States generally have two approaches to dog bites: they either follow a rule of “strict liability” or one of “negligence.” Colorado is unique in that it uses a mix of these two approaches.
For example, when a dog bite leads to a serious injury or death, a “strict liability” rule applies to the case to hold the owner of the animal liable. Under the theory of strict liability, a pet owner does not need to know their pet was dangerous to be legally responsible for the injuries it causes. Colorado law determines that the following constitutes a serious bodily injury:
A substantial risk of impairment or permanent disfigurement.
A substantial risk of death.
Fractures, breaks, or burns in the second or third degree.
Substantial risk of loss of function of any body part or organ.
Additionally, an owner will only be strictly liable for a dog bite’s victim’s injuries when the victim is lawfully on public property when the attack occurs. You may not be able to file a dog bite claim if you were trespassing on someone else’s property.
On the other hand, when a dog bite does not lead to serious or life-threatening injury, negligence rules apply. In this case, a victim of a dog bite must show that the owner failed to exercise reasonable care with regard to the animal, and this negligence directly led to injury.
Negligence claims also apply outside of dog bites. For example, if a dog knocked over a person and caused injury, he or she may seek damages in a negligence claim.