A dog bite can happen in seconds. One moment you’re walking through a neighborhood in Security-Widefield or visiting a friend’s rental property in Fountain, and the next you’re dealing with deep puncture wounds, torn tissue, and the very real possibility of permanent scarring. When that bite happens, two questions come up fast: Who’s responsible? And can I hold them accountable?
The answer in Colorado is clearer than in many states. Under Colorado Revised Statutes § 13-21-124, dog owners are strictly liable for bite injuries. That means the owner is legally responsible for your injuries even if the dog has never bitten anyone before and even if the owner had no reason to believe the animal was dangerous. This is different from the “one bite rule” in some states, where victims must prove the dog had a history of aggression.
But liability doesn’t stop with the dog’s owner. Property owners, landlords, and business operators can also be held responsible for dog attacks that occur on their premises — especially if they knew about a dangerous animal and failed to take reasonable precautions. That’s where premises liability law intersects with dog bite cases.
Bradford Pelton PC has handled dog bite claims throughout Colorado Springs, Monument, and the surrounding communities. Attorney Alex Kerr personally manages every case from the initial consultation through final settlement or trial, ensuring nothing gets lost in translation when your injuries and your future are on the line.
Colorado’s Strict Liability Dog Bite Law Explained
Colorado’s dog bite statute is straightforward. Under C.R.S. § 13-21-124, if a dog bites you and you were lawfully on the property where the bite occurred, the owner is liable. Period. You don’t need to prove the dog had a history of aggression. You don’t need to show the owner was careless. The bite itself establishes liability.
This strict liability rule applies when:
- The injury was caused by a bite (not just a knock-down or scratch)
- You were lawfully on the property or in a public space
- You did not provoke the dog
The statute covers medical costs, but Colorado case law extends liability to all damages resulting from the bite — including lost income, disfigurement, and emotional trauma. That distinction matters when you’re negotiating with an insurance company that wants to pay only your ER bill and nothing more.
There’s a three-year statute of limitations for dog bite personal injury claims in Colorado. That clock starts ticking the day of the attack. Miss that deadline and you lose your right to compensation, no matter how severe your injuries.
When Property Owners Are Liable for Dog Attacks
Strict liability applies to the dog’s owner, but what about the property owner who allowed the dog on the premises?
Property owners — including landlords, property managers, and business operators — can be held liable under premises liability law when:
- They knew or should have known a dangerous dog was on the property
- They failed to take reasonable steps to protect visitors (secure fencing, warning signs, restraint requirements)
- A dog attack occurs as a result of that negligence
This comes up often in rental properties. A landlord who knows a tenant’s dog has a history of aggression but does nothing to protect other tenants or visitors can be held responsible when that dog bites someone in a common area, parking lot, or neighboring yard.
It also applies to businesses. A store owner in Black Forest who allows an aggressive dog to roam the property without adequate control can be liable when that dog injures a customer.
The key difference from strict liability: with premises liability, you must prove the property owner knew or should have known about the danger and failed to act. That requires evidence — prior complaints, visible aggressive behavior, animal control reports, or witness testimony.
Bradford Pelton PC investigates these facts thoroughly. We pull animal control records, interview neighbors, and track down prior incidents to build a complete picture of what the property owner knew and when they knew it.
What Compensation Can You Recover After a Dog Bite?
Dog bites aren’t minor injuries. They cause deep tissue damage, infections, nerve damage, and permanent scarring. Children are especially vulnerable — a bite to the face can require reconstructive surgery and leave lasting emotional trauma.
In a Colorado dog bite lawsuit, you can recover:
Medical Expenses: Emergency room treatment, surgery, antibiotics, wound care, physical therapy, reconstructive procedures, and future medical costs related to scarring or infection.
Lost Wages: Income you missed because of medical appointments, recovery time, or inability to return to work if the injury affects your job function.
Pain and Suffering: Compensation for the physical pain, emotional distress, and reduced quality of life caused by the attack. This includes trauma, anxiety around dogs, and the psychological impact of permanent scarring.
Disfigurement and Scarring: Separate damages for visible, permanent scarring — especially on the face, neck, or arms. This is particularly significant for children and anyone whose appearance affects their livelihood.
Property Damage: If the dog destroyed clothing, glasses, or other personal items during the attack.
Colorado uses a comparative negligence rule. If you were partially at fault for the bite — say, you were trespassing or you provoked the dog — your compensation is reduced by your percentage of fault. If you’re found more than 50% at fault, you recover nothing. That’s why documentation matters. Photos of your injuries, witness statements, and animal control reports all help establish that you were not at fault.
Steps to Take Immediately After a Dog Bite
What you do in the hours and days after a dog bite directly affects the strength of your case.
Seek Medical Care Immediately: Even if the bite seems minor, get evaluated. Dog bites carry a high risk of infection, and delayed treatment can lead to serious complications. Medical records also create a documented timeline of your injuries.
