Protecting Children from Dog Bites
Summer is the peak season for dog bite incidents, with children being the common victim. In Colorado, dog owners should pay particular attention the Colorado's dog bite statute as owners may be held liable for injuries sustained as a result of their dog biting a person.

September 08, 2011 /24-7PressRelease/ -- The summer months are the peak season for dog bite incidents, as children are usually home from school and encounter dogs with greater frequency. According to the Centers for Disease Control (CDC) more than four million Americans are bitten by dogs each year. Half of all children under the age of 12 have been bitten by a dog, and dog bite injuries are the second most common cause of child emergency room visits. A majority of injuries are to hands and arms, while head and neck injuries are also common. Bites to the face can cause permanent, disfiguring scars. Further, children are more susceptible than adults to fatal injuries in dog attacks. Sometimes, dogs don't actually bite their victim, but simply jump up onto them in an aggressive fashion, knocking them to the ground and causing injury.

As the renowned dog trainer Cesar Milan says, it's not about training the dog, it's about training the people around the dog that's important. As such, the key is knowing why dogs bite and changing a person's behavior accordingly. Essentially, dogs channel their aggression by biting. The aggression may manifest itself through dominance (protecting territory or items under its control), fear of unfamiliar people or settings, or reaction to punishment (after being hit or kicked).

There are a number of steps children (and adults) can take to minimize the risk of an attack from a family pet or a strange dog. First, do not approach an unfamiliar dog. Animals that are hurt or scared are more likely to defend themselves against an unfamiliar person (usually a child). Second, do not scream and run from a dog. This usually incites the dog. Instead you should remain motionless. This will decrease the chances the dog will attack. Third, do not disturb a dog that is eating, sleeping or caring for puppies. Dogs in these instances may perceive you as a threat that must be defended against.

Liability under Colorado's Dog Bite Statute

Unfortunately, many children fall victim to dog bites because dog owners fail to abide by local leash laws and ordinances. If the owners of the dogs simply had proper control over their dogs, countless dog bites would never occur. However, this carelessness on the part of dog owners may establish liability for the acts of their dogs.

At one time, Colorado was considered a "first-bite" state, which meant that a dog owner would be liable for dog bites only if the owner knew of the dog's propensity for violence. Usually, this meant the owner had to have prior knowledge of an earlier attack involving the same dog before they could be held liable.

However, Colorado passed a dog bite statute in 2004 which eliminated the first-bite rule, but only in situations involving "serious bodily injury." Thus if the victim suffers a serious bodily injury - which is defined by statute an injury that involves a substantial risk of death, serious permanent disfigurement, bone breaks or fractures, or loss or impairment of any body part or organ - then the victim does not have to show that the dog owner had any prior knowledge of the dog's propensity for violence. However, if the victim can show that the owner did have prior knowledge of a propensity for violence, the court can order the dog to be euthanized.

Additional Theories of Liability for Dog Bites in Colorado

One important feature of Colorado's dog bite statute is that it still expressly leaves available other personal injury causes of action for injuries resulting from dog bites. For example, a dog bite victim may still bring a cause of action under the "first-bite" rule if the injury was not considered a serious bodily injury.

In addition, dog bite victims may also have a cause of action under the legal theory of negligence per se. Under the theory of negligence per se, a standard of care is established for dog owners by the creation of a statute or ordinance that is adopted for the public's safety. In the case of dogs, this would most likely be a local leash law or a local ordinance which prohibits owners from allowing a dog to "run at large," i.e., to run loose outside of a fenced yard. If a dog owner violates one of these local laws or ordinances, they will be held liable if their dog causes an injury to someone the law was created to protect.

Exemptions to Dog Bite Liability

It is also important to note that Colorado's dog bite statute contains exemptions that apply to all dog bites that cause any injury, serious or otherwise. These absolute exemptions also theoretically apply to all causes of action, whether under the statute or other theories, such as negligence per-se. Under these exemptions, a dog owner will not be liable:
- While the victim is unlawfully on public or private property
- While the victim is on property of the dog owner and the property is clearly and conspicuously marked with one or more posted signs stating "no trespassing" or "beware of dog"
- While the dog is being used by a peace officer or military personnel in the performance of peace officer or military personnel duties
- As a result of the victim knowingly provoking the dog
- If the victim is a veterinary health care worker, dog groomer, humane agency staff person, professional dog handler, trainer, or dog show judge acting in the performance of his or her respective duties
- While the dog is working as a hunting dog, herding dog, farm or ranch dog, or predator control dog on the property of or under the control of the dog's owner

Dog bites can cause devastating physical and emotion injuries, especially with children. It is important to contact a personal injury attorney in your area if you or a loved one has been attacked by a dog. An experienced attorney can advise you as to your rights and options following a dog bite.

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