CO Dog Bite Strict Liability Law | Conduit Law

In most states, if a dog bites you, you have to prove the owner knew the dog was dangerous. They call it the “one bite rule”—the idea that every dog gets one free shot before the owner is on the hook.

Colorado threw that rule in the trash.

Under C.R.S. §13-21-124, Colorado operates on a strict liability standard for dog bites that cause serious bodily injury. That means the owner’s knowledge, intentions, and past precautions are irrelevant. If their dog bit you and caused serious injury, they’re liable. Period.

But—and this is where it gets interesting—the law has specific requirements that matter for your case. Let’s break them apart.

What “Strict Liability” Actually Means for Your Case

Traditional negligence requires you to prove the defendant did something wrong. Strict liability skips that step entirely. You don’t need to show the owner was careless, that the dog had a violent history, or that anyone failed to use a leash. The bite itself is the proof.

This is a massive advantage for victims. In a negligence case, the insurance company’s entire defense strategy is attacking what you can prove about the owner’s behavior. Under strict liability, that playbook is mostly useless.

Here’s what you do need to prove:

1. A dog bit you. Seems obvious, but the statute specifically covers bites—not knockdowns, not scratches from jumping, not being chased. Those injuries may still be compensable under general negligence, but they don’t fall under the strict liability statute.
2. The bite caused “serious bodily injury.” This is defined as injury involving a substantial risk of death, serious permanent disfigurement, or prolonged loss of function of any body part or organ. Deep lacerations requiring stitches, broken bones, nerve damage, and facial injuries almost always qualify.
3. You were lawfully present. You were in a public place, or you were on the dog owner’s property with permission—explicitly or implicitly. Mail carriers, delivery drivers, invited guests, neighbors walking on a public sidewalk—all lawfully present.
4. You didn’t provoke the dog. If you were tormenting, hitting, or deliberately agitating the animal, the owner has a defense. Normal behavior—walking, jogging, reaching to pet a seemingly friendly dog—is not provocation.

The “Serious Bodily Injury” Threshold

This is where insurance companies focus their fight. If they can argue your injuries don’t meet the “serious bodily injury” standard, they try to knock you out of strict liability and force you into a harder negligence claim.

What qualifies as serious bodily injury? Colorado courts have found the following sufficient:

• Deep puncture wounds requiring emergency treatment
• Lacerations requiring stitches or surgical repair
• Facial injuries—especially those involving scarring
• Broken bones from the force of the attack
• Nerve damage causing numbness or loss of function
• Injuries requiring reconstructive or plastic surgery
• Infections requiring hospitalization (MRSA, sepsis)

Here’s what the adjuster won’t tell you: scarring alone can meet the threshold. A dog bite that leaves a visible scar on your face, arm, or leg—even after healing—constitutes “serious permanent disfigurement” under the statute. That’s strict liability territory.

When Strict Liability Doesn’t Apply—But You Still Have a Case

What if the injury doesn’t meet the “serious bodily injury” bar? What if a dog knocked you down and broke your wrist, but technically didn’t bite you? What if you were scratched badly but the wound didn’t require stitches?

You still have a claim. It just runs through general negligence or statutory negligence rather than strict liability.

Under a negligence theory, you’d need to show the owner failed to use reasonable care—didn’t leash the dog, violated a local ordinance, knew the dog was aggressive, or failed to control the animal in a foreseeable situation. Many Colorado cities have leash laws that create “negligence per se”—meaning a violation of the ordinance is automatic evidence of negligence.

Denver’s leash law, for example, requires dogs to be on a leash no longer than 6 feet in all public areas. An off-leash dog that injures someone in a Denver park? The owner violated the ordinance, and that violation is the negligence.

The Defenses They’ll Throw at You

Even under strict liability, insurance companies don’t just write checks. Here’s what to expect:

“You Provoked the Dog”

This is their go-to. The definition of provocation is narrower than they’d like, though. Courts have held that normal human behavior—including bending down near a dog, making sudden movements, or even accidentally stepping on a dog’s tail—does not constitute provocation. Provocation requires intentional tormenting or aggressive behavior toward the animal.

“You Were Trespassing”

If you were unlawfully on the property, strict liability doesn’t apply. But “lawful presence” is interpreted broadly. An implied invitation exists for anyone approaching a front door—delivery drivers, solicitors, neighbors. Children who wander into an unfenced yard may also be considered lawfully present under attractive nuisance principles.

“The Injury Wasn’t Serious”

They’ll hire their own doctor to review your records and argue the injury doesn’t meet the statutory threshold. This is where thorough medical documentation matters—photographs of the wound before and after treatment, surgical notes, scar measurements, and functional assessments.

Comparative Fault

Colorado’s modified comparative fault rule applies even in dog bite cases. If they can argue you were partially responsible—you ignored warning signs, you reached into a fenced yard, you approached a dog that was clearly agitated—your recovery gets reduced by your percentage of fault. And if you’re 50% or more at fault, you get nothing.

Who Pays? (It’s Not Always Just the Dog Owner)

Dog bite claims are typically covered by the owner’s homeowner’s or renter’s insurance. Most policies include liability coverage that covers dog bite injuries—though some exclude specific breeds.

But the owner isn’t always the only liable party:

• Landlords—if they allowed a known dangerous dog on the property or failed to enforce pet policies
• Property managers—same theory as landlords
• Dog walkers or pet sitters—if they failed to control the animal
• Businesses—if a dog bites you at a pet-friendly store, brewery, or restaurant that failed to maintain safe conditions

Multiple liable parties means multiple insurance policies, which often means a better recovery. An experienced dog bite attorney will investigate all potential sources of coverage.

The Statute of Limitations

You have 2 years from the date of the bite to file a strict liability claim under C.R.S. §13-21-124. For negligence-based dog bite claims, the general personal injury statute of limitations is 3 years.

Two years goes fast—especially when you’re dealing with medical treatment, insurance adjusters, and the emotional aftermath of an attack. Don’t wait until the deadline is breathing down your neck.

Frequently Asked Questions

Does the “one bite rule” exist in Colorado?

No. Colorado replaced it with strict liability for dog bites causing serious bodily injury. The dog’s history is irrelevant—a first-time biter and a known aggressive dog are treated the same under the statute.

What if the dog owner has no insurance?

You can still pursue a claim directly against the owner. If they have assets—a home, savings, income—a judgment can be collected. Your attorney can also investigate whether other parties (landlord, dog walker, business) have applicable insurance.

Can I sue if a dog bites my child?

Absolutely. Parents or guardians can file a claim on behalf of a minor child. Cases involving children often result in higher settlements because of the severity of injuries (children are bitten in the face more often than adults) and the long-term psychological impact. Contact Conduit Law for a free consultation.

What if the bite happened at a dog park?

Dog parks with posted “off-leash” rules create a more complex liability picture, but you can still have a valid claim. Assumption of risk is limited—you assumed the risk of normal dog behavior, not the risk of a vicious attack. The owner still has a duty to control their animal.

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Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Consult with an attorney for advice regarding your specific situation.

Colorado’s strict liability law exists for a reason—because dog owners are responsible for what their animals do. If you’ve been bitten, the law is on your side. Talk to Conduit Law—free consultation, no fee unless we win.