Report the Bite to Animal Control: El Paso County Animal Services requires dog bites to be reported. Call (719) 473-1741 or visit the shelter in person. An official report creates a record that the attack happened and often triggers an investigation into the dog’s history.
Document Everything: Take photos of your injuries immediately and as they heal. Photograph torn clothing. If the bite occurred on someone’s property, photograph the scene — was there a fence? Warning signs? A loose dog? Get contact information for any witnesses.
Identify the Dog Owner and Gather Insurance Information: Get the owner’s name, address, and homeowner’s or renter’s insurance information. Most homeowner policies cover dog bite liability up to policy limits. If the owner refuses to provide information, note their refusal and get their vehicle license plate or other identifying details.
Do Not Sign Anything from an Insurance Company: Insurers will often contact you within days offering a quick settlement. Do not accept. Do not sign a release. These early offers are designed to close your claim for far less than it’s worth, often before you know the full extent of your injuries.
Contact an Attorney Before Making Statements: Insurance adjusters will ask for recorded statements. They’re looking for any opening to reduce or deny your claim. Speak with an attorney first. Bradford Pelton PC offers a free consultation to review your situation and explain your options before you make any statements that could hurt your case.
Common Defenses Dog Owners Use (And How We Overcome Them)
Even under strict liability, dog owners and their insurers try to avoid paying. The most common defenses:
“The victim provoked the dog.” Provocation is a valid defense under Colorado law, but it has to be real provocation — not just walking past the dog or reaching out to pet it with permission. We gather witness statements and video footage to show you were acting reasonably.
“The victim was trespassing.” Strict liability only applies if you were lawfully on the property. But “lawfully” has a broad definition — it includes mail carriers, delivery drivers, guests, and anyone with implied permission to be there. We establish that you had every right to be where you were when the attack occurred.
“It wasn’t really a bite / the injuries aren’t that serious.” Insurers love to minimize injuries. That’s why medical records, photos, and expert testimony matter. We document the full scope of your injuries and their long-term impact.
“The dog has never bitten anyone before.” Irrelevant under Colorado’s strict liability statute, but it comes up constantly. We explain the law to the insurer and, if necessary, to a jury.
Why Local Representation Matters for Dog Bite Cases in Colorado Springs
Dog bite cases involve multiple areas of law — strict liability, premises liability, comparative negligence, and insurance coverage disputes. They also require familiarity with local procedures: where to file reports, how to request animal control records, which local ordinances apply to dangerous dogs in different municipalities around El Paso County.
That’s why Bradford Pelton PC focuses on serving clients in Colorado Springs, Fountain, Monument, Security-Widefield, and the surrounding communities. We know the local courts. We know how El Paso County Animal Services investigates attacks. We know which property owners in the area have faced prior complaints and how to find that history.
Attorney Alex Kerr personally handles every case. You’re not passed off to a paralegal after the initial meeting. You’re not one of 200 files sitting in a stack. When we take your case, we see it through — from the first consultation to the final settlement check or jury verdict.
Understanding your options shouldn’t cost you anything when you’re already dealing with medical bills and trauma. That’s why we offer a free consultation to every potential client. We review the facts, explain your legal rights under Colorado law, and lay out a clear path forward.
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This article is for informational purposes only and does not constitute legal advice. Every case is different. Contact Bradford Pelton PC for a free consultation to discuss your specific situation.
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Frequently Asked Questions
Who is liable when a dog bites on someone else’s property?
The dog’s owner is strictly liable under Colorado law regardless of where the bite occurs. The property owner can also be held liable under premises liability law if they knew or should have known about a dangerous dog on their property and failed to take reasonable precautions to protect visitors. Landlords and property managers can face liability when tenant dogs attack other tenants or guests in common areas.
Is it worth suing for pain and suffering after a dog bite?
Yes. Pain and suffering damages compensate you for the physical pain, emotional trauma, and reduced quality of life caused by the attack. This is especially important when the bite leaves permanent scarring, requires reconstructive surgery, or causes lasting anxiety and fear around dogs. These damages are separate from your medical bills and lost wages, and they can represent a significant portion of your total recovery.
What makes dog bite injury claims difficult to prove?
Under Colorado’s strict liability statute, you don’t need to prove the dog was dangerous — the bite itself establishes liability. The challenge comes when the dog owner claims you were trespassing or provoked the attack, or when a property owner denies they knew about the dangerous dog. Strong documentation — photos, witness statements, animal control reports, and medical records — makes these defenses much harder to sustain.
How long do I have to file a dog bite lawsuit in Colorado?
Colorado’s statute of limitations for personal injury claims, including dog bites, is three years from the date of the attack. If you miss this deadline, you lose your right to pursue compensation, no matter how severe your injuries. That’s why it’s important to consult with an attorney as soon as possible after the bite occurs.
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