Legal options when a dog bites and injures someone
If you own a dog, you know there is always that little dance that happens when your dog meets another dog. They sniff, they bark, they try to play – sometimes they get a little scared. Something that always lurks in the back of your mind is the unfortunate reality of what might happen if your beloved pooch bites that dog – or its owner. Or you’re bit by the other dog. It’s something you never want to consider, because most people just love dogs.
Depending on where you live, state laws can affect the outcome of your case. There are various laws related to dog ownership and liability for dog bites, and there are also some defenses that a dog owner can raise in response to a lawsuit.
Since we’re in Colorado, let’s take a look at that particular statute.
Colorado’s dog bite law
Colorado Revised Statute 13-21-124 covers dog bites and states that a dog’s owner (not a walker or handler, mind you – just the owner) may be held responsible for any injuries if:
- The dog bites a person who was lawfully on the owner’s public or private property at the time of the bite; and
- The bite resulted in serious bodily injury or death.
After a dog bite, the owner usually says, “My dog isn’t aggressive! He’d never hurt anyone!” Well, tell that to the letter carriers in Denver, where it ranks as one of the worst cities for dog attacks.
It also does not matter if the owner took reasonable care to restrain the dog, like keeping it leashed or behind a fence. All that matters is whether someone was bitten, and how badly. This means it is a “strict liability” statute, not a “negligence” statute – i.e., intent has nothing to do with it. You don’t need to prove that the dog had vicious tendencies or had a propensity to bite. The dog bit someone – end of story.
Note that it says “bitten,” not just “injured.” Some dogs are quite large and can cause a significant injury without even biting. Colorado’s statute specifically applies to dog bites, so if a dog attacks a person by charging her like a bull at a rodeo, but does not bite her, that person would likely not have a claim. That individual might have a claim for negligence instead, but not a claim under the dog bite statute.
Either way, these claims would both fall under the personal injury umbrella, so the plaintiff would have two years from the date of injury to file a claim.
Additionally, the dog bite statute only allows recovery for economic damages, such as medical bills and out-of-pocket expenses. If the plaintiff wants to try recovering non-economic damages, such as pain and suffering, he or she will have to attempt a different approach.
The plaintiff could try arguing “negligence per se.” This is if someone fails to follow a law or ordinance clearly intended to prevent harm, like a speed limit or a traffic code. An example here would be a standard leash law meant to keep dogs from biting others while walking in a park. If a dog wasn’t on a leash when it attacked someone, the dog’s owner would be found negligent of violating the leash law.
Of course, there is always a “however” in these sorts of situations. In Colorado, there is the ability for the plaintiff to argue that the dog had a propensity to bite, and therefore the owner “knew or should have known” that the dog was dangerous – in which case, the plaintiff can attempt to recover full damages. This was discussed in the Colorado Supreme Court case Barger v. Jimerson, and the Court stated that:
"There is no evidence in this case that the dog in question had ever bitten anyone before, but its ferocious and violent nature as daily exhibited to many people, especially the neighbors, was such as to put prudent people on guard to prevent a possibility of attack on human beings.... Moreover, the fact that defendants kept the dog confined is persuasive in concluding that they considered it unsafe for the dog to be at large." (130 Colo. at p. 463.)
Criminal penalties in Colorado for dog bites
If a dog bite is bad enough, an owner might end up facing criminal charges as well as civil penalties. This is when that animal is found to be a “dangerous dog,” which has:
- Caused bodily injury, serious bodily injury, or death to a person or pet;
- Has been trained for or engaged in animal fighting; or
- Has demonstrated aggressive tendencies that would lead a reasonable person to believe that this animal would cause bodily injury or death to a person or pet.
You, as the owner, commit a crime under C.R.S. 18-9-202.5 if you are the owner of a dangerous dog. If the animal causes injury, you might face a misdemeanor. If the dog causes death, that will be raised to a felony. You will also have to register and retrain the dog – if retraining is impossible, the animal might have to be euthanized.
Consequences for the owner can include fines, jail time, restitution and more.
Are there any defenses in a dog bite claim?
There are several defenses against a Colorado dog bite claim, such as:
- The person who was injured was trespassing on private property when he or she was attacked by the dog;
- The property was clearly marked with signs saying “Beware of Dog”;
- The trespasser provoked the dog;
- The dog was working as a police or military dog when the bite occurred;
- The injured person was a veterinary health care worker, dog show judge, dog groomer, staff at a humane society, dog handler, etc., when the bite occurred;
- The dog was working as a hunting, herding, farming, ranching, or predator control dog when the bite occurred.
