Can You Pursue a Claim in Colorado If Your Dog Gets Attacked by Another Dog? Understanding Your Legal Options

When another dog injures your dog, it can be a traumatic experience. As a personal injury lawyer, we do not take dog-on-dog cases unless the dog attacks a human. These types of cases would usually fall under a property damage claim attorney who specializes in these types of cases.

That being said, we do get many calls on the topic at McQuaid Injury Law, and we wanted to provide some helpful advice on the subject to inform someone who has potentially been a victim of this unfortunate event.

In Colorado, the environment is perfect for dog owners and their pets. Despite the scenic surroundings and outdoor lifestyle, incidents involving dog attacks can happen. When a dog suffers injury from an attack by another dog, the owner may want to know about potential legal actions to seek compensation.

Colorado Legal Framework for Dog Attacks

Colorado operates under strict liability laws regarding dog bites. Under these laws, pet owners are liable for injuries or damages caused by their dogs. This applies regardless of whether the dog has shown aggression in the past. These laws typically focus on dog bites involving humans, presenting a different scenario for dog-on-dog attacks.

Key Points on Dog-on-Dog Attacks

When a dog attacks another dog, the injured dog’s owner can potentially pursue compensation. Here are several essential elements to keep in mind:

• Identifying the Attacking Dog’s Owner: One of the first steps in pursuing a claim is determining who owns the aggressive dog. Accurate identification is necessary to hold the responsible party accountable.
• Gathering Evidence: To strengthen a claim, evidence of the attack is vital. This can include photographs of injuries, video recordings, or statements from witnesses who saw the incident occur. Documenting these details can enhance the chances of a successful claim.
• Proving Negligence: In some scenarios, it may be necessary to show that the owner of the attacking dog was negligent. For instance, if the attacking dog was not leashed in an area where leash laws are enforced, this could indicate negligence and support a claim for damages.
• Comprehensive Documentation: Keeping detailed records of all expenses related to veterinary care is crucial. This documentation should encompass all costs linked to medical bills, prescriptions, and other expenses incurred due to the attack. Proper records help substantiate the financial impact of the incident.
• Consulting a Dog Bite Attorney: Navigating the legal landscape of dog attacks can be complex. Owners should consider consulting with a lawyer experienced in handling dog-related cases. An attorney can provide valuable insights into the specific details of the case, helping the owner understand their rights and options.

Economic and Non-Economic Damages

A successful claim may result in two types of damages: economic and non-economic. Economic damages cover tangible costs, such as medical expenses incurred from the dog’s injuries. Non-economic damages, on the other hand, may include compensation for emotional distress experienced by the owner due to the incident.

Economic Damages

1. Veterinary Bills or Medical Treatment Costs: This includes emergency treatments, surgeries, medications, rehabilitation therapies, and any necessary ongoing care for your dog.
2. Property Damage: If your pet’s accessories like a leash, collar, or other belongings were damaged in the incident, these costs can be recovered.
3. Projected Future Medical Expenses: If your dog requires long-term care due to the injuries, future costs can also be included in the claim based on professional veterinary assessments.
4. Loss of Income (if applicable): This can apply if the incident causes you to miss work to care for your pet or handle related obligations

Non Economic Damages

1. Emotional Distress or Mental Anguish: The owner may claim compensation for the emotional toll of witnessing their pet in pain or suffering severe injuries due to the dog bite.
2. Loss of Enjoyment of Life: If the injuries to your dog affect its ability to engage in its usual activities (such as running or playing), it can impact your household’s overall quality of life, possibly warranting compensation.
3. Pain and Suffering: While primarily applicable to the injured party in typical dog bite cases, some animal injury claims may factor in broader distress and the suffering of the pet, which can require detailed legal strategies to include.

Time Considerations

Colorado law imposes a statute of limitations for filing dog bite claims. Typically, injured parties must initiate legal action within two years from the date of the dog attack. Failing to file within this timeframe may result in losing the right to pursue a claim for damages.

Things to remember

While seeking compensation for dog-on-dog attacks in Colorado presents unique challenges, it is feasible with the right approach. Owners must focus on gathering robust evidence, demonstrating negligence, and adhering to the legal timelines. By leveraging the support of an experienced property damage claim attorney, they can navigate the complexities of dog bite laws effectively and advocate for the well-being of their pets.