Who is liable if a dog bites me in Colorado?

1. Liability Standard

Colorado is a hybrid state. C.R.S. § 13-21-124 imposes strict liability for "serious bodily injury" or death from a dog bite. For lesser injuries, common-law scienter or negligence applies.

2. Statutory Elements (Serious-Bodily-Injury Strict Liability)

Plaintiff must show: (a) defendant owned the dog; (b) the dog bit the plaintiff; (c) the bite caused serious bodily injury or death; and (d) plaintiff was lawfully on public or private property.

3. Common-Law "One-Bite" Doctrine

For lesser injuries, plaintiff must prove scienter — that the owner knew or should have known of dangerous propensities — or negligence (e.g., leash-law violation).

4. Trespasser Defense

The statute exempts owners when the victim was unlawfully on the property or was a veterinary professional, dog groomer, or trainer.

5. Provocation Defense

Provocation bars recovery. The statute also exempts owners whose dogs were working as hunting, herding, farming, predator-control, or police dogs.

6. Comparative Fault

Colorado's modified comparative-fault rule (C.R.S. § 13-21-111) bars recovery if plaintiff is 50% or more at fault.

7. Landlord Liability

Landlords are generally not liable absent actual knowledge of the dog's vicious propensities and the ability to remove the dog.

8. Homeowner's Insurance

Colorado homeowner's policies typically cover dog bites; breed exclusions are common.

9. Damages

Economic damages only under the strict-liability statute. Non-economic damages (pain and suffering) require common-law negligence/scienter showing.

10. Criminal Liability

Under C.R.S. § 18-9-204.5, owners of dangerous dogs that cause serious injury or death face Class 1 misdemeanor or Class 5 felony charges.

This is legal information, not legal advice.