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Keep ReadingBeing bitten by a dog is a traumatic and overwhelming experience. In addition to physical pain, victims often face emotional distress, confusion, and mounting medical bills. You may be unsure of what to do next, worried about potential infections, and uncertain about who is responsible for covering your expenses.
The dog bite lawyers at Bowman Law understand the challenges you are facing, and we are here to help you navigate the legal process and fight for the compensation you deserve. This article explains the damages available in a dog bite case, the factors that influence your claim, and answers common questions you may have when faced with this stressful situation.
Yes, seeking medical attention is crucial. Even minor bites can lead to infections or complications. A healthcare professional can assess the wound and recommend proper treatment.
If the bite is deep, bleeding excessively, involves a broken bone, or is from an unknown dog, you should go to the emergency room immediately for evaluation and treatment. You should be concerned if the bite is deep, continues to bleed, becomes swollen, or shows signs of infection, such as redness or pus. Seek medical attention immediately if these symptoms occur.
Not all dog bites require antibiotics, but a doctor will determine if they are necessary based on the severity of the wound and the risk of infection. Deeper wounds or bites from unknown dogs may require antibiotics as a precaution. This is why it is imperative to seek medical treatment for all dog bites, even if they initially appear minor.
If the bite breaks the skin and draws blood, wash the wound thoroughly with soap and water, apply an antiseptic, and seek medical attention to prevent infection.
Colorado is a “one-bite” state, which means you do not need to prove the dog bit someone previously. Rather, Colorado has a strict liability standard, enacted by the Legislature in C.R.S. § 13-21-24. The statute states a dog owner is automatically liable if their dog causes serious bodily or death to a person lawfully on public or private property regardless of whether the dog had ever previously showed signs of aggression or caused prior injury.
Notice the statute does not state a dog must “bite” someone, but only rather cause serious injury or death. Dog attacks can take different forms. For instance, if a large dog lunges at you and causes you to fall and get injured, the dog owner could be liable. This is true even if the dog did not actually bite you.
The Legislature defines “serious 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.
In Colorado, “serious bodily injury” from a dog bite or attack can include:
A dog owner can also be held liable if there was negligence. This is harder to establish than strict liability. If you can prove negligence, you will be entitled to non-economic damages.
To establish negligence in a dog bite case, you must prove:
Proving negligence in a dog bite case be very helpful. As mentioned, it will entitle you to non-economic damages. Moreover, even your injuries do not meet the definition of “serious bodily injury,” you will have to establish negligence, as the strict liability standard would not apply. If you suffered any of the following injuries, proving negligence can help strengthen your case:
These types of injuries can have long-lasting and emotional impacts. Visible scarring, for example, can be a constant reminder of the trauma and suffering you faced during the horrific attack. Even if your injuries are healed, the emotional impact of a dog bite can last years after the attack. Your dog bite lawyer will help you establish negligence so that you may be compensated for these non-economic injuries.
As discussed, dog bite victims may recover both economic and non-economic damages.
Economic Damages
Economic damages are recoverable simply by establishing strict liability and can include:
Medical Expenses
Lost Wages and Loss of Earning Capacity
Property Damage
Non-Economic Damages
The following non-economic damages can be recovered if you prove negligence:
Even with the relaxed strict liability standard, a dog owner may avoid liability if certain facts are established. Common defenses dog owners use include arguing:
If a dog owner can show any of these facts, you likely will not be able to recover compensation, no matter the severity of your injuries.
If you or a loved one has been bitten by a dog, take the following steps to protect your rights:
The experienced dog bite lawyers at Bowman Law understand the significant physical, emotional, and financial hardships that dog bite victims endure. Knowing the types of damages available, including medical bills, pain and suffering damages, and compensation for scarring and emotional trauma, can help victims navigate the legal process. If you or someone you know has been bitten by a dog, seek legal representation to protect your rights and pursue the compensation you deserve.
Our Colorado dog bite lawyers will walk you through your options, help you understand your case, and obtain the compensation you deserve for your injuries and other losses. Contact us at 720-863-6904 for a free case evaluation and let us assist you. We will guide you throughout the process, fight for your legal rights, and work tirelessly to pursue the maximum settlement you need to recover and move forward. Our office is located in Denver. We serve the Front Range, including Colorado Springs, Boulder, Fort Collins, Westminster, Lakewood, and Aurora.