The owner can argue that the injured person was partly or entirely at fault for his or her own injuries. This defense, known as “comparative negligence,” will reduce the injured person’s damages if that individual was partly at fault, and will extinguish them if that person was 50% or more at fault.
How do dog bite claims get paid?
Surprisingly, dog bites are covered by homeowners' insurance.
If you are a victim of a dog bite, it is incredibly important to acquire as much information about the owner of the animal as possible. This is like a car accident, so if necessary, make sure to call animal control to get a handle on the situation. At the very least take a picture of the dog owner's driver's license.
Consider that most dog bites do not happen at houses; they happen on trails or at parks. If you do not have information about the owner, you will not be able to pursue a legal case.
For those who own dogs, make sure to talk to your insurance agent about your animal. Lots of insurance companies refuse to cover certain breeds (pit bulls, unfortunately, are among those likely not to be covered, along with Dobermans, Rottweilers, and sometimes even Saint Bernards, Newfoundlands, and Huskies). You might think you are covered only to find out later that you are not. When that happens, the injured party will pursue an action against you personally.
What should I do if I have been bitten or if my dog bit someone?
Consider speaking with an experienced personal injury attorney who understands these laws. You can tell me more about your dog bite case here.
Curt Cody says
My daughter’s dog bit a fellow hiker at a public park here in colorado springs. The dog was on a leash and she said it she held it tight when they passed each other on a narrow part of the trail. as they passed each other his hand went near the dogs face and the dog nipped his hand. It was not a serious injury per my daughter but there was a scratch that drew blood. The middle aged man “freaked” out, in her words. He told her he was going to the hospital to get it checked out and that she should come to his house later to give him her personal information so she can pay for the “damages”. I guess he did not have the ability to gather the information at the scene. The only information exchanged at the scene was he got my daughters name and my daughter got his phone # and address info (she had he phone, he didn’t. I told her do not go to his house or call him, that she should wait to hear from him. If and when he contacts her, try to settle over the phone, Was my advice correct? What should my daughter do moving forward? Thanks for any advice.
Ian Pisarcik says
Curt,
I think you gave your daughter good advice. There was no reason for your daughter to put herself in a potentially dangerous situation by going to the man’s home. If he felt he needed additional information, he should have called the local police. I would hold tight and wait for the man to contact your daughter. Once he contacts her, I would reach out to an attorney. The attorney can, among other things: (1) make sure there’s medical documentation to support any damage claim he might make, and (2) make sure any settlement agreement between the two parties includes a release of liability (so that the man can’t take your daughter’s money and then sue her a month later claiming that his hand has gotten even worse).
Lynda Dulany says
LGD was caught dragging injured calf away from herd. They decided he had mauled the calf and it had to be killed then called the sheriff and I got a viscious dog ticket how do I defend my dog. This dog disappeared 6 weeks later and I had taken him to my job last year where one of the patients bit my dog on the side of his face my dog didn’t bite the guy back he just hid from the man. We have had him for 6 years and he has been an excellent livestock guardian all this time. Coyotes are a huge part of the landscape out here.
Melissa Gold says
Thank you for sharing your story, Lynda. It’s an excellent question because it sounds like there are several aspects of what’s happening with your dog. Unfortunately, we’d need some more facts about the situation in order to provide more information. We recommend that you write down exactly what happened, and include information about the ticket you received and any other conversations or documents that might be important. You can schedule a consultation with a Colorado personal injury lawyer who can help you navigate the legal system to protect your rights (and your dog). Please feel free to use the Enjuris personal injury lawyer directory to find a Colorado attorney: https://www.enjuris.com/directory/lawyers/colorado/. We hope you’re able to resolve this, and that your dog is recovering!
Roger Haneman says
Today I returned to my car in the Walmart parking lot to discover the man parked beside me on his phone, calling police. He stated that my dog had bit him on the back his shoulder as he walked past the car window. He displayed a large welt with two indentations at the top of it, but no blood showing. Police arrived. Given the narrow space between cars in parking spaces, if his shoulder was above/within the window opening, is the area above my car considered “private property”?
Melissa Gold says
Hi, Roger. Thank you for asking. This poses a few interesting questions. Without knowing the facts of what happened, it’s hard to say who is liable or even whether your car is private property in this context. Since the man claims your dog bit him on the back of his shoulder, it seems like the dog would’ve stuck its head out the window in order to get to him (as opposed to the man putting his arm inside your car, for instance).
However, there’s another factor that could be important. Colorado is one of the states that passed a law prohibiting owners from leaving a dog in a hot car. Although that isn’t exactly related to liability or negligence with respect to the bite specifically, it could influence a jury if the case were to move in that direction. Again, it’s difficult to determine your legal rights and responsibilities without knowing exactly how the bite happened. If the person pursues legal liability for the dog bite, I suggest consulting a personal injury lawyer. Enjuris.com offers a directory of qualified Colorado lawyers who can best advise you in this case. Best of luck!
