Legal Implications of Dog Bites on Public vs. Private Property
Colorado is a very dog-friendly state, and it’s common to see people bring their dogs to a variety of places, both public and private. You’re likely to encounter dogs in parks, on hiking trails, at restaurants with outdoor patios, at friends’ backyard barbecues, and many other places you may frequent. While dogs are great companions and usually bring joy to the events they attend, there are times when even the friendliest dogs can be provoked into attacking.
If you’ve been injured in a dog bite attack, you may be wondering who is liable for your damages. You may also be uncertain about whether your case will be impacted by the dog bite occurring on public vs. private property. The following overview will help you understand the legal implications associated with the location of a dog bite attack.
Colorado Law Holds Dog Owners Liable in Public and Private Spaces
Colorado dog bite laws establish strict liability for dog owners. This means that the dog owner is liable for any damages caused when someone is injured by their pet in a dog bite attack, regardless of whether the attack occurred on public or private property. This includes situations where a dog has never previously exhibited aggressive behavior or bitten someone else. In other words, you don’t have to prove the owner was negligent or knew the dog was aggressive to recover compensation after a dog bite attack.
Legal Considerations Impacted by the Location of the Attack
While Colorado’s strict liability laws hold dog owners responsible in dog bite cases on both public and private property, there are certain ways the location of the attack may impact your case.
Establishing Your Right to Be on the Property
In order to recover compensation in a dog bite case, you must be “lawfully present” at the place where you were attacked. There are subtle differences in the way this standard is determined for public vs. private places:
- Public Property – Determining if you’re “lawfully present” is pretty straightforward on public property (parks, streets, hiking trails, restaurants, etc.). You will generally be considered “lawfully present” as long as you’re not violating the law.
- Private Property – You’ll be considered “lawfully present” if you’re on the property with the owner’s permission. In other words, if you’re not trespassing.
Determining Who Is Liable for Your Injuries
The other way that the location of the attack may impact your case involves determining who will be held liable for your dog bite injuries. In general, the dog’s owner will be liable for your damages when the attack occurs on public property, even if the dog’s owner wasn’t present at the time of the attack. Third parties such as a dog walker or property owner/manager will generally not be held liable unless they acted negligently and their negligence contributed to the attack.
When a dog bite occurs on private property, the dog’s owner will also be the primary party responsible for your damages. However, there are certain instances when you may also be able to seek compensation from third parties, such as a property owner. Premises liability law holds property owners responsible for maintaining safe conditions on their property. Therefore, you may also be able to seek compensation from the property owner (in addition to the dog’s owner) if the property owner knew, or should have reasonably known, that a dog on their property had aggressive tendencies and they failed to take reasonable precautions to protect guests. These reasonable precautions might include:
- Restricting the dog to certain areas of the property where others won’t be in danger of getting attacked
- Forbidding the dog from being allowed on the property
Exceptions to Colorado’s Strict Liability Laws in Dog Bite Cases
There are several exceptions to Colorado’s strict liability laws, and these exceptions usually apply regardless of whether a dog bite occurs on public or private property. These include situations where:
- The victim was trespassing
- There is a clear and conspicuous warning sign stating “Beware of Dog” or “No Trespassing”
- The victim was working in a professional capacity with the dog, such as a dog trainer, veterinarian, dog handler or dog groomer
- The dog was deliberately provoked by the victim
- The dog was being used by law enforcement and performing official duties on the property
Pushchak Law Can Help After a Dog Bite Attack
If you’ve been injured in a dog bite attack, you may be entitled to recover compensation for your damages. Pushchak Law can help protect your rights and ensure you receive the compensation you deserve.
Brian Pushchak has made dog bite cases a primary focus of his practice. He understands the way Colorado’s strict liability laws impact your case, and he will help you pursue compensation from any parties that are liable for your injuries. This area of specialization will give you the edge you need when seeking to maximize the value of your compensation.
With Mr. Pushchak’s unique Informed Decisions™ Approach, you’ll remain in control of your case at all times. He created this approach to ensure his clients are able to get the best possible outcome. It involves listening carefully to your goals for your case and providing detailed explanations of your legal rights and options. Mr. Pushchak will answer any questions you have to ensure you understand all of your options. While he’ll recommend the best strategy to achieve your desired outcome, you will always have final say on how your case is handled. This process helps Mr. Pushchak remain aligned with your goals every step of the way.
Contact us today to schedule a free consultation. Pushchak Law serves clients in Denver and the surrounding areas of Colorado.
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