Helping Dog Bite Victims With Claims Against Negligent Owners
Almost two-thirds of Colorado residents have at least one pet in the household, and nearly half own a dog. While pet ownership can be fulfilling in many ways, dog owners are responsible for ensuring that their dogs are not a danger to other people. Colorado Springs has a leash law that requires dog owners to keep dogs on a leash and in control at all times in public spaces, but dog bites still happen on a regular basis — and many go unreported.
Dog bite injuries can be severe, and the experience of being attacked by a dog is often a traumatic one for the victim. It’s common for owners to try to deny responsibility or get you not to report the bite, but you have the right to seek compensation for your injuries and related expenses. Call Kimball Injury Law to find out how you can take legal action against the dog’s owner.
When Can an Owner Be Held Liable If a Dog Bites Someone?
Colorado law allows for dog owners to be held liable for any bites from their dogs that are categorized as inflicting serious bodily harm or death. Victims are not required to prove that the owner acted in a negligent manner. They only have to prove that the dog bit them and that the bite caused a serious injury. Serious bodily injury is defined as there being a substantial risk of disfigurement or death or a loss of function to a part of the body. Broken bones and fractures also qualify as serious bodily injury.
However, this only applies if the bite occurs in a situation where the victim was legally permitted to be on the property. For example, if you were bitten by a dog at a public park, the owner could be held liable. However, if you went on to someone’s private property without permission and there was adequate warning such as a “no trespassing” sign, the owner is not liable for the bite. Owners are also not liable for bites if the victim was provoking the dog.
Is It Required to Report a Dog Bite Injury?
Yes, all dog bites are required to be reported to the El Paso County Public Health. This includes whether the victim was a human or another pet and whether the bite happened on public or private property. State law requires that animal bites are reported to ensure that any risk of transmitting rabies is identified. Reporting a dog bite case can also ensure that you have documentation of the dog attack, which can help provide proof of the bite and the serious injury later on.
What Compensation Can I Receive After a Dog Bite?
Victims of dog attacks can file a lawsuit seeking compensation for any economic or non-economic losses resulting from their injuries. The dog owner is responsible for any damages if the victim suffered bodily injury. This can include all bills and expenses related to medical treatment, including surgery or physical therapy, lost wages from time off of work or decreased earning potential in the event of permanent disfigurement.
In Colorado, victims of dog bites can also claim non-economic damages, which include compensation for pain and suffering, emotional distress, disfigurement, loss of enjoyment of life, and other non-pecuniary (i.e., non-financial or intangible) losses. These types of damages are typically sought in addition to economic damages to fully compensate the victim for the impact of the injury on their quality of life.
In addition, under certain circumstances–usually accompanied by more reckless behavior–exemplary damages (a.k.a. punitive damages) may also be awarded if the injury was aggravated and attended by a willful or reckless disregard of the injured person’s rights.
When Should I Talk to a Colorado Springs Dog Bite Lawyer?
If you are considering filing a dog bite injury claim, it’s important to talk with an attorney as early as possible in the process. An attorney can provide information on the dog bite laws in Colorado and give you advice on how to document your injuries to be used later as evidence in court. In most instances, you also have a maximum of two years from the date of the incident to file a dog bite claim in Colorado.
If you suffered a dog bite and are now dealing with injuries and the medical bills that go with them, call Kimball Injury Law at 719-357-9444 to speak to an experienced dog bite lawyer.