Michelle says
My daughter has a sweet and innocent German Shepard named Lola. She loves everyone. One day, the chocolate Lab of the lady in the apartment next to hers got off leash and came after Lola scaring her and causing her to be defensive toward that dog. Weeks later, Lola got off lease and went running toward that Lab when the lady claims that Lola bit her in the inner thigh…but my daughter says that her own dog is the one that bit her, not Lola. Lola has never been aggressive toward any person or any dog, not ever. The lady said she wasn’t going to do anything and it was all ok. But they recently received an email with her medical bill for $700 saying my daughter has to pay it. Apparently, the first doctor she went to didn’t do anything except give her a tetanus shot so she got a second opinion and wracked up quite a bill. My daughter is scared to death that Lola could be in trouble if she doesn’t pay that bill, but I told her not to because that would be like admitting that you think Lola is the one who bit her, which she doesn’t believe. What advice would you jive my daughter? Thank you!
Ian Pisarcik says
Michelle,
If your daughter doesn’t believe her dog bit the neighbor’s dog, I wouldn’t recommend paying the medical bills. However, it’s worth noting that under the rules of evidence, proof that someone paid someone else’s medical bills is NOT admissible as proof of liability.
If I were your daughter, I would try to resolve the issue through a friendly conversation with the neighbor (maybe both parties can agree to keep their dogs on a leash, etc.).
It’s always possible that the neighbor will file a lawsuit for the damages if your daughter refuses to pay. At that point, the neighbor would of course have to prove that your daughter’s dog bit her dog. I don’t have enough information to know whether that’s something she can prove or not. If things escalate to that point, you might consider talking to an attorney in your area (though hiring an attorney will likely cost more than $700).
Janet says
While speaking with my neighbor at her fence line, my dog jumped over the fence to play with her dog. Both are intact males and under the age of 2. They got into a fight, the neighbor manually attempted to break up the fight and got bit. It is not clear which dog bit my neighbor.
I have been been given a citation, is this standard? Is my neighbor pressing charges? Do I have any defense in court?
Thank you
Ian Pisarcik says
Janet,
Colorado is a strict liability state, which means you’re liable for dog bites regardless of whether your dog has shown any signs of violence in the past.
I’m not sure what citation you’re referring to, but dog bite cases are generally civil cases. There are no criminal penalties unless your dog is considered a “dangerous dog.” Your neighbor could certainly sue you for damages. If this happens, you can argue that your neighbor provoked the dog or that your neighbor was partially at fault for the damages.
If you have more questions, I’d recommend contacting an attorney in your area.
Nicole says
While taking the dogs out for the end of night wee, my GD/collie mix bolted out the door prior to securing a leash and ran after another dog in a public green area outside the apts. while no yelling came from the other dog, yelling definitely came from it’s owner. The owner took the dog and ran away once my dog was contained. My dog has never been aggressive towards anyone or any other dog. I’m was unable to verify whether the other dog was okay and no luck in finding the owner after the accident. I have no idea what to expect, I’m freaking out thinking my dog will get taken from me. What should I expect to happen, if anything was to happen at all? Can the owner do anything is there was no bodily harm to the other dog?
Lindsay says
Are hospitals or Dr.’s required to call the cops even if it’s your own dog that bites you? Our brand new 8 week old lab puppy and my husband and son were on the ground playing and the pup nipped at my sons face at the same time he rolled away resulting in my son needing a few stitches above his eye. Anyways the cops were called and a report was filed for a dog attack and now our pup is on a 10 day quarantine. It just doesn’t seem right, seems like they should be able to differentiate between an actual dog attack and an accident with a very young puppy. (The responding officer was very kind and I think he thought the situation was a little silly)
Ian Pisarcik says
Nicole,
Try not to worry. Even if your dog injured the other dog, your dog can’t be taken away from you if it doesn’t have a history of aggressive behavior (and even then only after a hearing). Colorado is a strict liability state, so if your dog injured the other dog, the owner could file a lawsuit against you to collect damages. Of course, the owner will have to prove that your dog caused the damages-and this could be difficult to prove, especially since the owner ran away rather than confronting you.
Brady says
My 5 year old was bitten by a dog in an outdoor store in Colorado as we were visiting from Texas. The signs in the store said to feed the dog and let the dog. There was another dog behind a dog gate. My son approached the dog and was bitten. No signs up anywhere. The owner stated, “I probably should have put this one away”. We left quickly to get my son out of the presence of the dog. He was extremely upset. Our pediatrician requested we take him somewhere to get antibiotics started. It drew blood but was not serious. We went back to the store a little later and they were shut down and a sign was up saying to give that particular dog space. Should we take action? Would it be worth it?
