A Denver Dog Bite Lawyer Can Handle the Legal and Insurance Issues
A dog-bite claim requires more than proof that an animal caused an injury. The investigation must identify the dog’s owner, determine who controlled the animal, document how the attack occurred, and locate insurance that may cover the loss.
Born & McCaffrey Injury Law handles dog bites and animal attacks as part of our personal injury practice. Our firm can:
- Obtain animal-control reports, medical records, photographs, and witness statements.
- Investigate prior bites, complaints, threats, and aggressive behavior.
- Review leash requirements, rental agreements, and homeowners’ association rules.
- Identify homeowners, renters, or other liability insurance.
- Calculate medical expenses, lost income, future care needs, scarring, and other losses.
- Negotiate with insurers and prepare the case for trial when necessary.
Colorado Dog Bite Law Imposes Strict Liability for Certain Injuries
Colorado law may hold a dog owner responsible for qualifying injuries even when the animal had never bitten anyone before. Colorado Revised Statutes Section 13-21-124 establishes strict liability when a dog bite causes a severe injury or death while the injured person is lawfully on public or private property. A severe injury generally involves a serious permanent disfigurement, a long-term loss, impairment involving a body part or organ, or a substantial risk of death. Deep wounds, nerve damage, fractures, permanent facial scars, and injuries requiring reconstructive surgery may satisfy that standard, depending on the medical evidence. Strict liability means that the injured person does not have to prove that the owner knew the dog was dangerous. An owner cannot automatically avoid responsibility by claiming that the dog had always been friendly or had never attacked anyone. The statute does contain exceptions. A statutory claim may be affected when:- The injured person was unlawfully on the property.
- The property contained a legally sufficient warning sign.
- The injured person knowingly provoked the dog.
- The dog was working as a police or military animal.
- The injured person was performing certain professional duties involving dogs.
- The dog was performing specified hunting, herding, farming, ranching, or predator-control work.
The One-Bite Rule Differs From Strict Liability
Colorado does not require every injured person to prove that the dog previously bit someone. The traditional one-bite rule concerns whether the owner knew or should have known that the animal had dangerous tendencies. A previous bite is not the only evidence that can establish notice. Relevant warning signs may include:- Lunging or snapping at visitors.
- Chasing pedestrians or delivery workers.
- Escaping from a yard or enclosure.
- Growling or acting aggressively around children.
- Prior animal-control complaints.
- Warnings from neighbors, tenants, or property managers.
- Requirements that the dog wear a muzzle.
- Previous violations of apartment or association rules.
Homeowners or Renters Insurance May Cover the Claim
Liability insurance often provides the primary source of compensation after a dog attack. A homeowner’s or renters’ policy may cover injuries caused by the policyholder’s dog, although exclusions, coverage limits, prior incidents, and policy language can affect the result. The attack does not always have to occur inside the owner’s home. Some policies provide coverage when the dog bites someone on a sidewalk, in a park, at another residence, or elsewhere. The policy must be reviewed before anyone assumes that an off-property attack is excluded. Insurance can also matter when the dog belongs to a friend, relative, neighbor, or member of the injured person’s household. Pursuing a claim generally means requesting coverage from an insurance company rather than demanding that someone personally pay every loss. An insurer may still attempt to limit payment by arguing that:- The policy excluded the dog or its breed.
- The owner failed to disclose the animal.
- The dog’s history triggered an exclusion.
- The injured person provoked the attack.
- The injuries were less serious than claimed.
- Medical treatment was unnecessary or unrelated.
- Another person or property owner was responsible.
Denver Leash Violations Can Support a Negligence Claim
A leash violation may provide evidence that the dog owner failed to maintain reasonable control. Denver pet care ordinances generally prohibit owners or keepers from allowing dogs to run at large in public areas outside authorized off-leash locations. The location of the attack affects the analysis. An investigation should determine whether the bite occurred:- On a sidewalk or public path.
- In an apartment hallway or lobby.
- Inside a fenced or unfenced yard.
- Near an open gate.
- In a designated dog park.
- In a shared condominium area.
- On commercial property.
- At a private residence.
HOA and Rental Rules May Establish Prior Notice
Apartment, condominium, and homeowners association records may show that a dangerous condition was reported before the attack. Leases, pet addenda, association declarations, and community rules often regulate leashes, common areas, pet registration, fencing, and aggressive animals. Relevant records may include:- Resident complaints about growling, chasing, or lunging.
- Notices concerning an unsecured gate or damaged fence.
- Warnings were issued to the dog owner.
- Requests that the animal be removed.
- Reports of earlier attacks or near misses.
- Emails between management and residents.
- Pet applications and vaccination records.
