Can a Dog Walker Be Held Liable for a Dog Bite on Their Watch?
Key Takeaways:
Under Colorado’s strict liability dog bite laws, a dog’s owner is typically held legally responsible for injuries caused by their dog, even when the dog was under the care of a dog walker at the time of the attack. However, a dog walker may also be held liable if their negligent actions – such as violating leash laws, ignoring owner safety instructions, failing to control the dog or using improper equipment – contributed to the bite. In these cases, injured victims may pursue compensation from both the dog owner and the dog walker, which can be especially important when insurance coverage is limited. Proving dog walker liability requires evidence of negligence, causation and damages, making prompt documentation and legal guidance critical after a dog bite incident.
The large number of dog owners in the Denver area has led to a strong demand for dog walkers. Many dog walkers have developed busy, lucrative businesses through word of mouth, and there are even several apps, such as Wag! and Rover, that can help you find someone to provide these services.
Anytime a dog is in public, there is a risk that something might happen to trigger a dog bite attack. This is true even for the friendliest dogs. If you’ve been bitten by a dog under the care of a dog walker, you may be wondering who is responsible for any injuries you suffered. Fortunately, Colorado’s dog bite laws clearly establish who should be held liable in these situations.
The Dog’s Owner Is Usually Held Liable
Colorado has strict liability laws for dog bite cases. This means the owner is generally held responsible for any injuries caused by their dog, regardless of whether the owner was negligent or the dog has a history of aggression. These strict liability laws extend to situations where someone else was primarily responsible for the dog at the time of the attack. So even though the dog was in the care of a dog walker and the owner wasn’t present, you can still file a claim to recover compensation from the dog’s owner.
The Dog Walker May Also Be Held Liable in Certain Situations
While the dog’s owner will generally be the primary party responsible for your damages, there are situations where you may also be able to hold the dog walker liable. If the dog walker’s negligent actions contributed to the dog bite attack, then they may be held partly responsible in addition to the dog’s owner.
Some common scenarios where you may be able to hold the dog walker liable include:
- The dog walker ignored the owner’s safety instructions, such as when they failed to use a muzzle or leash as directed
- The dog walker let the dog run off leash in a place where a leash is legally required
- The dog walker failed to warn you about the dog’s known bite history or dangerous tendencies after being told about them by the owner
- The dog walker failed to control the dog in public by letting it lunge at people passing by instead of maintaining a safe distance and strong physical control
- The dog walker failed to properly secure leashes, collars, gates or other equipment intended to protect the safety of others nearby
In these situations, you can generally file a dog bite lawsuit against both the dog’s owner and the dog walker. Keep in mind that Colorado’s strict liability laws will hold the dog’s owner primarily responsible, even when they weren’t present. The negligent actions of a dog walker will simply provide the ability to have a secondary party to hold liable. This can be very important in the event that the dog’s owner doesn’t have homeowner’s or renter’s insurance, or when they are underinsured. Many dog walkers will have business liability coverage, which can provide important supplemental compensation in situations where their negligence contributed to the attack.
Proving Dog Walker Negligence
In order to prove a dog walker was negligent, you’ll need to establish the following legal elements:
- The dog walker had custody/control of the dog at the time of the attack and owed a duty to use reasonable care in handling it
- The dog walker breached that duty by committing one or more of the negligent actions discussed above
- The dog walker’s negligent actions directly caused the dog bite and the ensuing injuries
- You suffered monetary damages as a result of the attack
It’s also important to provide evidence that helps you establish the legal elements discussed above. Some potential types of evidence you can use to effectively demonstrate dog walker negligence include:
- Photos or videos from the scene prior to the attack showing the dog off-leash or the dog walker allowing the dog to approach people closely without control
- Statements from eyewitnesses who saw the dog walker act negligently, lose control of the dog or ignore warning signs that the dog may be prone to aggression at the moment
- Animal control or police reports documenting violations committed by the dog walker, such as leash law tickets, or describing the dog walker’s actions in a way that indicates negligence occurred
Pushchak Law Can Help
If you’ve been the victim of a dog bite attack, Colorado’s strict liability laws provide you with robust legal protections. At Pushchak Law, we can make sure your rights are protected and you recover the compensation you deserve.
Brian Pushchak has made dog bites a primary focus of his practice. He understands the Colorado laws that govern these cases, and he understands how to hold a dog walker liable when their negligent actions contributed to the attack. This specialization will give you the edge you need when seeking to maximize the value of your compensation by helping you leverage all potential avenues to recoup the costs you incurred. This is especially important in situations where a dog owner lacks sufficient insurance to fully compensate you for your damages.
You’ll benefit from Mr. Pushchak’s Informed Decisions™ Approach focused on helping you achieve the best possible outcome to your case. This unique approach keeps you in control of your case the entire time by providing you with all the information necessary to understand your legal rights and empowering you to express your preferences regarding the strategy used in your case. After listening to your goals for the outcome of the case and explaining your options to you in detail, Mr. Pushchak will recommend the best course of action to achieve your desired outcome. But you will always have final say in how we handle your case, ensuring we’re always aligned with your best interests throughout the process.
Contact us today to schedule a free consultation. Pushchak Law serves clients in Denver and the surrounding areas of Colorado.
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