Kay says
I owned a pit bull in 2013, for 3 months. I then got rid of him. Six years later, my sister has moved my step dad in with her who just so happened to have the dog. The dog was brought to her residence. Short time later, I was asked to house the dog temporarily due to the roommate not wanting a dog there. I agreed to a temporary situation. Less than 2 months later I had to leave state. I asked if the dog could go back to the owner at my sisters house. She agreed and the dog was taken. While I was gone, the dog had apparently bit a child my sister was watching. We were not there at the time. Now we are being sued for this.
A:The dog is not owned by us
B:The accident didn’t happen on our property
C:The child, I knew nothing about
I have all texts that show proof of this arrangement and also a recording of the owner stating how long he’s had the dog, etc. They are trying to say I own the dog.
Should I take this through the insurance company? Or private attorney? And if my insurance denies liability, can they still go after me?
Melissa Gold says
Hello, Kay. I’m sorry this happened, and I hope the child who was bitten is doing well. Without knowing the exact arrangement, I can’t say who would be the legal owner of the dog. My suggestion is to contact an attorney for a consultation. The attorney will review any correspondence between you and any other relevant parties, along with the other circumstances, and help you determine whether you bear liability for the bite. Please feel free to use the Enjuris lawyer directory to find an attorney near you who’s best able to advise you based on your state laws. Best of luck.
Melissa Gold says
Hi, Brady. First, I’m so sorry that this happened to your child. In response to your asking whether it’s “worth it” to pursue action against this store, my question is whether the injury caused you financial loss. In other words, it sounds like your child had a physician visit and antibiotics, and the issue is how much that cost you. The store should’ve been more conscientious about keeping a potentially dangerous animal away from patrons or visitors, but the main premise of personal injury law is to restore a plaintiff to the financial condition they would be in if the injury hadn’t happened. So, for example, if your son required surgery or expensive ongoing treatment, that might cost you a lot of money and you could seek to recover those costs. But if the treatment didn’t come with a hefty price tag, there’s not much to be gained. I’m so sorry that your child was upset (I can certainly understand how scary it must’ve been for all of you), but the legal system is unlikely to offer you recovery if his injuries were minor in this instance. Certainly, if you wish to seek legal counsel, an attorney might provide additional options. If you’d like to seek the assistance of a Colorado lawyer, please feel free to use the Enjuris lawyer directory to find one who can help.
Kala Baca says
My dog cleared the fence today while being let out, we usually let him out to run for thirty minutes at a time so we did not notice he had jumped until animal control showed up. He did bite another dog and animal control gave me a ticket with a court date. I am currently in shambles because I am afraid that they will take him away. He is a puppy still (a very large puppy) and he is going to training. He hasn’t shown signs of dog aggression, he actually plays along the fence line with a small white dog all day. I just am afraid that they will take him.
John says
A few days ago I was hiking in Staunton State Park. A man and his leashes dog approached me. I could see the dog was very “active” so I asked the man to keep him on a short leash while I passed. I asked him twice and he refused both times. He started arguing that the dog just wanted to sniff me and wouldn’t hurt me. Rather than prolong this senseless discussion, I stepped off the trail, into the snow, and told him to pass. After they were past, the dog lunged backward at me, having 6’ of leash to play with. I instinctively held up my hiking pole to try to block the attack. The owner said I tried to poke his dog. .he walked back toward me and shoved me backward, with both hands to my shoulders. Later, talking with Park authorities, I learned that the owner was only obligated to use a 6’ leash, it was my responsibility to back at least 6’ off the trail, even though he had stated the dog only wanted to sniff me. Additionally, Staunton Park says dogs are visitors to the park too, and have a RIGHT to sniff you. You MUST submit! Are their any attorneys out there who can straighten out these laws for me? I’ve been bitten, chased by packs of loose logs, spit at, had rocks thrown at me……
Mr_Roboto says
While I was out of town, my sister was watching my golden retriever mix at her place. While out on a walk, my dog bit and broke the skin of a smaller dog that ran up to them from a neighbors house. From what I was told, the other dog was not on a leash but was in its owners yard. I do not want to make my sisters life more difficult so I paid the Vet bill for the other dog. Understandably, the owners of the other dog are/were quite upset but I do not feel that my dog was 100% at fault. In the future we will take take steps to make sure this does not happen again. From a legal point of view who was at fault? What could we have done differently?