- Security footage from entrances, elevators, or hallways.
The Value of Your Potential Settlement Depends on the Injury, Evidence, and Coverage
No responsible attorney can determine a claim’s value from a photograph alone. A dog bite settlement in Colorado depends on the medical consequences, available legal theories, strength of the liability evidence, insurance limits, and the effect of the injury on the individual. Factors that may influence value include:- Emergency care, hospitalization, and surgery.
- Infection or complications.
- Nerve, tendon, muscle, or joint damage.
- Permanent facial or visible scarring.
- Loss of motion or physical function.
- Future medical treatment and scar revision.
- Lost wages and reduced earning ability.
- Psychological treatment and trauma symptoms.
- The injured person’s age.
- The effect on work, education, and daily activities.
- Evidence of prior aggression or ignored warnings.
- Leash, fencing, rental, or HOA violations.
- Available insurance limits.
- Disputes concerning provocation or lawful presence.
Born & McCaffrey Provides Direct Attorney Access
Clients work directly with the attorneys handling their cases. Born & McCaffrey Injury Law does not pass clients off to case managers or legal assistants as the primary point of contact. Michael Born and Peter McCaffrey provide individualized strategies based on the evidence, the client’s injuries, and the insurer’s position. We prepare cases for trial because thorough litigation preparation may strengthen negotiations and provide a path forward when an insurer refuses a reasonable resolution. Michael Born has represented more than one thousand injury victims, litigated hundreds of court cases, tried cases in counties across Colorado, and handled appellate proceedings. We are affiliated with the Colorado Trial Lawyers Association, and our attorneys have been recognized by The National Trial Lawyers Top 100. Peter McCaffrey speaks fluent Spanish.Call the Denver Dog Bite Lawyers With Born & McCaffrey Injury Law for a Free Case Review
A serious dog bite can lead to medical bills, lost income, visible scars, restricted movement, and lasting emotional harm. Born & McCaffrey Injury Law can investigate the attack, identify applicable insurance, evaluate each potential defendant, and prepare the evidence required for negotiations or trial.
Please call (303) 800-6996 or contact us online for a free case review. A dog bite lawyer Denver residents can work with directly will explain legal options, answer insurance questions, and determine the next step based on the specific facts.
Frequently Asked Questions About Denver Dog Bite Claims
How long do I have to file a dog-bite lawsuit in Colorado?
Colorado generally provides two years to file a lawsuit based on a dog bite or related negligence. Exceptions may shorten or extend the deadline in limited circumstances. Insurance negotiations do not extend the filing period, so an attorney should promptly confirm the applicable date.Can I recover compensation if the dog never bit anyone before?
Yes. Colorado’s strict-liability statute may allow economic damages for a qualifying serious injury even when the dog had no documented bite history. Evidence of earlier aggression may still support a negligence claim and recovery for losses.What happens if the owner accuses me of provoking the dog?
An accusation of provocation does not automatically defeat the claim. The evidence should establish what occurred, whether the conduct was intentional, how the dog reacted, and what witnesses or video show. Children and adults may also be evaluated differently based on their actions and understanding.
ATTORNEY MICHAEL BORN
Michael has represented well over a thousand injury victims in his career. He has litigated 500 court cases. He has tried cases in counties all over Colorado. He has briefed and argued appeals in the appellate courts. This experience ultimately led to him leaving the big firm life to form Born & McCaffrey in order to provide a more client centered and personal representation than a large law firm is able to provide. [ ATTORNEY BIO ]
Born and Mccaffrey did a spectacular job handling my case. I was completely unequipped to handle anything of this sort on my own and Michael did an amazing job at communicating to me what exactly was happening during each step of the process while making sure I was well prepared. I feel so much better having this all behind me and can’t thank the firm enough for their countless hours of work and negotiation on my behalf. — A. Hernandez
I recently had the opportunity to work with my attorney on a car accident case, and I am incredibly impressed with the outcome. Overall, I would highly recommend my attorney Peter to anyone in need of legal assistance for a car accident. Their professionalism, dedication, and knowledge made a challenging situation much more manageable, and I am grateful for their hard work and commitment to my case. — V. Cano
Mr. Born has been great with my case from the first phone call! Very knowledgeable and prompt when returning calls with answers to my questions. I never felt like I was just another case; he provided individualized care and gave me the information I needed to know the next steps to assure the best result for my injuries! — J. Cruz
I had an accident about almost a year ago and the fault insurance didn’t want to pay the entire bill. It’s been amazing working with them I really didn’t have to worry about a thing. Got everything settled and didn’t have to pay anything out of my pocket. Thank you very much to these gentleman!! — A. Gomez
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