Our Colorado Dog Bite Attorneys Discuss Defending Against Criminal and Civil Charges
Our criminal defense dog bite attorneys are experienced in defending against both municipal and state allegations
Coloradans love their dogs; for many, dogs are loyal companions, adventure buddies, and beloved members of the family. Unfortunately, those loyal buddies sometimes react to a situation where they feel scared or threatened by biting someone or another dog. Therefore, Colorado dog owners must understand our state’s dog bite law and how it might impact them in the event their pet injures someone.
It’s also important that in the event your dog does cause harm to a person, or even another dog or other animal, you schedule an assessment right away with an attorney in Robinson & Henry’s Denver, Castle Rock, or Colorado Springs criminal defense practice. Contact us at 303-688-0944 to schedule a case assessment.
Colorado’s Revised Statute for Dog Bites
Colorado’s dog bite statute (C.R.S 18-9-204.5) is a strict liability statute; for Colorado dog owners, this means if your dog bites someone you could be held liable, even if you were unaware that your dog was dangerous, aggressive or capable of the offense and even if you tried to restrain the dog.
Under this statute, you can be held liable if:
your dog bites someone who was lawfully on public or private property at the time, and
if the bite causes:
injury or death to any domestic animal; or,
injury, serious bodily injury or death to a person.
The statute defines bodily injury as “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.” C.R.S 18-9-204.5(2)(a).
A serious bodily injury is defined as “an injury that involves a substantial risk of death, serious permanent disfigurement, loss or impairment of a bodily function or organ, or a break, fracture, or second- or third-degree burn.” C.R.S 18-9-204.5(2)(f); C.R.S. 18-1-901(3)(p).
What it does and does not cover:
It strictly covers only physical injuries covered under the definition of bodily injury and severe bodily injury. Mental or emotional distress would not be covered.
Working dogs, like police or military dogs while performing their police officer or military personnel duties; also exempt are dogs working as a hunting, herding, farm, ranch, or predator control dog on the owner’s property or under the owner’s control.
It does not cover people who are unlawfully on public or private property.
Potential Consequences for Dog Owners
If your dog has bitten someone, you may face criminal charges from the State of Colorado for owning a dangerous dog.
If your dog has bitten someone and you are facing criminal charges, it’s important to speak with an attorney as soon as possible to protect both yourself and your dog. Robinson & Henry’s criminal defense team can help. Contact us to request an assessment.
Colorado Dog Bite Statute of Limitations
The statute of limitations for a dog bite (or other injury caused by a dog) in Colorado can vary. Generally, the statute of limitations for misdemeanor cases in Colorado is 18 months. The statute of limitations for a felony case is three years. That means the State has up to 18 months, or three years from the date of the alleged crime occurring, to file charges against the dog’s owner or caretaker if the prosecution believes said person is criminally liable for the injury. If the State fails to file charges against the owner within the time period allotted, the court can and likely will throw out the case.
Penalties for Owning a Dangerous Dog
Dog owners found guilty of ownership of a dangerous dog face criminal punishment, the severity of which depends on the severity of the injury or damage caused by the dog, as well as the number of times the owner has violated the Dangerous Dog Statute. If the dog causes bodily injury to a person or injury or death to a domesticated animal, the owner could face misdemeanor penalties. If the dog causes the death of a person, the owner could face felony charges, with punishment ranging from steep fines to prison time.
These charges range from a fine of $50 to $750 and/or up to six months in jail for first-time, non-aggravated, non-serious injuries, and go as far as $1,000 to $100,000 and/or one year to three years in prison for injuries that cause death.
Punishment typically always requires the owner to pay restitution. In the case where the dog harms a person, restitution covers out-of-pocket medical expenses, plus any anticipated future expenses. In addition, the victim could file a civil suit against the owner to recoup damages for pain and suffering.
Suppose the dog injures another dog or other domestic animal. In that case, restitution will cover medical expenses or, in the event that the dangerous dog kills a domestic animal, the replacement cost or fair market value of the animal.
Similarly, if the dangerous dog destroys property, the owner will likely pay restitution for the fair market value or replacement value of the property.
Many homeowners’ insurance policies will cover injuries and property damage caused by dogs, even if the policy owner’s dog is at fault, though most exclude dangerous breeds.
Colorado Dog Bite Euthanasia
In addition to the penalties listed above, the Dangerous Dog Statute requires that the dangerous dog be confiscated and placed in a public animal shelter at the owner’s expense.
The dog could subsequently be ordered to be euthanized by a licensed veterinarian if the owner pleaded guilty, was found guilty or entered into a deferred judgment or deferred prosecution agreement of a charge that resulted in:
Serious bodily injury to a person;
Death to a person or domestic animal; or
A second or subsequent violation for the same dog causing bodily injury to a person or death to a domestic animal.
The owner does have the right to appeal the decision and the dog will not be euthanized until the right to appeal is exhausted or the conviction is successfully appealed.
Dangerous Dog Owner Responsibilities
In cases where the dangerous dog does not cause serious bodily injury or death and the dog is not confiscated, the owner is required to take certain precautions to both confine the dog and to register it with the state. Those precautions are:
The dog must be confined in an escape-proof building or enclosure.
The dog must be on a leash when it is outside of the enclosure.
The dog must be muzzled when it’s outside of the enclosure if the owner has been convicted of violating the dangerous dog law more than once.
The owner must report to the Bureau of Animal Protection if the dog escapes, dies or has a change of address.
The owner must have a microchip implanted in the dog by a licensed veterinarian or licensed shelter and the microchipping must be reported to the Bureau of Animal Protection within 10 days of implantation so the dog can be permanently identified. The owner of the dangerous dog pays the $50 microchip licensing fee.
The owner must disclose in writing that the dangerous dog has been the subject of a conviction to any treatment or service provider including, but not limited to, a veterinary health care worker, dog groomer, humane agency staff person, pet animal care facility staff person, professional dog handler or dog trainer.
The owner must disclose to a new prospective owner that the dangerous dog has been the subject of a conviction before a transfer of ownership.
Defenses to a Colorado Dog Bite Claim
Dog bite cases in Colorado are brought under either Colorado’s strict liability statute or as a common-law negligence claim. A dog owner’s defense strategy will depend on which claim type the case falls under.
In a strict liability case, the focus will be on proving the dog owner is not liable. Typically, that means proving one of the following circumstances was in play at the time of the incident:
The dog:
was working as a hunting, herding, farm, ranch, or predator control dog on the owner’s property or under the owner’s control, or
was working as a police or military dog.
The injured person:
was trespassing,
was on the owner’s property and ignored posted signs warning “no trespassing” or “beware of dog,”
knowingly provoked the dog, or
was a veterinary health care worker, dog groomer, humane society staff member, dog handler, dog trainer or a dog show judge who was performing those duties at the time of the incident.
The trespassing defense is used when the injured person was on the dog owner’s property.
If you’ve been charged with ownership of a dangerous dog and/or if you’re facing civil charges as a result of your dog’s actions, it’s important to call a lawyer right away. Given the stakes – steep fines, possible jail time, or even your dog’s life – hiring an experienced attorney who can build a defense based on a clear understanding of the law and knowledge of past cases is critical. Call Robinson & Henry at 303-688-0944 to schedule an assessment with an attorney in our criminal defense practice.