Thanks,
Ian Pisarcik says
Kala,
What must be proven in order to take your dog depends on what laws your county has in place (in most cases, it takes more than a single bite). If you’re concerned, consider reaching out to an attorney in your area to represent your interests at the hearing.
Jenelle Maree Burrier says
My parents have two chihuahuas one is a service dog my mom has a TBI the other is in training they have signs up saying beware of dog well to make a long story short my parents let the dogs outside to go potty they go out and sit on the porch and drink coffee I’ve seen this too my parents have always seen the neighbor lunge at both dogs squirt them with the hose yell at them my moms dog who is the service dog barks and walks away the one in training growls and barks well the neighbor ended up sticking his fingers through the chain link fence and poking at the dogs well he got bit by the one in training my dad went up to the fence to make sure he was ok it was just a small cut I think it was more from him jerking his fingers from the fence. The neighbor told my dad it was my fault but he turned around in an hour and was telling my dad I may have to go to the hospital. My mom is terrified I told her the dog was in her yard he admitted to his fault and they have signs saying beware of dog do my parents have to worry?
Melissa Gold says
Hello, Jenelle:
Your parents might be able to offer the defense that the neighbor was provoking the dog, but it’s hard to say without knowing all the facts. It sounds like it was a small cut, so hopefully it won’t result in a more serious injury. If the neighbor contributed to his own injury by sticking his hand through the fence, that might also be a defense. If he does sue your parents, they should find a personal injury lawyer who can help them to defend against his claims. You can find a listing of Colorado lawyers in the Enjuris law firm directory. I hope your parents are able to work through this issue smoothly!
Clifford Ingham says
I was walking my girlfriends dog who is registered to her and another dog came through a picket fence and snapped at my girlfriends or ex-girlfriend now dog and my ex-girlfriend’s dog reacted and did the other dog and would not let go and did not obey any of my commands nobody was around to help me I was trying to get The dog to release by hitting it or putting my fingers in his mouth and pushing down on his tongue I called my girlfriend it took me a half an hour to unlock the dog from the other dog now I am being called to trial and have a possible lawsuit and my ex girlfriend is claiming that she is not liable for what the her dog Has done to the other dog it was locked onto there were no witnesses and the owner finally came out the house after a half an hour I am wondering am I liable for her dog causing damage to another dog?
Ian Pisarcik says
Clifford,
Under Colorado law (Colorado Revised Statute 13-21-124), only the dog’s OWNER is liable if their dog bites another dog. Unless you did something to encourage the dog to bite the other dog, you’re not likely to be liable.
Ian Pisarcik says
Colorado has a “strict liability” dog bite statute. This means that the owner of a dog who bites a PERSON is liable, regardless of the circumstances. However, the statute does not extend to dog-on-dog attacks. As a result, you are only liable for the dog bite if the owner of the injured dog can prove that you were negligent. The owner might be able to prove this if your dog was unleashed or if you knew your dog was violent and nevertheless took him for a walk in a crowded area.
From the facts you provided, it’s unlikely that the owner of the injured dog could prove that you were negligent (i.e., at fault).
Brandi says
My exhusband’s dog has bit both our children in the face. The first bite was on my 8 year olds nose and it broke the skin but she did not require medical attention. The second bite was on my 12 year olds face and did require a trip to Urgent care.
Animal control was called yet they never looked at either of the children!
My Ex’s story has changed a couple of times so I have no idea what the truth is!
The first time he said he didn’t see what happened the second time he said our son was picking up the dog and it bit him , third time there was food involved and my son states that he never picked up the dog but was talking to him in a deep playful manner close to him and the dog turned and bit him.
As a dog owner of this had been my dog i would have gotten rid of my dog without hesitation! He is refusing to get rid of the dog.
He agreed that our oldest’s injury is severe yet says his house his rules and the dog is staying.
We share 50/50 custody but coparenting doesn’t exist.
I feel having the dog stay in the home is 100% dangerous and negligent when it comes to our children’s safety.
Any advice!?
Melissa Gold says
Hi, Brandi. I can imagine how stressful it is to be always wondering if your children are safe when they’re with another caregiver. It sounds to me as though this is an issue to bring to your Family Court lawyer or the children’s court-appointed representative. If their dad is unconcerned about their safety with respect to the dog, I’d be concerned about other ways they might be unsafe while in his care. Please contact the lawyer or court that handles your custody arrangement and express your thoughts to them.
Megan says
I was walking my sister’s dog and he was acting completely fine during the walk. When we started to get close to the house a man was walking on the road in front of their house. I tried to walk the dog around the man to get to the drive way, but the dog pulled me across the road and bit the man. The dog ripped his shirt and had 2 pretty good scratches from the dogs teeth which were slightly bleeding. My sister gave him her number, but we didn’t receive his number. Can the man press charges?
