Child Dog Bite Claims in Colorado

Children are frequent victims of serious dog bite injuries, and their injuries are often more severe than an adult's. In Colorado, C.R.S. § 13-21-124 makes a dog owner strictly liable for economic damages, such as medical bills, when a dog bite causes serious bodily injury or death to a person who was lawfully on public or private property, regardless of the dog's prior behavior or the owner's knowledge of dangerous tendencies. For those damages, the family does not need to prove the owner was negligent. Compensation for pain, scarring, and emotional harm generally requires a fault-based claim, such as negligence or premises liability. For parents dealing with the aftermath of a child's dog bite, understanding these rules helps in seeking compensation for medical treatment, reconstructive surgery, and long-term psychological effects.

Dog bites on children are different from adult injuries. Children are smaller, placing their faces and heads closer to a dog's mouth, so bites to the face, head, and neck are common. A child bitten at age 5 may carry that scar for decades, and claims involving facial injuries to children can be significantly more valuable than a typical dog bite claim.

Why Children Face Greater Danger from Dog Attacks

A child's body makes dog bite injuries more severe than those sustained by adults. A child's thinner skin, developing bone structure, and smaller body mass mean that the same bite can cause greater tissue damage, and head and face injuries are a common reason children need hospital care after a bite. In Colorado, the strict liability standard of C.R.S. § 13-21-124 applies when the bite causes serious bodily injury, and many bites to children reach that level, though each case depends on the medical facts.

Facial and Head Injuries in Children

Young children often interact with dogs at face level and may not recognize warning signs in a dog's body language. Hospitals such as Children's Hospital Colorado in Aurora treat facial lacerations and avulsions from dog bites. These injuries frequently involve the lips, nose, cheeks, and the area around the eyes, and may require careful surgical repair by pediatric plastic surgeons. Pediatric facial reconstruction involving multiple surgeries can generate substantial medical bills before accounting for future revision procedures and psychological treatment.

Psychological Trauma in Child Victims

The psychological impact of a dog attack on a child can be as significant as the physical injuries. Some children develop symptoms consistent with post-traumatic stress, including nightmares, flashbacks, hypervigilance around animals, and avoidance behaviors that disrupt normal childhood activities, particularly when the attack involves facial injuries or happens somewhere the child felt safe, such as a relative's home or a neighborhood park. The cost of counseling is an economic loss; compensation for the emotional harm itself generally requires a fault-based claim. Parents should involve a licensed child psychologist early to document symptoms and establish a treatment plan.

Common signs of psychological trauma in child bite victims include:

• Bedwetting and sleep disturbances after previously outgrowing them
• Separation anxiety and excessive clinginess with caregivers
• School refusal and declining academic performance
• Social withdrawal and avoidance of outdoor activities
• Phobia of dogs that extends to all animals or public spaces

Colorado's Strict Liability Statute and Child Victims

Under C.R.S. § 13-21-124, a dog owner is strictly liable for economic damages when the dog's bite causes serious bodily injury or death to a person lawfully on public or private property, regardless of the dog's prior viciousness. This matters in child bite cases because, for medical bills and other economic losses, the family does not have to prove the owner did anything wrong. The statute has exceptions, including when the injured person was unlawfully on the property, when the property was clearly posted with "no trespassing" or "beware of dog" signs, when the person knowingly provoked the dog, and for certain police, military, and working dogs and dog professionals. For pain and suffering, scarring, disfigurement, and emotional distress, families generally pursue a fault-based theory such as negligence, negligence per se, or premises liability.

Defenses That Fail Against Child Claims

Dog owners and their insurers may raise provocation, arguing that the child pulled the dog's tail or approached too quickly. The statutory exception is for knowing provocation, and whether a young child's ordinary behavior meets that standard depends on the child's age and the facts. Here is how common defenses relate to the statute:

Common Defense	How It Applies in Child Cases	Legal Basis
Provocation	Only knowing provocation is an exception; a young child's ordinary behavior is examined on the facts	C.R.S. § 13-21-124
Comparative fault	In fault-based claims, recovery is reduced by the injured person's share of fault and barred at 50% or more; how a child's conduct is judged depends on age and facts	C.R.S. § 13-21-111
Warning signs	A clearly posted "no trespassing" or "beware of dog" sign can remove strict liability, but fault-based claims may remain	C.R.S. § 13-21-124
Trespassing	Unlawful presence is an exception to strict liability; claims against a landowner are framed under the Premises Liability Act	C.R.S. §§ 13-21-124, 13-21-115

Damages Available in Child Dog Bite Claims

Child dog bite claims can be more valuable than comparable adult claims because of the length of time a child will live with the effects. Depending on the legal theory, damages can include past and future medical expenses including reconstructive surgery and psychological counseling; pain and suffering; permanent disfigurement; loss of enjoyment of life; and any future diminished earning capacity. Strict liability under § 13-21-124 covers economic damages; the non-economic categories generally require proof of fault.

