If a dog has attacked you, it is important to understand your legal rights and options when moving toward financial recovery. A Monument dog bite lawyer could answer your questions and discuss your case. A skilled personal injury attorney would review the circumstances of the incident and offer sound counsel regarding the appropriate next steps.
Colorado Revised Statute §13-21-124 establishes state law regarding dog bite cases. While some states rely on either a negligence or strict liability approach when assessing fault in dog bite cases, Colorado utilizes a combination of these approaches.
If a canine attack results in serious injury or death, the law applies the strict liability rule to hold the dog owner liable. However, it is important to note that this claimant must have lawfully been on the property at the time of the incident.
The assignment of strict liability applies even if the owner did not know or could not have known that their pet would act aggressively or bite. Serious bodily injuries that lead to the application of strict liability may include:
In situations where the injury is not serious or deadly, the state’s negligence rules apply. In a dog bite case founded on the theory of negligence, the injured claimant must prove that the owner failed to exert reasonable care to restrain or control their dog, and their related injury occurred as a result. A dog bite attorney in Monument could explain what approach may apply to a specific case.
State law provides individuals injured by a dog bite two years from the date of the incident to file their claim with the courts.
When a claimant files their case after the expiration of this time limit, the court could dismiss the case, and the plaintiff may lose the right to pursue compensation for their losses. A Monument canine attack lawyer could work to ensure that an injured party meets the statute of limitations applicable to their case.
If a court determines that a claimant is partially to blame for their injuries, a judge may reduce their compensatory award by their percentage of fault. However, they may only receive damages if they are 49 percent or less at fault. Otherwise, they may lose the right to recover completely.
This situation may occur in a dog attack case if the defendant proves that the plaintiff provoked the animal in some way or that they were on the owner’s property without permission. A Monument lawyer could review a claimant’s dog bite case and assess if the court may find them partially liable.
If you or a loved one was seriously injured in a canine attack, it is vital to have a seasoned Monument dog bite lawyer in your corner who could defend your best interests. They could help you build your case while you focus on your recovery. Speak with an attorney and learn more about what qualified legal representation could do for your case. Call today.