Damages in Loveland Dog Bite Cases
When you or a loved one has been bitten by a dog in the Loveland area, it is important to understand your rights regarding the compensation available to you. This will allow you to make informed decisions about the medical treatment and legal remedies you pursue.
Damages in Loveland dog bite cases vary depending on the context. The facts that led up to the canine attack matter and a lawyer could help you understand how they impact your case. Schedule an initial consultation with an experienced dog bite attorney today to learn more.
When Only Economic Damages Are Available
Colorado Revised Statutes § 13-21-124 enacts a strict liability regime concerning dog bites in certain situations. Strict liability means that the injured person does not have to prove that the canine’s owner did anything wrong or should have taken action to prevent the bite from occurring. The plaintiff only needs to prove that the dog caused a qualifying injury to receive damages.
A qualifying injury causes serious bodily injury or death. Colo. Rev. Stat. § 18-1-901(3)(p) defines it as any injury that involves substantial risk of loss of function to any body part, permanent disfigurement, or death. However, the injured person cannot recover under this statute if the following are true:
- They were unlawfully on the dog owner’s property when the attack occurred
- The bite happened on the dog owner’s property, and there were “beware of dog” or “no trespassing” signs posted
- Police or military personnel were using the dog at the time of the bite
- The injured person provoked the dog intentionally
- The injured person was handling the dog as part of their official duties, such as while performing grooming, walking, or veterinary services
- If the dog was providing agricultural or hunting services on the owner’s property when the bite occurred
Under this statute, an injured person can receive only economic damages for their Loveland dog bite case. Economic damages are monetary losses that can be objectively measured in dollar amounts, such as lost wages and medical expenses.
However, the injured person cannot receive non-economic damages, which are more abstract losses, like mental or emotional distress or pain and suffering. This limitation is the trade-off for not proving that the dog’s owner is at fault for the attack.
Owner Negligence Lawsuits
If the harm a person receives in a dog bite case in Loveland does not meet the requirements to recover under Colo. Rev. Stat. § 13-21-124, or if the injured individual wants to receive non-economic damages in addition to their economic damages, they may bring a lawsuit against the owner based on negligence.
Unlike the strict liability imposed by the statute above, the injured party has a higher burden of proof in a negligence lawsuit. The individual must provide evidence that shows the owner failed to act as a reasonable person would controlling their dog.
Although this is harder to prove than in the strict liability statute, if the injured party can gather sufficient evidence, they can receive economic and non-economic damages for their injuries.
Ask a Loveland Attorney About Compensation After A Dog Bite Today
When you receive serious injuries from a dog bite, you deserve to be compensated for the losses you sustain. However, damages in Loveland dog bite cases are complicated, and the legal theory you choose to pursue can significantly impact what you can recover.
A compassionate personal injury attorney could help you analyze your situation and advise you about your options. To learn more, schedule an initial consultation with our law firm today.