Medical Expenses and Scarring Damages

The medical costs of a child's dog bite injury can be significant, from emergency treatment at Children's Hospital Colorado or UCHealth University of Colorado Hospital to surgical repair by a pediatric plastic surgeon. A child with facial scarring may need scar revision surgery after growth is complete, with additional costs for laser treatments, dermabrasion, and ongoing dermatological care. When serious bodily injury occurs and no exception applies, C.R.S. § 13-21-124 makes the owner strictly liable for these economic damages. Damages for the scarring itself are pursued through a fault-based claim, and in Colorado damages for physical impairment or disfigurement are not subject to the general non-economic damages cap. Learn more about dog bite claim values.

"A scar on a child's face is not just a medical injury. It can affect self-image, social development, and school for years. A careful claim accounts for the decades ahead."

Statute of Limitations Tolling for Minors

Colorado's general deadline for injury claims like dog bites is two years (C.R.S. § 13-80-102(1)(a)). Colorado has special rules for claims of minors, and in some situations they can affect when the deadline runs. Whether they apply depends on the circumstances, including whether the child has a parent or legal representative who can act, so families should not assume a child's claim can wait until adulthood. We confirm the deadline for your child's situation, and filing sooner is almost always the better course.

Why Filing Sooner Is Still Critical

Waiting to pursue a child's dog bite claim creates practical disadvantages. Evidence preservation is the primary concern: photographs get lost, medical records may be purged after retention periods expire, and witnesses relocate or forget details. Denver Animal Protection and other Colorado animal control agencies keep bite reports, but not forever. The dog owner's homeowner's insurance policy in effect at the time of the bite is the relevant coverage, and locating that information gets harder with time. Under Colorado's strict liability framework, liability is easier to establish when evidence is fresh.

The Legal Process and Court Approval

A claim on behalf of a minor child in Colorado involves procedural requirements that differ from adult claims. A minor is represented by a parent, guardian, or other representative in a legal proceeding, and typically a parent retains an attorney to pursue the claim. The process begins with documenting the child's injuries, obtaining complete medical records, and making a claim against the dog owner's homeowner's or renter's insurance policy. If the claim cannot be resolved through negotiation, the family may file a lawsuit in Colorado district court.

Guardian Ad Litem and Settlement Approval

Settlements of a minor's injury claim are commonly reviewed and approved by a court to protect the child. The court can evaluate the settlement terms, attorney's fees, and how the funds will be managed, and it may appoint a guardian ad litem, a separate representative whose role is to look out for the child's interests. Common fund management options include:

1. Restricted accounts that cannot be accessed until the child reaches adulthood
2. Annuities that provide periodic payments
3. Structured settlements with scheduled distributions

A judge can decline to approve a settlement that does not serve the child's interests.

Parental Claims and Prevention

When a child is bitten by a dog in Colorado, the parents may have claims of their own, such as for medical expenses they have paid or are obligated to pay. Which additional claims are available depends on the facts. A Denver dog bite attorney can identify the claims available to the child and the family.

While legal remedies exist after a bite occurs, prevention remains the best protection. Teach children never to approach an unfamiliar dog, always to ask the owner's permission before petting, and never to disturb dogs that are eating or sleeping. Familiar dogs, including family pets and dogs belonging to friends and relatives, are often involved in child bites. The steps to take after a dog bite still matter when the dog belongs to someone the family knows.

Frequently Asked Questions

Can I file a dog bite claim on behalf of my child in Colorado?

Yes. A parent or legal guardian can bring a claim on behalf of a minor child. C.R.S. § 13-21-124 makes owners strictly liable for economic damages from a bite causing serious bodily injury to someone lawfully present, regardless of the dog's history, and fault-based claims can cover other losses. A settlement is commonly reviewed by a court to protect the child's interests.

How long do I have to file a child dog bite claim in Colorado?

The general deadline is two years under C.R.S. § 13-80-102(1)(a). Colorado's rules for minors can affect timing in some situations, but do not assume the deadline is extended. We confirm it for your child's situation, and filing promptly protects evidence and insurance information.

Are child dog bite settlements higher than adult settlements?

Often, yes. Children sustain facial injuries at higher rates than adults, live with scarring for more decades, and can suffer psychological effects that affect development. Every case still depends on its facts and the legal theories available.

Does the court have to approve my child's dog bite settlement?

Settlements of a minor's injury claim are commonly reviewed and approved by a court. The court looks at the settlement terms, attorney's fees, and how the funds will be managed, and funds are often placed in restricted accounts until the child reaches adulthood.

What if my child was bitten at a relative's house?

The claim is made against the dog's owner, but it is usually handled and paid by the owner's homeowner's or renter's liability insurance. Many families find that the insurer handles the claim without the relationship becoming adversarial.

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Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Every child's dog bite case involves unique facts and circumstances. Consult with a qualified attorney for advice regarding your specific situation.

If your child has been bitten by a dog in Colorado, the injuries, both physical and emotional, may support a claim. Colorado's strict liability statute, C.R.S. § 13-21-124, holds dog owners responsible for economic losses from serious bite injuries without requiring proof of negligence, and other losses may be recoverable on a fault-based claim. Contact a Denver dog bite attorney for a free consultation to understand your family's legal options.