Dog bites are more common — and more serious — than most people realize. According to national data, millions of Americans are bitten by dogs each year, and a significant portion of those bites result in injuries serious enough to require medical attention. Children and elderly adults are disproportionately affected.
If you or a family member has been bitten or attacked by a dog in Colorado, you may have a legal claim against the dog’s owner. Colorado has one of the stronger dog bite statutes in the country — but understanding how it works is essential to protecting your rights.
1. Colorado’s Dog Bite Statute: Strict Liability
Colorado follows a strict liability standard for dog bites, codified in C.R.S. § 13-21-124. This means that a dog owner can be held liable for injuries caused by their dog without any requirement to prove the owner was negligent or that the dog had a history of aggression.
Under the statute, a dog owner is liable for damages if:
- The dog bit the victim
- The victim was in a public place or lawfully on private property at the time of the bite
- The victim did not provoke the dog
Critically, it does not matter whether the owner knew the dog was dangerous. It does not matter whether the dog had never bitten anyone before. If the dog bit you and you were where you had a right to be, the owner is liable.
2. What the Statute Covers — and What It Doesn’t
Colorado’s strict liability statute specifically covers bites. If a dog knocked you down, jumped on you, or caused injury through an action other than biting, the strict liability standard may not apply — but you may still have a claim under general negligence principles if you can show the owner knew or should have known the dog posed a risk.
The statute applies when the victim was:
- In a public place (a park, a sidewalk, a street)
- Lawfully on private property (a neighbor’s yard, a customer at a business, a delivery person)
It does not apply when the victim was trespassing on private property.
3. The Provocation Defense
The most common defense in Colorado dog bite cases is provocation — the argument that the victim’s actions caused the dog to bite.
Provocation can be intentional (hitting or taunting the dog) or unintentional (accidentally stepping on the dog, startling it from sleep, or approaching it in a way the dog perceived as threatening).
Courts evaluate provocation based on whether a reasonable person would have anticipated that the action might provoke the dog. Unintentional provocation — particularly by a child who may not have understood the risk — is evaluated differently than deliberate aggression toward the animal.
If provocation is raised as a defense, the comparative fault rules discussed below come into play.
4. Comparative Fault in Dog Bite Cases
Colorado’s modified comparative fault rule (C.R.S. § 13-21-111) applies to dog bite cases just as it does to other personal injury claims. If the victim is found partially at fault — for example, for ignoring a warning sign, entering a restricted area, or provoking the dog — their recovery is reduced proportionally.
If the victim is found 50% or more at fault, they are barred from recovery entirely.
This is why it is important not to minimize your own account of what happened. Insurance companies and defense attorneys will look for any behavior they can frame as provocation or assumption of risk. An experienced attorney can help you present the facts in context.
5. What Damages Can You Recover?
Victims of dog bites in Colorado may recover both economic and non-economic damages:
Economic Damages:
- Emergency medical treatment (wound care, surgery, hospitalization)
- Reconstructive surgery and follow-up care
- Physical therapy and rehabilitation
- Lost wages during recovery
- Future medical costs for ongoing treatment or scarring correction
- Costs of psychological treatment for trauma or PTSD
Non-Economic Damages:
- Physical pain and suffering
- Emotional distress and psychological trauma
- Permanent scarring and disfigurement
- Loss of enjoyment of life
- Fear of dogs or other lasting psychological impacts
Dog bite injuries — particularly those involving the face, neck, or hands — often result in permanent scarring that carries significant non-economic damage value. Children who are bitten on the face may require multiple reconstructive procedures over many years, and the psychological impact can be lasting.
6. Reporting Requirements and Evidence Preservation
After a dog bite in Colorado:
- Seek medical attention immediately. Dog bites carry serious infection risk, including the possibility of rabies. Medical treatment must begin as soon as possible — and the medical record begins the documentation of your injuries.
- Report the bite to local animal control. This creates an official record of the incident and may trigger investigation into the dog’s history and vaccination status.
- Identify the dog and its owner. Get the owner’s name, address, and contact information. Ask whether the dog’s rabies vaccinations are current.
- Photograph your injuries at the scene and in the days that follow as bruising, swelling, and wound development evolve.
- Identify witnesses. If anyone saw the attack, get their contact information.
- Do not give a recorded statement to the dog owner’s homeowner’s insurance company without consulting an attorney.
7. Homeowner’s Insurance and Dog Bite Claims
Most dog bite claims are paid through the dog owner’s homeowner’s insurance or renter’s insurance policy. Many standard policies include liability coverage for dog bites, though some policies exclude certain breeds or dogs with a documented bite history.
If the owner has no insurance or insufficient coverage, a personal injury lawsuit may be necessary to recover from the owner’s personal assets.
8. Colorado’s Statute of Limitations for Dog Bites
Dog bite claims in Colorado fall under the two-year statute of limitations for general personal injury claims under C.R.S. § 13-80-102. The clock begins running on the date of the bite.
For bites involving minors, the statute of limitations is typically tolled until the child reaches age 18.
You Have Rights. Use Them.
A dog bite is not just a minor incident — it can cause serious physical injuries, lasting emotional trauma, and significant financial costs. Colorado’s strict liability law gives victims a strong foundation for a claim, but acting promptly and preserving evidence is essential.
If you or your child has been bitten by a dog in Colorado, call Kim Welch Law for a free consultation.
Talk to Kim Welch Law Today
Colorado Springs and Las Vegas/Henderson, NV: (888) 590-5510 Website: www.kimwelchlaw.com
Kim Welch is a personal injury attorney serving clients in Colorado Springs, CO and Las Vegas and Henderson, NV. This blog post is for general informational purposes only and does not constitute legal advice. Contact our office for guidance specific to your situation.