Megan says
Something I wrote doesn’t make much sense from what I just posted. Me and the dog were walking right in front of my sister’s house when the dog bit him.
Ian Pisarcik says
Thanks for the comment.
You don’t have to worry about criminal charges in this situation. The man could, however, file a civil lawsuit against the dog owner for any medical bills he accrued. In this case, it doesn’t sound like the man would have much in the way of medical expenses and therefore he’s unlikely to sue successfully.
Ian Pisarcik says
Thanks for the clarification.
Concerned mom says
Yesterday my 17 year old son and his friend were walking our dog. Out of nowhere these two unleashed pit bull come towards them. Knowing what was about to happen my son stepped in front of my dog. The dog went behind knocked my dog over and proceeded to bite her and would not let go. My sons friends was able to keep the other dog away. My son had to punch and kick the dog to get it off. He did. It get injured. A younger girl came running over saying those are her dogs. A few minutes later the owner comes driving up to get the dogs. Of course she said the dog is nice and never has done this. She’s had the dog since November and he’s about 4. She said she has no idea how they got out. But then said she thinks the other dog has learned how to open the screen door. My dog had to go to the emergency room. She suffered 3 bite wounds and the bill was $600. My son is an emotional wreck. We filed a police report and they asked us if we want to press charges. I have don’t know what to do.
Ian Pisarcik says
Sorry this happened to you. Colorado has a one-bite statute, which means it doesn’t matter whether the dog has never showed any signs of aggression. If you’re bit, the owner of the dog is liable. In your case, the dog bit another dog and therefore you would have to show that the owner was negligent (i.e., that they failed to properly restrain their dog, etc.).
Ian Pisarcik says
Unfortunately, dog bites are required to be reported to the state health department in Colorado. Hopefully the dog has not been violent in the past and nothing more will come of the report after the quarantine.
Jan says
I was out for an evening ride on my bike. I was on the public trail behind my house here in Colorado. I yelled out on your left and a man and young boy turned around and moved to the left with their three leased dogs. I passed on my bike and one of the dogs tore into my leg. Shocked I was able to get back home on my electric bike before I passed out. At the ER, I had w-ray, pain meds, T-dap and antibiotics… it is a deep puncture and crush injury according to the doctor. Where do we go from here without being egregious?
Melissa Gold says
Hi, Jan. I’m sorry that happened and I hope you have a quick recovery. The question I have is whether you have any way to identify the man with the dogs. If not, there’s probably not much you can do (unless you’re able to find witnesses who can identify him). I know you’re trying not to be litigious, so if you can find the person and work with him to have your hospital expenses covered, that would be ideal. You should also make a report to your local animal control department because it’s important for them to keep a record on this dog in case it’s a danger to others.
However, if there’s no way to figure out who the owner of this dog is, you can’t do anything to hold them responsible. You might wish to report the incident to animal control anyway, though, because they might be interested in more closely monitoring the bike trail to prevent this from happening again. Again, best wishes — I hope you’re doing okay!
Michelle says
5 weeks ago I was skating with friends when an unleashed dog ran up and bit my calf. My expenses were $1100. I filed a complaint with code enforcement to document the incident. The dog owner has accepted full responsibility but I have not yet asked for an amount from him. I still have a hole in my leg. Tonight (5weeks after the bite) we were skating again and the same dog came charging at us (off leash) again. Both my friend and myself dropped to the ground to act submissive and somehow the dog did not bite. I couldn’t breathe or stop shaking for quite awhile. I am very angry that he has not learned to put his aggressive dog on a leash. I’m worried that myself or even worse a child could be attacked. I’m not sure what to do or how much to ask for damages from this horrible person.
Melissa Gold says
Hi, Michelle. I’m sorry that happened to you. If the dog attacked you in the past and code enforcement or the animal control department has it on record, the dog should be deemed dangerous and should be restrained from being allowed to run after people on public property. You can call your local animal control unit or law enforcement to let them know that the dog isn’t being restrained properly.
As far as your injuries from the earlier bite are concerned, a dog bite can be covered by the owner’s homeowners’ insurance policy. You can make a claim for the $1,100 you spent for medical treatment, though now that you’re 5 weeks out from the injury, it might be more difficult. If you need a lawyer, you can try the Enjuris law firm directory to find someone near you who can help with your claim.
Michael Scott says
We had a property manager come to our leased house for an “surprise” showing with new potential tenants. My dog has never bitten anyone or anything in her life, but was nervous when they came down to our living area. She ran up and barked pretty defensively however never jumped or “attacked.” The property manager emailed a what I would call threatening email, advising if she had bit, there would be “regretful consequences.”
