (C.R.S. § 13-21-124), which outlines liability for dog owners when their dog injures someone. The law focuses on whether the injured person was lawfully on the property and whether the dog owner acted negligently. Here are the key points:
Understanding Dog Bite Liability
Strict Liability
If a dog bites someone and causes serious bodily injury while the victim is lawfully on public or private property, the owner is typically held strictly liable. This means the victim doesn’t need to prove that the owner knew the dog was dangerous or failed to control it.
Example: Imagine a delivery driver drops off a package at someone’s house, and their dog runs out and bites the driver, causing severe injury. Even if the dog had no history of aggression and the owner believed the dog to be friendly, the owner is strictly liable because the bite happened while the driver was lawfully on the property.
Negligence
In situations where strict liability doesn’t apply, victims may be able to pursue claims based on negligence. This applies when the owner fails to act responsibly, such as not securing their dog when they knew they should have or negligently ignoring leash laws.
Example: If an owner attempted to put up a “beware of dog” sign but did so in a negligent manner so as to not clearly and conspicuously warn the victim about the dog, there may be a cause of action for negligence. In reality, most dog bite cases will fall under “Dog Bite Statute” (C.R.S. § 13-21-124). Negligence claims related to dog bite injuries generally come into play if the dog bite injury falls under one of the limited exceptions found in “Dog Bite Statute” (C.R.S. § 13-21-124) and is very fact specific.
Exceptions
Certain situations exempt the dog owner from liability, even in cases of injury. The statute doesn’t apply if the victim was trespassing, if property was clearly and conspicuously posted with a “no trespassing” or “beware of dog” sign, provoking the dog, if the dog was being used by law enforcement, or if the dog was working as a hunting, herding or ranch dog.
Example: Suppose someone hops a fence into a backyard where a dog is secured and begins teasing the dog or attempting to break into the home. If the dog bites them, the owner might not be liable because the person was trespassing and provoking the animal.
By understanding these distinctions, both dog owners and bite victims can navigate their rights and responsibilities more effectively.
Do “Beware of Dog” Signs Provide Legal Protection?
The Colorado “Dog Bite Statute” (C.R.S. § 13-21-124) outlines various exceptions to the general rule of liability placed against the dog owner if the owner’s dog bites someone. One of the specific exceptions relates to “beware of dog” signage. According to Colorado law, if there is “beware of dog” signage on the owner’s property that is clearly and conspicuously posted, the owner will not be liable for injuries caused by the dog. As you can imagine, if a dog owner is attempting to avoid liability under this exception, whether the signage is clearly and conspicuously posted is a question of fact which sometimes has to be litigated.
The Purpose of a Warning Sign
“Beware of Dog” signs serve as a warning to others that a dog may pose a risk and potentially shield the dog’s owner from liability if the dog seriously injures someone while on the owner’s property. Specifically, if a dog owner “clearly and conspicuously” posts “Beware of Dog” sign(s) on the owner’s property and the dog injures someone on the property, the owner of the dog will not be held liable for the victim’s injuries. In this scenario, the warning sign acts to shield the dog owner from liability. A factual scenario may arise however, which would suggest that the “Bewared of Dog” sign or signs were not “clearly or conspicuously” marked. In this scenario, the dog’s owner would have a defense to liability, but not an absolute defense. The victim would be able to challenge the dog owner’s assertion that the signage was clear and conspicuous.
According to Colorado law, a “No Trespassing” sign serves the same purpose as a “Beware of Dog” sign. If the “No Trespassing” sign(s) are “clearly and conspicuously” posted on the dog owner’s property, and the dog injures someone while that person is trespassing, then the dog owner is not liable for the trespasser’s injuries. Of course, there can be an argument that the signage was not “clearly and conspicuously” marked which would give rise to a potential claim against the dog owner.
What Happens If a Dog Bites Someone in Denver?
If a dog bite occurs, the steps taken immediately afterward can significantly impact the outcome of a legal claim. Here’s what typically happens:
For the Victim
- Seek Medical Attention: Dog bites can lead to infections, scarring, and long-term damage. Prompt treatment is essential for both health and documentation.
- Report the Incident: Notify local animal control or law enforcement. This creates an official record of the bite.
- Gather Evidence: Take photos of the injuries, the dog, and the scene. Obtain the dog owner’s contact information and any witness statements.
- Consult a Denver Personal Injury Attorney: Legal guidance can help you navigate the claims process and secure compensation for medical bills, lost wages, and pain and suffering.
For the Dog Owner
- Ensure the Victim Receives Care: Cooperate with authorities and make sure the victim gets medical attention.
- Provide Vaccination Records: Proof of the dog’s vaccination history can prevent complications with health authorities.
- Document the Incident: Take notes about what happened and keep any relevant evidence, such as photos or witness contact information.
- Report the incident to police: File a report with local law enforcement or animal control to ensure the incident is documented officially. This helps establish a record of the event, which may be critical in defending against liability claims or resolving disputes.
Defenses Against Dog Bite Claims
Dog owners facing a liability claim may have legal defenses, depending on the circumstances. Common defenses include:
- Trespassing: If the victim was unlawfully on the property, the owner may not be liable.
- Beware of Dog / No Trespassing Signs: If the victim was injured while on property which was clearly and conspicuously “Beware of Dog” or “No Trespassing, then the owner is not liable.
- Provocation: If the victim provoked the dog by teasing, hitting, or otherwise agitating it, the owner might argue that this caused the bite.
These defenses are highly fact-specific, and their success depends on the evidence presented.
How Compensation Is Determined in Dog Bite Cases
Victims of dog bites may be entitled to compensation for a range of damages, including:
- Medical Expenses: This includes emergency care, surgeries, medications, and ongoing treatment.
- Lost Wages: If the victim is unable to work due to their injuries, they can recover compensation for lost income.
- Pain and Suffering: Non-economic damages for physical pain, emotional distress, and reduced quality of life.
- Property Damage: Compensation for damaged clothing, glasses, or other personal belongings.
A Denver personal injury attorney can help calculate the full value of your claim and advocate for fair compensation.
How Denver Personal Injury Attorneys Can Help
The most challenging part of a dog bite case is finding insurance to pursue damages. We find that many people who leave their dogs unattended and in unsafe situations, have nothing to go after.
At Denver Personal Injury Lawyers®, we:
- Investigate Thoroughly: We gather evidence, interview witnesses, and consult experts to build a strong case.
- Handle Communication: We manage all interactions with insurance adjusters and opposing counsel to prevent costly mistakes.
- Advocate Aggressively: Whether negotiating or litigating, we fight for the best possible outcome.
Experienced attorneys understand Colorado’s dog bite laws, ensuring victims secure fair compensation for medical expenses, lost wages, and pain and suffering, while dog owners present effective defenses. Without legal guidance, you risk financial and emotional strain. Trust us to handle the complexities, so you can focus on moving forward.
Contact Denver Personal Injury Lawyers® for a Free Consultation
If you’ve been injured in a dog bite incident or need help defending against a claim, reach out to Denver Personal Injury Lawyers® today. Our team has a proven track record of success, and we’re committed to providing personalized, compassionate representation to every client.
During your free consultation, we’ll review the details of your case, answer your questions, and outline the next steps. You don’t pay unless we win your case, so there’s no risk in seeking our help.
Let Denver Personal Injury Lawyers® be your trusted advocate. Contact us today for your free consultation—your recovery and peace of mind are just a call away.
