Who Is Liable for Dog Attacks on Private Property?
People love to socialize with their dogs. They will often bring their dog to barbecues and other gatherings at a friend’s house. Unfortunately, not all dogs are well-suited to this type of socialization and bringing a dog to a party can lead to dog attacks.
When this occurs, who is liable for the damage caused by the attack? The dog owner is almost always liable in these situations, but the property owner might be liable, too.
Dog Owner Is Almost Always Liable
Under Colorado Law, dog bite injuries are a case where strict liability almost always applies. This means that the dog owner is typically responsible for damages when their dog bites someone.
There are a few exceptions, and the ones that are most likely to be relevant include:
- The person bitten was unlawfully on the private property
- There is a clear and conspicuous sign stating “Beware of Dog” or “No Trespassing”
- The person bitten was acting in a professional capacity with respect to the dog, such as a vet, trainer, or dog groomer
- The dog was used by a police officer during their duties
- The person bitten deliberately provoked the dog
Typically, people are on private property lawfully. For example, at a party, all invited guests are considered to be on the property lawfully. However, if the person bitten was a party crasher or otherwise trespassing on the property, the dog owner may not be not liable. This includes someone who was initially invited, but was asked to leave for any reason. If they get bitten after being told to leave, the dog owner can’t be held liable under the dog bite statute in Colorado. They may still be held liable under other theories of liability.
If the property had warnings about the potential for dog bites, then the owner cannot be held liable for injuries under the dog bite statute.
If the dog was being used by police officers, such as if they were serving a warrant and using the dog to search for drugs, then a person bitten could not hold the owner liable.
Finally, any time a person knowingly provokes the dog, the owner can’t be held liable for dog bite injuries. This doesn’t include accidental provocations, especially normal actions that the dog might consider provocative but aren’t taken to make the dog upset.
Situations Where the Property Owner Might Also Be Liable
In addition to the dog owner, the property owner might also be liable for injuries. There are two reasons why this might be the case: a property owner has a responsibility to people on their property, or the property owner might also be considered the dog’s owner.
To a reasonable extent, property owners have a responsibility to keep their property safe for visitors, whether the person is on the property by explicit invitation or in the performance of their duties according to local, state, or federal laws. This is not strict liability. You may have to prove that the property owner knew that the dog was dangerous or otherwise knowingly created an unsafe situation.
Other times, the property owner might also be considered the dog’s owner, too. Colorado law defines the dog owner as: “a person, firm, corporation, or organization owning, possessing, harboring, keeping, having financial or property interest in, or having control or custody of, a dog.” Just having the dog on the property with the owner probably wouldn’t count, but if the property owner sometimes cares for the dog when the owner is away, they might also be considered an owner of the dog.
Can the Property Owner Seek Compensation?
What if someone’s dog gets on your property and bites you, either with or without their owner present? Can you seek compensation?
Yes, unless the situation falls under some of the exceptions listed above.
Why Choose Denver Dog Bite Attorney Brian Pushchak
Dog bite injuries can be very serious. They can lead to disability, disfigurement, and death. There are also many complications that go along with dog bite cases, such as being a friend or relative of the owner, or the victim being a child, which many lawyers just aren’t experienced at handling. To make sure your case is handled properly, you should look for an experienced dog bite lawyer.
At Pushchak Law, we have made dog bite cases a primary focus of our practice. This allows us to develop our knowledge and experience in this area to help provide our clients with great service in pursuit of great results.
In addition, you will benefit from our exclusive Informed Decisions™ Approach. This process starts with us taking the time to listen to your case in great detail. We not only want to understand what happened, but what you hope to achieve with your lawsuit. Once we understand your goals, we will use our experience, education, and insight to recommend the course of action most likely to achieve your goals.
However, you always remain in charge of your case – the final decisions are always yours. We will give you our personal contact information so you can reach us whenever you have questions, concerns, or decisions about your case. We want to help you hold a dog owner responsible for the damage their animal caused.
To learn more about how Brian Pushchak can help you after a dog bite injury, please contact us today. Pushchak Law serves clients in Denver and the surrounding areas.
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