Colorado Dog Bite Lawsuit: What You Need To Know
Dog bites can cause plenty of suffering. Not only will you have to deal with the pain of the bite, but you may also have some pretty large medical bills as well. On top of that, you may be unable to work until the bite heals, which can lead to even more serious financial difficulties.
Fortunately, there is a solution: file a dog bite lawsuit. Dog bite lawsuits don't work in every situation, but they can get you the money that you deserve. That being said, these lawsuits can vary quite a bit from state to state. It is of the utmost importance that you understand the gist of your state's laws before proceeding with a lawsuit, so here are some of the most important concepts that you will need to understand when it comes to filing a dog bite lawsuit in Colorado:
What are the requirements for winning a dog bite lawsuit?
When it comes to dog bites, Colorado takes a more nuanced approach than some other states. There are a variety of factors that will be taken into account, including the severity of your injury.
If you were seriously injured, then you will be dealing with strict liability. If you were not seriously injured, then you will instead be dealing with negligence.
Strict Liability – In this case, the owner is liable regardless of prior knowledge. Even if they had no reason to ever believe that their dog could act aggressively, they will be held liable for the bite. This means that serious injuries will almost always be granted compensation.
Negligence – On the other hand, less serious injuries will force you to prove that the defendant somehow acted negligently. If they knew that their dog was a threat or if they didn't control their dog properly, then they can be held liable. However, if the dog bit you despite the best efforts of the owner and had never bitten anyone before, then you may lose your case.
What if you were trespassing or aggravated the dog?
Unfortunately, your case is pretty much dead if you fall into either of those two categories. If you were not on public property or legally on private property, then the owner cannot be held liable for any dog bites that were sustained.
Similarly, if you acted in a way that clearly provoked the dog, then the owner will not be held liable. This is a rather subjective matter, so it will be up to the court to determine whether or not your actions were actually provocative enough to actually lead to a bite.
For more information, contact someone like Starnes Rob P. LLC, Attorney At Law.