The outcome, both in court and for the dog, often depends on the dog’s past behavior. Colorado is a strict liability state for dog bite injuries, meaning the owner is liable for a victim’s damages even if the dog hasn’t bitten before. Courts consider the dog’s history of aggressive behavior, bite records, and other details about the incident when determining whether the owner owes compensation to the victim, whether the owner should face criminal charges, and whether the animal will be surrendered.
Dog bite cases get complex, not necessarily because of unusual legal issues, but because they’re often more emotionally charged than other types of personal injury claims. The dog’s owner has a vested interest in getting the victim to drop their claim, while the victim, who likely suffered a terrifying incident, may be wary and fearful about asserting their legal rights.
As experienced Denver dog bite lawyers, we’ve seen many different outcomes for the dog in a dog bite claim and understand that this is a very real concern for many people. Let’s look at a few common scenarios.
The owner could face charges of unlawful ownership of a dangerous dog
Unlawful ownership of a dangerous dog is a Colorado statute that regards a dog as dangerous if it bites someone. A single bite occurrence can cause the dog to be labelled as dangerous, and the owner may face criminal charges.
Depending on which part of the greater Denver metro area the attack occurred, the owner may face similar municipal charges. Denver, Aurora, Akron, Lakewood, Commerce City, and Englewood all have municipal statutes similar to the state’s unlawful ownership of a dangerous dog statute, but they may call it an aggressive, vicious, or potentially dangerous animal.
Dog owners found guilty of violating the state or municipal dangerous dog statute could be charged with a Class 2 misdemeanor, with penalties including up to six months in jail and a fine of up to $750. If the dog caused serious bodily injury to the victim, the owner could be charged with a Class 6 felony, with a 1.5-year prison sentence and a year of mandatory probation afterward, plus thousands of dollars in fines.
And that’s just the criminal charges for the owner. What happens to the dog?
Forfeiture of a dangerous dog is common after dog bite incidents
If you, the owner, are charged with a misdemeanor or felony, you may be required to surrender your dog. Aurora and Lakewood, among other towns, require the forfeiture of the animal before the criminal case moves forward. If the owner is attempting to negotiate a plea deal on the criminal charges, failure to surrender the dog can make it much less likely that the prosecutor will agree to any deal.
If the owner is permitted to keep the dog, they will often be court-ordered to take responsible steps to warn others of the dog and ensure better containment of the animal, such as:
- Paying an annual permitting fee (about $300)
- Install a 9-foot fence, with at least three feet being underground
- Dog must always be on a leash and muzzled
- Posting “beware of dog” signs on the property
If the victim suffered serious bodily injury in the attack, then there’s a good chance that the city will put the dog down, especially if the animal has a history of biting or aggressive behavior. From the city’s standpoint, it could be liable if it released the dog back to the owner and the dog bit someone else.
When would a dog be euthanized after a bite incident?
In some situations, if the victim suffered grievous injury, they may petition the court to euthanize the dog. This may also be part of a negotiated settlement with the dog’s owner. Even if the court doesn’t order the animal to be euthanized, the city where the attack occurred may determine that the dog has the potential to attack again and will not take the risk.
Civil penalties for dog owners in dog bite claims
In addition to criminal charges, the dog’s owner will likely face trouble in civil court. Dog bite victims are permitted to file a lawsuit for damages against the owner. If a dog has bitten you, you may seek compensation for your financial losses, pain and suffering, and emotional trauma. The attorneys at Zara Injury Law can help you get justice and your fair due. Call us at (866) 823-8288 for a free consultation.