Are these ground I should be prepared for?
Thank you
Melissa Gold says
Hello, Michael. I can understand your landlord’s being nervous about showing your house if it seems like your dog might attack (but fortunately didn’t). I would politely respond to the landlord and ask if they would please let you know ahead of time if they’ll be bringing potential tenants by so that you can be prepared to keep the dog at bay. Then, do your part and either keep the dog outside if that’s possible, restrain the dog in a specific area, or do something else (chew toys, treats, or whatever works) that you know distracts your dog and makes it so that strangers can enter your home. You definitely don’t want your dog to bite someone; that won’t end well. But asking for enough notice that you can take care of the dog ahead of time is reasonable.
Mekeilla S Baker says
(we live in an apartment complex) So my neighbors dog WILLOW got off leash this morning. She ran down the stairs and showed dominance and showed aggression towards another smaller dog initially picking her up and shaking her… The fight was quickly broken up. After that we exchanged a few words of misunderstanding. The bigger dog WILLOW, just moved into a new apartment this week and hasn’t had any time to adjust.. the people who witnessed it called the cops but no cops came. 3 hours later We also saw the smaller dog again and her owner get home from “the vet” . She pulled her dog out of the car and the dog was walking and without a cone. Her dog seemed fine and walked home without any problems.. She wanted to take a picture of Willow stating that animal control has been called.. but her dog didn’t visibly have any injuries and ALSO did not want to tell me weather her dog was fine or not.. WILLOW is now on a 10 day SELF quarantine. where should my neighbors start next?
Thank you.
Why have leash laws? says
My adult daughter was walking our dog in our neighborhood. A much smaller dog bolted across the street with no owner in sight. My daughter held onto the leash and attempted to move the dog away from the oncoming smaller dog. She yelled out for someone to come get their dog. The smaller dog continued and ended up being bit by our dog. There are leash laws in our area and the smaller dog was not on a leash. My daughter was not able to get the dogs apart until a neighbor helped. When the two dogs were finally separated the smaller dog was injured badly and subsequently passed away. I have since been given a summons to defend my dog from a potentially dangerous dog charge. My dog was startled and obviously fight or flight could only be fight as he was restrained. The person who helped gave the same account and also stated my dog was not aggressive with him as he picked up my dog. What are my options in defending my dog. It is a very sad thing another animal died, but I don’t know what law I broke or why this is my dogs fault. He was protecting himself and my daughter. He reacted strongly, but only after the smaller dog came at him and my daughter. I thought leash laws were put into place to protect against things like this. I don’t blame either dog, I am very frustrated with the owners who let their dog run in the neighborhood.
Ian Pisarcik says
Under the Colorado “dangerous dog” statute, a dangerous dog is a dog who kills a domestic animal. To that end, your dog is considered a dangerous dog (even though your dog’s actions may have been understandable). If the court determines that your dog is a dangerous dog, they can order you to keep your dog on a leash while out in public (which shouldn’t be a problem since it sounds like you already do that).
Under Colorado’s civil liability statutes, the owner of the small dog probably won’t be able to recover damages from you for the death of her dog. This is because damages are not available if the injured dog “provokes” the other dog – which appears to be the case here.
Stevie says
My dog had a coming together with a UPS driver this morning, It was not on my property and the dog was on a leash. The dogs Rabies inoculations are up to date.
The dog jumped up on him and scratched him, Now the driver said the dog bit him, the injury on the back of his hand which broke the skid but wasn’t enough to bleed, looked entirely like a scratch rather than a typical puncture type wound from a bite, semantics maybe, I’m not sure if its relevant I suppose it was still “an attack”
The dog was / is playful and has no history of biting, I’m terrified that I’m getting a visit from the Sheriff’s K( department to cart the dog away.
What’s the best thing to do ?
G. Michael says
A few weeks ago we had an incident where my 4 year old yellow lab bit another dog through our fence. On the other side of our fence is a sidewalk with about a 4-5 foot easement of grass separating the fence from the sidewalk. As my dog was outside in the yard, a woman walking her dog allowed the dog to walk up to my fence. Unbeknownst to me, the fence picket was partially damaged and as the dog approached, my dog, in a bit of excitement, broke the picket out and was able to interact with the dog. Apparently, the other dog got bit and the owners called animal control. We actually have video of the incident, which we gave to animal control, but they are arriving today to issue us a citation. I guess my question is what can we expect to come of all this? Our dog is a sweetheart who has never been aggressive and plays well with other dogs. I think he just became protective when the other dog approached the fence. Thank you for any answers.
mateo smith says
I’m watching my sisters two dogs at our apartment. I was letting them out to use the bathroom, when this guy from our building walked by and nudged one on the dogs that was on the sidewalk. The dog turned and growled at him, just growled and I yelled his name and he sat down. The kept walking and said I need to control my dogs and was being extremely rude. I told him he was fine. He then claimed that the dog bit his leg, I said he didn’t because I was watching the whole thing. He then said he should call the cops, I said do whatever you want. He then got in his truck and left. He never showed me a bite mark or anything. The dog is not aggressive, I’ve never had any issues watching the dog or letting him play with my 2 year old. What would happen if he does call the cops?
