Colorado has strict liability laws regarding dog bites. This means that dog owners face liability if their dog bites or injures someone, regardless of whether the dog has a history of aggression. While these laws aim to protect public safety, some argue they do not go far enough. This article will examine Colorado’s dog bite statute, what it covers, exclusions to liability, and whether the laws effectively prevent attacks and compensate victims.
The Colorado Dog Bite Statute – An Overview
The primary statute governing dog bites in Colorado is CRS 13-21-124. This imposes strict liability on dog owners when their dog bites someone lawfully on public or private property. Key provisions include:
- Owners are liable even if the dog never displayed aggressive tendencies before. A first-time bite still triggers liability.
- The victim must suffer “serious bodily injury” to claim damages. This covers injuries involving a substantial risk of death, disfigurement, organ damage, or broken bones.
- Damages are limited to economic losses like medical bills, lost wages, etc. Non-economic damages for pain/suffering are not available under the statute.
- Owners are not liable if the victim was trespassing, provoked the dog, or is a professional who works with dogs.
The strict liability approach aims to enhance public safety by making owners responsible for managing aggressive dogs. However, some argue it does not go far enough.
Critiques of Colorado’s Laws
While Colorado’s statute imposes automatic liability in dog bites, some see it as inadequate:
- It only covers “serious bodily injury.” Minor bites and attacks do not qualify even if traumatic.
- Damages are confined to economic losses. Victims cannot claim harder-to-quantify non-economic suffering.
- No provisions exist for preventing attacks before they occur. The focus is on compensation after the fact.
- Owners often circumvent consequences by hiding assets or declaring bankruptcy. Victims may win judgments but see little money.
- Nothing requires dogs with repeat aggression to be euthanized. Dangerous dogs can keep biting with minimal repercussions for owners.
Potential Improvements to Enhance Safety
To bolster public safety and deter negligent ownership, experts propose legal reforms like:
- Allowing liability in minor bite cases to motivate early intervention with problem dogs.
- Implementing breed-neutral dangerous dog laws that require secure confinement, muzzling, training, etc. for dogs with repeat aggression.
- Requiring owners of dogs with serious attacks to carry insurance that covers bite-related injuries.
- Applying criminal penalties to owners who fail to control dogs that have seriously injured or killed someone.
- Enacting housing restrictions prohibiting certain breeds with high bite strengths like pit bulls. However, restrictions should be based on evidence, not stereotypes.
- Creating statewide registries of dogs deemed dangerous after formal hearings. Require registration, secure fencing, signage, etc.
- Requiring veterinarians to report dog bites to animal control and public health agencies to identify problem pets and owners.
- Increasing enforcement of leash laws and confinement requirements, with escalating fines for repeat offenses.
- Implementing public education campaigns on dog bite prevention and responsible ownership.
Ultimately, a multilayered approach is needed to promote safety and accountability at the owner, local, and state level.
Examining Other States’ Approaches
To see how dog bite laws could be strengthened, it helps to look at other states’ regulations:
- California applies strict liability but also has a “negligent ownership” law imposing criminal penalties if an owner fails to control a dog with known vicious propensities.
- Florida mandates inspections to ensure adequate confinement and signage for dogs deemed dangerous. Owners must have $100k liability coverage.
- Illinois requires dog bite reports be provided to a state agency to identify patterns. Owners of dogs with repeat bites face fines and confinement requirements.
- Michigan mandates felonies for owners whose dogs seriously injure or kill someone if there was criminal negligence in controlling the dog.
- Texas classifies dogs as dangerous based on behavior, not breed. Owners must register dogs, post signage, muzzle in public, and more.
Colorado lawmakers could look to these examples while crafting legislation appropriate for the state’s unique needs.
Common Dog Bite Injuries
Dog bites can cause mild to severe injuries depending on the size and strength of the dog, the location of the bite, and other factors. Common injuries include:
- Lacerations – Deep cuts and tearing of skin, often leaving scarring even after surgical repair. Bites to the face and neck especially risk disfiguring lacerations.
- Nerve Damage – Bites penetrating deep into limb tissue can sever nerves causing paralysis, loss of sensation, chronic pain, and numbness.
- Broken Bones – Powerful biting forces can fracture bones in the arms, hands, legs and feet. Bites to smaller bones of children often cause fractures.
- Tendon and Muscle Damage – Bites that rip into tendons and muscles can require complex reconstructive surgery to restore function.
- Eye Injuries – Dogs can bite or scratch eyes leading to lacerations, detached retinas, ruptured eyeballs, and permanent vision damage or loss.
- Infections – Bacteria from dog mouths frequently cause infections requiring antibiotic treatment or surgery for wound cleansing.
- Rabies – While rare, bites from rabid dogs transmit this fatal viral disease if post-exposure treatment is not promptly given.
- Psychological Trauma – Dog attacks, especially by uncontrolled, dangerous dogs, can lead to lasting post-traumatic stress similar to that after violent crimes. Children are especially vulnerable.
The extent of injury depends on the circumstances of the attack, characteristics of the dog, and where on the body the victim was bitten. Scarring and disability can result, taking a major physical and emotional toll on victims and families.
Are Breed-Specific Laws Effective?
Some jurisdictions have laws restricting or banning certain dog breeds like pit bulls. However, research increasingly shows breed alone is not predictive of aggression. Rather, factors like training, containment, intact status, and owner behavior determine risk.
Given this, most veterinarians, animal groups, and experts argue laws should focus on individual dogs’ observed behavior rather than make assumptions based on appearance or breed. As the American Veterinary Medical Association states, “breed-specific legislation…compromises rather than enhances public safety.”
Instead of singling out breeds, laws that address training, confinement, supervision, socioeconomic factors, and accountable ownership make communities safer while allowing law-abiding owners of various breeds to enjoy their pets.
Final Thoughts – Where Do We Go from Here?
Colorado’s strict liability statute marks a strong first step in dog bite regulation. However, as other states have shown, more expansive laws can further mitigate risks. With a data-driven approach and emphasis on prevention, Colorado lawmakers could continue strengthening protections for both people and pets.
If you have suffered injury or lost a loved one in a preventable dog attack, contact our experienced injury attorneys today. We will fight to hold irresponsible owners fully accountable while advocating laws that promote greater public safety for all. With compassion and dedication, we can help you find justice and prevent similar tragedies.
We have 32 offices across 19 states, including Colorado, Illinois, and Kansas, and are waiting to take your call. Phone us today for a free consultation on (888) 477-0597.