LONGMONT DOG BITE ATTORNEYS

Our Longmont Dog Bite attorneys at Sloat, Nicholson & Hoover, P.C. are here to help you or a loved one who has been injured in a dog bite incident. With decades of experience in personal injury, our attorneys know the path to justice and are ready to fight for you.

Our firm specializes in personal injury law and have extensive experience representing dog bite victims. Our dedicated and knowledgeable staff are ready to help hold the at-fault parties accountable.

How Do You Pursue a Colorado Dog Bite Case in Colorado?

Colorado law provides two options for a dog bite victim to bring a claim against the dog owner: a dog bite statute claim and a dog bite common law negligence claim. The attorneys at Sloat, Nicholson & Hoover, P.C. can review your case and provide guidance on how to proceed.

What is the Dog Bite Statute? How do you make a claim under the dog bite statute?

Under the Colorado dog bite statute, Colo. Rev. Stat. § 13-21-124, the dog owner is strictly liable for the injuries caused by a dog bite. Strict liability means that the owner is responsible whether or not they knew of their dog’s dangerous behavior or predisposition to violence. Only bites are covered by the statute. Other injuries, like being tripped or knocked down by a dog are not covered under this statute.

What Are the Elements of the Colorado Dog Bite Statute?

To bring a successful claim under the dog bite statute, you must prove the following:

1. You or a loved one suffered a dog bite which resulted in serious bodily injury or death;
2. You or a loved one were lawfully present at the location you were bitten;
3. There was no signage noting “beware of dog” or similar sign posted;
4. The dog was not engaged in working, herding, hunting or to control predators on the owners property;
5. The animal is not a police or military dog performing its duties, and;
6. You were not provoking, harassing, or threatening the dog, or dog owner.

While the elements of the dog bite statue are fairly simple, proving a claim under it can often be very complicated. The last thing you want to be thinking about when you are recovering from a dog bite is having to build your case. The attorneys at Sloat, Nicholson & Hoover are dedicated to proving your claim and recovering compensation for your injuries, which will allow you to focus on what matters – healing and rebuilding.

What Injuries Are Covered by the Dog Bite Statute? The specifics and details

What does “serious bodily injury” mean? As outlined in Colo. Rev. Stat. § 13-21-124, “Bodily injury” means any physical injury that results in severe bruising, muscle tears, or skin lacerations requiring professional medical treatment or any physical injury that requires corrective or cosmetic surgery. Or:

• Substantial risk of death or serious permanent disfigurement
• Substantial risk of protracted loss or impairment of the function of a body part or organ
• Breaks or fractures
• Second or third degree burns”,

It is important to note that you must get professional medical treatment for your dog bite injuries. Seeking treatment immediately is very important, as there are numerous vaccines and shots that might need to be given in a short period of time after a dog bite.

You can only recover compensation for a dog bite under the statute if you suffered serious bodily injury or death.

What Damages Are Recoverable Under the Dog Bite Statute?

The Colorado dog bite statute allows a dog bite victim to recover only “economic damages” from the dog owner. Economic damages are direct financial losses resulting from the injury. They include:

• Medical Expenses – including surgery, hospital stays, and doctor appointments
• Future medical expenses, meant to cover any injury related medical care needed long-term
• Psychological counseling costs
• Loss of income and future anticipated income losses
• Loss of earning capability,

The team at Sloat, Nicholson & Hoover will be able to evaluate your case and help identify what damages you may be entitled to recover. Our free initial consultation can help you determine the merits of your claim, contact us here. (insert hyperlink to our submissions page)

Misconceptions about Colorado Dog Bite Claims

“One Free Bite” Rule:

There is a common misconception that in Colorado there is a “One Free Bite” rule, which is part misconception and part myth. This misconception arises from the fact that in some states, if a dog has never bitten someone, the owner is not liable for the first bite. It is important to note, however, that under Colorado’s dog bite statute, the one free bite rule does not apply. The victim of the dog bite may claim economic damages – a lawsuit against the owner for the costs related to the injury. Under Colorado’s strict liability, the dog owner is automatically liable for a serious injury or death caused by their dog.

Colorado Vicious Dog Law

Colorado Revised Statute § 18-9-204.5 makes it a crime to own or control a dangerous dog, which is defined as one that injures or kills a person or domestic animal, or engages in or is trained for illegal animal fighting. There can be criminal penalties if a dangerous dog seriously inures or kills someone. Regardless of whether the owner is criminally charged, the animal can still be euthanized for serious injuries or death.

What is a Dog Bite Negligence Claim?

If you have been in a dog attack, but there were no serious injuries caused by a bite, a negligence claim is a path forward to justice. Negligence is a broad concept. Therefore, many claims that do not meet the requirements of the dog bite statute may fall under the theory of negligence.

What Are the Elements of a Dog Bite Negligence Claim?

Negligence claims are based on general principles of common law and are governed by Colorado case law. Proving a general negligence claim requires that you prove that the dog owner had:

1. Duty of Care: The defendant owed a duty of care to the plaintiff.
2. Breach of Duty: The defendant breached that duty through their actions or inactions.
3. Causation: The breach of duty caused harm or injury to the plaintiff.
4. Damages: The plaintiff suffered actual damages as a result.

What Injuries Are Covered Under a Negligence Claim?

A negligence claim includes any injuries you might suffer from a dog attack; including

• Bruises and Contusions: Resulting from being knocked down or struck by the dog.
• Fractures and Broken Bones: From falling or being forcefully hit by the dog.
• Soft Tissue Injuries: Sprains, strains, and other muscle or ligament damage.
• Scarring and Disfigurement: 
  • Permanent scars or disfigurement from the attack that may require cosmetic surgery.
• Infections: 
  • Infections such as tetanus or rabies from the dog’s bite.
• Emotional and Psychological Injuries: 
  • Post-Traumatic Stress Disorder (PTSD)
  • Anxiety and fear of dogs (cynophobia)
  • Depression and other emotional distress related to the trauma of the attack.

A key difference between negligence claims and a statutory one is that an injury does not have to meet the definitions of “serious bodily injury” as indicated under the dog bite statute, to file a claim for damages under general negligence.

What Damages Are Recoverable Under a Negligence Claim?

Under a negligence claim you, you can recover both economic damages and non-economic damages. Noneconomic damages are those damages that do not have a specific dollar value. They represent compensation for non-monetary losses such as:

• Pain and suffering;
• Emotional distress;
• Psychological harm;
• Loss of enjoyment of life, and;
• Loss of consortium.

Determining the value and amount of these damages can be an intensive and frustrating exercise. The team at Sloat, Nicholson & Hoover are experienced in calculating and advocating for your damages. Don’t go it alone, our attorneys are here for the Longmont community and ready to help those injured in dog bites and attacks.

Punitive Damages

In Colorado, punitive damages are awarded in cases to punish the wrongdoer and deter similar conduct in the future. Punitive damages are rarely awarded and they are typically limited to an amount equal to the actual damages awarded. Colorado Revised Statutes (C.R.S.) § 13-21-102 outlines the conditions under which punitive damages can be awarded.

Contact Our Longmont Dog Bite Lawyers

Our team at Sloat Nicholson & Hoover, P.C. are ready to help you. Contact us for a free case evaluation if you or a loved one has suffered from a dog bite or attack. If we represent you, our team will put you first. We won’t stop fighting to get you the justice and compensation you deserve. Contact us today to learn how our dog bite attorneys in Longmont can help you.