Colorado is one of the stricter states in the country when it comes to dog bite liability — a dog owner doesn’t get a free pass just because their dog “never did that before.” Here’s a plain-language rundown of how liability works under Colorado’s dog bite statute.
Is Colorado a strict liability state for dog bites?
Yes. Under CRS § 13-21-124(2), a person who suffers serious bodily injury or death from a dog bite while lawfully on public or private property can recover economic damages from the dog owner — regardless of whether the owner knew the dog had ever been aggressive before. This is different from states that follow a “one bite” rule, where a victim has to show the owner knew or should have known the dog was dangerous. One important limit: strict liability under this statute only reaches economic damages (medical bills, lost wages) — it does not by itself cover pain and suffering or other non-economic damages, which generally still require proving ordinary negligence.
What does “serious bodily injury” mean under the statute?
The statute borrows its definition of “serious bodily injury” directly from Colorado’s criminal code (CRS § 13-21-124(1)(d), incorporating CRS § 18-1-901(3)(p)): injury involving a substantial risk of death, a substantial risk of serious permanent disfigurement, or a protracted loss or impairment of a body part or organ function. Bites that cause a lesser “bodily injury” — defined in the statute as severe bruising, muscle tears, or lacerations requiring professional medical treatment, or an injury requiring corrective or cosmetic surgery — fall outside strict liability but can still support a claim under ordinary negligence principles.
When is a Colorado dog owner NOT strictly liable?
Strict liability doesn’t apply if the injured person was unlawfully on the property, the property had a visible “no trespassing” or “beware of dog” posting, the victim knowingly provoked the dog, the dog was a working police or military animal on duty, the dog was legitimately working as a hunting, herding, farm, ranch, or predator-control dog on the owner’s property or under the owner’s control, or the victim was a vet, groomer, humane agency staff member, professional handler, trainer, or dog show judge acting in that professional capacity (CRS § 13-21-124(5)). The working-dog exception turns on control of the dog, not control of the property — the Colorado Supreme Court applied the exception even though the dog’s handlers held only a grazing permit rather than owning the land (Robinson v. Legro, 2014 CO 40, 325 P.3d 1053), though a mere grazing permit doesn’t by itself give the permit holder a property interest in the land for other purposes (Legro v. Robinson, 2015 COA 183, 369 P.3d 785). Each of these exceptions has its own factual wrinkles that can make or break a claim.
What compensation can a dog bite victim recover in Colorado?
A strict liability claim under the statute can recover economic damages: medical expenses, lost wages, and future medical treatment costs. Recovering non-economic damages like pain and suffering or scarring and disfigurement generally requires also proving ordinary negligence by the owner (for example, that the owner knew the dog was dangerous and failed to take reasonable precautions) — the dog bite statute itself doesn’t create a free pass to non-economic damages. Colorado courts have also held that a dog owner isn’t automatically liable just because the dog frightened someone into an injury rather than biting them, if there was no foreseeable risk of harm (Lopez v. Trujillo, 2016 COA 53, 399 P.3d 750, aff’d, 2017 CO 79, 397 P.3d 370). What any individual case is actually worth depends entirely on the injuries, documentation, legal theory, and insurance coverage involved — there’s no set formula, and no attorney can promise a specific number before reviewing the facts.
What should I do after a dog bite in Colorado?
Get medical attention, photograph the injury and the scene, get the dog owner’s contact and insurance information if possible, and report the bite to local animal control. Then talk to a personal injury attorney before speaking with any insurance adjuster — early statements to an insurer are often used later to minimize a claim. At Mile High Legal, we represent dog bite victims across the Denver metro area and statewide in Colorado. No past result guarantees any particular outcome in a new case; every case is evaluated on its own facts.
