Dog parks and other dog-friendly areas in Denver and surrounding regions are a common sight. Watching dogs of all breeds and sizes frolicking around happily can be an enjoyable experience. However, dogs are animals and can be unpredictable, which leaves room for dog fights and other unfortunate events.
If one dog attacks another, it raises questions regarding liability, lawsuits, and compensation. Can you sue if your dog becomes the victim of an attack? What happens when a dog injures another dog? Let’s delve deeper into the matter.
What Happens When One Dog Attacks Another?
Colorado law imposes strict liability on dog owners whose pets severely injure a human. They must compensate the victim for medical bills, missed work, and other financial damages. The victim can pursue a personal injury lawsuit to recover damages under this statute.
However, the statute does not extend the same protection to dogs. Dogs are considered property under Colorado law, and property damage laws apply if a dog injures another dog. As such, if your dog suffers harm due to another dog, you need to file a property damage lawsuit to recover damages.
Unlike personal injury lawsuits, property damage lawsuits do not assign strict liability. You must prove that the other dog owner owed you a duty to prevent damage to your property, i.e., your dog, and failed to fulfill that duty. You must prove that the owner’s negligence resulted in damages to your dog.
Additionally, the other dog owner cannot be held legally liable unless certain situations apply. For example, if the dog was previously on the Colorado dangerous dog registry, the owner knew of the dog’s aggressive nature, or the owner violated a leash or confinement law or other local ordinance.
Steps to Take After a Dog Attack
If your dog has been attacked by another dog, there are several steps you should take to protect your legal rights and ensure that your dog receives the necessary medical attention.
- Get Medical Attention for Your Dog: It is important to seek medical attention for your dog as soon as possible. Even if your dog’s injuries seem minor, they could still develop into more serious problems.
- Collect Evidence: Take photos of your dog’s injuries and the location where the attack occurred. Get the contact information of the owner of the dog that attacked your dog.
- File a Report: Contact your local animal control agency and report the dog attack. This will help ensure that the owner of the attacking dog is held accountable for their dog’s actions.
- Contact a Dog Bite Attorney: An experienced dog bite attorney can help you navigate the legal process and ensure that you receive the compensation you deserve.
How Do You Prove Liability?
To prove liability, you must demonstrate that the owner allowed a known aggressive dog, or a dog that previously showed signs of aggression, to interact with your dog–unless the Colorado strict liability statute applies. You must prove that the owner had knowledge of the dog’s aggressive behavior. Unless the owner violated a law, registered the dog on the Colorado dangerous dog registry, or had a previous conviction for a similar incident with the same dog, you may experience difficulty proving liability.
What Should You Do?
If your dog suffers an attack from another dog, and you incur veterinary bills or damage to your property, you may pursue a property damage lawsuit against the owner. You must first determine whether you have sufficient proof that the owner either broke a law or had knowledge of the dog’s aggressiveness. Retaining eyewitness testimony to the dog’s previous behavior or the behavior immediately before the attack can be beneficial. Contacting a Denver dog bite lawyer is also advisable for more information regarding the likelihood of recovering your financial damages.
In conclusion, dog attacks can result in damage to property or physical injury, and Colorado law has specific provisions for compensation. If you face a similar situation, it is essential to understand the law and your options to seek damages for your loss.