Jack Black says
Hello,
We live in a condo that borders right next to a trail and unfortunately there are homeless camps further down the trail which is a narrow dirt trail with both sides of the trail it has knee height grass. My daughter was walking my dog outside on a short leash ten feet or so in to the entrance of the trail from where the condo property ends to where the trail begins. She was facing east letting the dog sniff around when this homeless lady sneaks up directly behind them and bumps into my daughter, not even saying excuse me to alert she was there so my kid could get out of the way, my dog then reacts to her and bites her leg. I am pretty sure this whole thing could have been avoided had she said excuse me and allow my daughter to get out of the way to allow her to pass instead of bumping in to my kid and provoking the whole situation.
She yells and curses at my daughter, So my daughter comes rushing back home and lets us know what happened. The homeless lady calls for an ambulance and a fire truck to come, they treat her for whatever wound she has I do not know if it was even bad or not, didn’t seem like it because I have her on camera walking fine and she denies a trip to go to the hospital for further treatment. SO my question is what kind of liability could I be looking at since she was the one in my eyes mostly to blame for being negligent, if my kid had eyes on the back of her head or if the lady announced excuse me or something this could have easily been prevented, but instead here we are and I am asking for advice on a blog. I believe common sense would dictate you see someone facing away from you with a medium sized dog or any sized dog for that matter on a narrow path you would want to say excuse me or announce you are near to avoid a situation like this.
I am frustrated with the whole situation. I feel like the dog was doing its job because the homeless lady bumped into my kid and that caused a reaction from the dog. The dog is a kesshond, they are very friendly dogs.
Neil says
I have had issues w/ a neighbor across the parking lot where occasionally each of us turned blind corner and were with in 6 some feet of one another. Dogs barked at each other and the other dogs owner attempted to kick my dog the first time and then the second time kicked my dog. last year my dog jumped out of the car and ran up to the lady and her dog and barked at them never getting w/in 5 feet until she kicked my dog again. i tried to rectify the situation to no avail and just tried to keep distance. all seemed fine up until last month when my dog jumped out of the car again and the same situation occurred. my dog again got kicked and again no bites or scratches. i retrieved Abbie and i followed her back to the car during which she was off leash and was photographed off leash. we have a ticket w/ summons now. My wife and I have owned her for four years, taken her to trails and dog parks over 300 times a year w/ no issues ever. does Abbie have any chance of being determined not dangerous? I have posted fliers w/ her picture asking what experiences people have of Abbie asking if she was threatening or dangerous, and asked neighbors the same. Everyone’s response is no. will these attempts have any bearing on the situation?
Marleys mom says
My puppy bit my neighbor when he entered our home. The bite was treated at our local ER by cleaning it and using 1 stitch to help close the wound. We are paying for the medical bills. The hospital did not ask about the dog at all, so we as the owners had to report the bite to the local animal control. In CO, I understand the hospital should be mandatory reporter’s, but they failed to do so. I am getting ready to pay the medical bill, but could their lack of reporting give me an avenue to negotiate the bill with them?
Paul hilton says
I just got a DANGEROUS DOG CHARGE not worried the dog that got bit, attacked us before the incident and cause some injury. It’ll never go to trial. I am trying to petition to get my dig out of the impound. I have paid COST OF CARE for a month. But before I pay more before our court date. I would rather pay a lawyer.
Andria says
Our pup slipped out of our apartment tonight and had a run in with a neighbor dog. The dog latched onto ours and has some serious wounds and my husband was bit by their dog. She tried to get away from the dog but since it was latched onto her she couldn’t. Their dog has minor wounds. Do we need to be concerned about having our dog taken? Can our apartment make us get rid of her? Our pup is young. Only a year old. She is an ESA and in training currently to get her service dog certification
Michele Nelson says
El Paso County Colorado
Our son stopped to visit our house this last weekend on his way to Kentucky. His dog was in our yard when a neighbor pulled up and got out of her car, his dog bit her. We have told our neighbors to let us know when they are coming to the house as we have a working cattle ranch with numerous ranch dogs. We have beware of dog signs as well as no trespassing signs posted all over our property. What can we expect next.
Michele