Why minor dog bites follow a different legal track
Colorado uses a dual system for dog bite claims. The strict liability statute delivers economic damages automatically when a bite causes serious bodily injury or death and the victim was lawfully present.[1]Serious bodily injury is narrowly defined, requiring a substantial risk of death, permanent disfigurement, protracted impairment, or breaks, fractures, penetrating wounds, or second- or third-degree burns.[2]If your medical records do not hit that threshold, you cannot rely on strict liability alone and must pursue a traditional negligence action to recover both economic and noneconomic losses.[1][3]
Core negligence elements to prove
A negligence claim requires evidence of four elements:
- Duty of care: Dog owners owe a duty to keep their animals under reasonable control and to protect people who are lawfully present.[1][7]
- Breach: Show how the owner failed to act reasonably, such as ignoring leash rules, allowing the dog to escape, or disregarding warning signs about aggressive behavior.
- Causation: Connect that lapse directly to the bite or related injury, using incident reports, witness statements, and medical documentation.
- Damages: Document medical bills, therapy, missed work, and quality-of-life impacts to prove both economic and noneconomic losses.[3]
Because the burden of proof sits entirely on the injured person, early evidence collection is critical. Secure photos of the scene, the dog, and injuries, and capture contemporaneous notes about pain, anxiety, or disrupted routines.
Leash laws and control ordinances bolster breach arguments
Colorado leaves day-to-day animal control to counties and municipalities, authorizing them to require pets be kept “under control at all times” and to impound animals that are roaming or dangerous.[7]When a local ordinance mandates leashes or voice control, a violation can help establish that the owner breached their duty. Obtain the applicable city or county code section and include it when you send a preservation letter or negotiate with the homeowner’s insurer.
Building knowledge and foreseeability
Strict liability does not require proof of prior aggression, but negligence claims are stronger when you can show the owner knew or should have known their dog posed a risk. Collect prior animal control complaints, veterinary notes about aggressive behavior, or neighbor statements describing lunging, snapping, or other warning signs. Use those records to rebut “first bite” defenses and to justify demands for noneconomic damages such as anxiety, scarring, or loss of enjoyment of life.[3]
Comparative negligence and defenses to anticipate
Colorado’s modified comparative negligence rule reduces damages in proportion to the victim’s fault and bars recovery at 50 percent or more.[4]Expect insurers to argue you provoked the dog, ignored posted warnings, or entered the property without permission. Counter those arguments with delivery logs, invitation texts, or surveillance clips confirming you were lawfully present.[1]
Insurance coverage and settlement leverage
Homeowner’s and renter’s policies typically cover dog bite liability, paying for medical bills, lost wages, and pain and suffering up to the policy limits.[9]Prompt notice to the carrier triggers the duty to investigate and defend the claim. When you send a demand package, include every expense tied to the bite, from urgent care bills to counseling invoices, so the adjuster has a complete damages picture.
Deadlines, tolling, and mandatory reports
Most negligence suits must be filed within two years of the incident.[5] If the injured person is a minor, Colorado tolls the statute of limitations, allowing claims to proceed within the normal period or within two years after the disability ends, whichever is later.[6]Medical providers who treat a bite must notify local health authorities, creating a public record you can request for your file.[8]