Dog Bite Attorneys
in Durango, Colorado

What Is Colorado’s Dog Bite Statute?

The dog bite statute applies strict liability only to dog bites. “Strict liability” means the owner is responsible for any injuries caused by their dog. The statute may be applied when the dog bite occurs on public property or while the victim is lawfully on private property — and when the victim sustains serious injury or death.

If any of the following apply, the dog owner may not be held liable:

• The victim was trespassing
• The victim provoked the dog
• The property was clearly marked with “no trespassing” or “beware of dog” signs
• The dog was working as a herding, farm, ranch, or hunting animal at the time of the attack
• The dog was performing law enforcement or military duties
• The victim is a veterinarian, dog groomer, handler, kennel worker, or acting in any similar roles

What Are the Key
Considerations in a Liability Claim?

There are five key areas of consideration relevant to your ability to pursue a personal injury claim resulting from a dog bite:

1. You Must Prove Liability - This means you must prove that none of the exceptions listed above apply to the circumstances surrounding the attack.
2. The Owner Must Have Insurance Coverage - The owner’s property or renter’s insurance must include liability coverage. If there is no insurance, there is no bodily injury liability coverage to file a claim against.
3. The Injuries Must Be “Serious” - Serious bodily injuries are those that cause a substantial risk of death, serious permanent disfigurement, or protracted loss or impairment of any organ or body part. Serious injury also includes second- or third-degree fractures, cuts, or burns.
4. You Can Only Pursue Certain Damages - These include economic damages such as current and future medical expenses, expenses for psychological counseling and therapy, and for current and future lost income and lost income potential.
5. Non-Economic Damages Do Not Apply - In strict liability actions, non-economic damages do not apply, however, they can be pursued in negligence cases. Non-economic damages include pain and suffering and loss of companionship.

What Are Colorado’s Leash Laws?

Colorado does not have a statewide leash law, however, dogs are to be under control at all times for the safety of others. It’s also important to remember that many local and municipal governments do have leash ordinances. In Durango, for example, it is against the law for any owner, possessor, or authorized agent of any owner to fail to restrain their dog within the city limits, except in areas designated specifically for off-leash activities.

Put a Skilled Legal Team On Your Side Today

As with any personal injury claim, the burden of proving liability or negligence for the damages caused by a dog bite rests with the victim making the claim. A personal injury attorney experienced with representing dog bite victims can investigate the circumstances of the case, produce documentation of injuries, and quantify your damages. There’s also the challenge of whether any potentially liable party carries premises liability insurance. You benefit from having a skilled and experienced legal team on your side when pursuing any kind of compensation for your injuries.

Our attorneys at Downs, McDonough, Cowan & Foley have helped dozens of dog bite victims in Durango, Telluride, Pagosa Springs, and Cortez, Colorado, as well as individuals throughout the Four Corners. We do not back down from challenging personal injury cases or from insurance companies that make aggressive attempts to deny injury claims. Our top priority will be protecting your rights and advocating for your needs at every turn. We will do everything we can to fight for the compensation you need and deserve. Call or reach out to our office today to schedule your own free case consultation.