Colorado Dog Bite Remedies
Strict Liability for Serious Dog Bites in Colorado
A sudden dog attack leaves you juggling medical care, missed work, and a maze of questions. Colorado’s strict liability statute exists so victims with severe injuries are not left to prove negligence before their bills are paid. Here’s how to use that protection, and when you still need broader premises or negligence claims to be made whole.
Colorado’s strict liability rule in plain English
Colorado imposes strict liability on the dog owner when a bite causes serious bodily injury or death and the victim was lawfully on public or private property.[1] The statute expressly limits recovery in that scenario to economic damages: medical expenses, lost earnings, rehabilitative care, and other measurable costs, and it applies whether or not the dog had ever shown aggression and regardless of the owner’s prior knowledge.[1]If the victim or their representative can also prove the owner knew the dog was dangerous, the court may order the animal euthanized at the owner’s expense.[1]
What counts as “serious bodily injury”?
The statute borrows the criminal code definition: serious bodily injury is harm that involves a substantial risk of death, a substantial risk of serious permanent disfigurement, a substantial risk of protracted loss or impairment of any body part, or breaks, fractures, penetrating knife or gunshot wounds, or second- or third-degree burns.[2]Lesser “bodily injury,” defined in the dog bite statute as severe bruising, muscle tears, skin lacerations requiring professional treatment, or injuries requiring corrective or cosmetic surgery, does not trigger strict liability by itself.[1]When an injury sits on the line, gather ER imaging, surgical reports, and specialist opinions early to document the statutory elements.
Who is a “dog owner,” and when are you “lawfully” on the property?
“Dog owner” is defined broadly; it covers anyone owning, possessing, harboring, keeping, or having a financial or property interest in the animal, as well as anyone with control or custody of the dog.[1] Victims qualify as lawfully present when they are performing duties required by law (for example, mail carriers), visiting with express or implied permission, or standing on their own property.[1] These definitions matter when multiple parties manage a rental home, construction site, or commercial space where the bite occurs.
Economic versus noneconomic recovery
Because strict liability is confined to economic damages, it does not automatically cover pain, emotional distress, scarring, or loss of enjoyment of life.[1]Colorado law labels those intangibles as “noneconomic loss,” including pain and suffering, inconvenience, emotional stress, and quality-of-life impairments.[3]To reach noneconomic damages, or to pursue claims when the injury is not “serious,” you must plead additional theories such as negligence or premises liability. The statute explicitly preserves those parallel causes of action.[1]
Common defenses and how to rebut them
Colorado’s statute gives dog owners several defenses: trespassing, clearly posted “no trespassing” or “beware of dog” signage, provocation, law enforcement or military use, professional handlers performing their work, and working dogs engaged in hunting, herding, farm, ranch, or predator-control duties on or under the owner’s control.[1]Counter these defenses with scene photos, delivery records, and witness statements that show you were invited, performing a lawful task, or nowhere near warning signs. For working-dog claims, scrutinize whether the animal was truly on-duty and under the owner’s direct control.
Criminal exposure and public safety remedies
A serious bite can also trigger criminal charges for unlawful ownership of a dangerous dog: bodily injury is a class 2 misdemeanor, serious bodily injury is a class 1 misdemeanor (and a felony on repeat), and death is a class 5 felony.[6] Criminal restitution orders can help cover economic losses, and the victim’s civil counsel should track that case for admissions, records, and insurance information—start with our Colorado dangerous dog law overview to understand the parallel proceedings.
Deadlines and comparative fault still matter
Most dog bite suits must be filed within two years of the injury, so calendar the limitations clock as soon as hospital discharge paperwork arrives.[4]If you pair strict liability with negligence or premises claims, expect the defense to raise comparative negligence. Colorado reduces damages by the plaintiff’s share of fault and bars recovery at 50 percent fault or higher.[5]Early evidence collection about leash laws, property maintenance, and victim conduct keeps you ahead of those arguments.
Build your case methodically
- Gather medical and surgical records that describe fractures, nerve damage, or functional loss to prove statutory “serious bodily injury”.
- Document the scene using photos, video doorbells, delivery routes, and signage to show lawful presence and knock down statutory defenses.
- Track every economic loss in a spreadsheet (hospital bills, pay stubs, assistive devices) and share it with the Colorado settlement calculator to keep valuation ranges current.
- Layer in negligence or premises liability claims when you need noneconomic damages or when the injury narrowly misses the “serious” definition—our negligence playbook walks through that strategy.
- Coordinate with criminal prosecutors for restitution orders, witness contact information, and dog-control outcomes.
- Use the Colorado dog bite hub to line up statutes, calculator prompts, and follow-on guides.