Attorney Representation in Denver, Colorado Since 1987

Denver Personal Injury Attorney  

If You Have Been Bitten

It is important to identify the animal that bit you, because if it is a stray and you cannot identify it, you're facing the possibility of having to submit to treatment for rabies, which can be painful. Also, if you were attacked by a dog or any wild animal being kept by a person, you probably are entitled to receive compensation from the animal's owner, and you might really need that compensation to pay your medical bills, reimburse you for lost income, and help you overcome the pain and suffering from your injuries.

1. Get the name and address of everyone who saw the attack, heard the attack, as well as the owner of the animal.

2. Get Medical Attention.

3. Photograph the wounds even if this is not done until you get to the hospital.

4. Photograph the wounds after treatment is rendered and during the healing process.

5. Photograph the scene of the attack with a camera and video.

If MORE THAN ONE DOG was present during the attack, and the dogs are owned by more than one owner, and no one can identify, with absolute certainty, the dog that bit the victim, special urgent steps must be taken:

Do not permit the dog to be destroyed until DNA analysis can be done.

• Preserve any clothing that may have saliva from the dog on it.
• Ask the physician to photograph and take precise measurements of the wounds before treatment is given.
• Ask the physician to do an in-depth evaluation of the damage to tissue and bone (if damaged in the attack).
• Finally, Contact Scott Baroway for a free, no obligation, consultation.

Colorado's New Dog Bite Law

House bill 04-1279

13-21-124. Civil actions against dog owners.

(1) as used in this section, unless the context otherwise requires:

(a) "bodily injury" means any physical injury that results in severe bruising, muscle tears, or skin lacerations requiring professional medical treatment or any physical injury that requires corrective or cosmetic surgery.

(b) "dog" means any domesticated animal related to the fox, wolf, coyote, or jackal.

(c) "dog owner" means a person, firm, corporation, or organization owning, possessing, harboring, keeping, having financial or property interest in, or having control or custody of, a dog.

(d) "serious bodily injury" has the same meaning as set forth in section 18-1-901 (3) (p), c.r.s.

(2) a person or a personal representative of a person who suffers serious bodily injury or death from being bitten by a dog while lawfully on public or private property, shall be entitled to bring a civil action to recover economic damages against the dog owner regardless of the viciousness or dangerous propensities of the dog or the dog owner's knowledge or lack of knowledge of the dog's viciousness or dangerous propensities.

(3) in any case described in subsection (2) of this section in which it is alleged and proved that the dog owner had knowledge or notice of the dog's viciousness or dangerous propensities, the court, upon a motion made by the victim or the personal representative of the victim, may enter an order that the dog be euthanized by a licensed veterinarian or licensed shelter at the expense of the dog owner.

(4) for purposes of this section, a person shall be deemed to be lawfully on public or private property if he or she is in the performance of a duty imposed upon him or her by local, state or federal laws or regulations or if he or she is on property upon express or implied invitation of the owner of the property or is on his or her own property.

(5) a dog owner shall not be liable to a person who suffers bodily injury, serious bodily injury, or death from being bitten by the dog:

(a) while the person is unlawfully on public or private property;

(b) while the person is on property of the dog owner and the property is clearly and conspicuously marked with one or more posted signs stating "no trespassing" or "beware of dog";

(c) while the dog is being used by a peace officer or military personnel in the performance of peace officer or military personnel duties;

(d) as a result of the person knowingly provoking the dog;

(e) if the person is a veterinary health care worker, dog groomer, humane agency staff person, professional dog handler, trainer, or dog show judge acting in the performance of his or her respective duties; or

(f) while the dog is working as a hunting dog, herding dog, farm or ranch dog, or predator control dog on the property of or under the control of the dog's owner.

(6) nothing in this section shall be construed to:

(a) affect any other cause of action predicated on other negligence, intentional tort, outrageous conduct, or other theories;

(b) affect the provisions of any other criminal or civil statute governing the regulation of dogs; or

(c) abrogate any provision of the "colorado governmental immunity act", article 10 of title 24, c.r.s.