Understanding C.R.S. § 13-21-124: The Statute Decoded

Colorado Revised Statutes § 13-21-124 is the primary law governing dog bite liability in the state. Here’s the exact statutory language:

*”If a dog bites a person, the owner is liable for the amount of damages a person sustains that are proximately caused by the dog bite if the person bitten was lawfully on public or private property at the time of the bite, if the person sustained serious bodily injury as defined in section 18-1-901(3)(p), C.R.S., or if the person was performing or attempting to perform a duty imposed upon him or her by the laws of this state or the laws or postal regulations of the United States.”*

Plain English Translation:

A dog owner is automatically liable (strict liability — no need to prove negligence) if:

1. The victim was lawfully on public or private property (not trespassing), AND
2. The injury meets the definition of “Serious Bodily Injury” under Colorado law, OR
3. The victim was performing a legal duty (mail carrier, utility worker, law enforcement)

Critical Distinction: If the injury does NOT meet the “Serious Bodily Injury” threshold, the victim must prove the owner was negligent (knew or should have known the dog was dangerous). This is where Colorado differs significantly from pure “strict liability” states.

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The Two-Track Liability System in Colorado

Track 1: Strict Liability (Serious Bodily Injury)

When your injury qualifies as “serious,” you do not need to prove the owner was careless or that the dog had a history of aggression. The bite itself establishes liability.

What Qualifies as “Serious Bodily Injury”?

Under C.R.S. § 18-1-901(3)(p), serious bodily injury means:

• Fractures or broken bones
• Second or third-degree burns
• Permanent disfigurement (significant scarring, especially on visible areas like the face, neck, or hands)
• Protracted loss or impairment of any body part or organ (nerve damage, loss of function)
• Wounds requiring extensive suturing (typically 10+ stitches, though context matters)

Example: A child bitten on the face requiring 15 stitches and resulting in permanent scarring would trigger strict liability. The owner’s knowledge of the dog’s temperament is irrelevant.

Track 2: Negligence Standard (Non-Serious Injury)

If your injury does not meet the “serious” threshold (minor puncture wounds, bruising, superficial cuts), you must prove:

1. The owner knew or should have known the dog had dangerous propensities
2. The owner failed to exercise reasonable care in controlling the dog
3. This negligence directly caused your injury

Example: A dog nips your hand at a park, causing a small puncture wound. You would need to show the owner knew the dog had bitten before or exhibited aggressive behavior.

Why This Matters: The burden of proof shifts dramatically. Strict liability cases are significantly stronger and often settle faster.

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Common Defenses Dog Owners Use (And How to Counter Them)

Even under strict liability, dog owners and their insurance companies will attempt to avoid payment. Here are the most common defenses:

Defense 1: “You Were Trespassing”

The statute only protects victims who were “lawfully” on the property. However, Colorado courts interpret this broadly. Invited guests, mail carriers, delivery workers, and even children who wander onto property may still be considered lawful in many contexts.

Counter: Document your reason for being on the property. Were you invited? Were you performing a service? Even implied permission (open gate, no “No Trespassing” signs) can establish lawful presence.

Defense 2: “You Provoked the Dog”

Provocation is a valid defense, but it requires more than simply interacting with the dog. Courts look for intentional harassment, abuse, or threatening behavior.

What Does NOT Constitute Provocation:

• Petting a dog
• Walking past a dog
• Playing with a dog (unless you were hitting or teasing it)
• Accidentally stepping on a dog’s tail

Counter: Witness statements and your own account are critical. Most “friendly” interactions do not meet the legal standard for provocation.

Defense 3: “The Dog Was Working”

Colorado law provides limited exemptions for dogs performing official duties (police K-9s, livestock guardian dogs). However, this exemption is narrow and does not apply to most household pets.

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Application Scenarios: How the Statute Works in Real Cases

Scenario 1: The Delivery Driver

Facts: An Amazon driver enters a fenced yard to deliver a package. The homeowner’s dog bites the driver’s leg, causing a fracture.

Analysis: The driver was performing a legal duty (delivery). The fracture qualifies as serious bodily injury. Strict liability applies. The owner is liable regardless of the dog’s history.

Scenario 2: The Neighbor’s Child

Facts: A 7-year-old child is playing in a neighbor’s yard with permission. The family dog bites the child’s face, requiring 20 stitches and causing permanent scarring.

Analysis: The child was lawfully on the property (with permission). Facial scarring qualifies as permanent disfigurement. Strict liability applies. The lawsuit is against the homeowner’s insurance policy, not the neighbor personally.

Scenario 3: The Off-Leash Park Incident

Facts: Two dogs get into a fight at an off-leash dog park. One owner is bitten while trying to separate them, sustaining puncture wounds but no fractures or significant scarring.

Analysis: The injury likely does not meet the “serious bodily injury” threshold. The victim must prove the other owner was negligent (e.g., knew their dog was aggressive, failed to control it). This is a harder case to win.

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Damages Beyond Medical Bills: The Full Cost of a Dog Bite

Colorado law allows victims to recover both economic and non-economic damages:

Economic Damages:

• Emergency room and hospital bills
• Reconstructive or plastic surgery costs
• Physical therapy and rehabilitation
• Lost wages (past and future)
• Scarring revision procedures (which may require multiple surgeries over years)

Non-Economic Damages:

• Pain and suffering
• Emotional distress and PTSD (cynophobia — fear of dogs — is common in bite victims, especially children)
• Permanent disfigurement and loss of quality of life
• Loss of consortium (impact on family relationships)

Critical Note: Insurance companies will attempt to minimize non-economic damages. Detailed documentation (photos of injuries, mental health records, testimony from family members) is essential.

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The “Friend/Neighbor” Dilemma: Suing the Insurance, Not the Person

One of the most common reasons victims hesitate to pursue claims is the fear of “suing” a friend, neighbor, or family member. Here’s what you need to understand:

You are filing a claim against the homeowner’s insurance policy, not the individual’s personal assets.

Most homeowners insurance policies in Colorado include liability coverage for dog bites (typically $100,000 to $300,000). The insurance company pays the settlement or judgment, and the owner’s personal finances are not affected (unless the damages exceed policy limits, which is rare).

The owner’s premiums may increase, but this is the purpose of liability insurance — to protect both the victim and the policyholder from financial catastrophe.

If you’re hesitant because of your relationship with the owner, consider this: the insurance company will fight your claim whether you’re a stranger or a loved one. Having experienced legal representation ensures the insurance company fulfills its obligation.

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Reporting Requirements and the Dangerous Dog Registry

Colorado law requires dog bites to be reported to local animal control within a specific timeframe (typically 24-48 hours, depending on the county). Reporting serves several purposes:

1. Creates an official record of the incident (critical for your legal claim)
2. Triggers investigation by animal control (bite history, vaccination status, quarantine requirements)
3. May result in “Dangerous Dog” designation (which strengthens future claims if the dog bites again)

Action Step: Always report the bite to local authorities, even if the owner promises to “take care of it.” Failure to report can weaken your case.

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Statute of Limitations and Special Rules for Child Victims

In Colorado, the statute of limitations for personal injury claims (including dog bites) is two years from the date of the injury.

Special Rule for Minors: If the victim is under 18, the two-year clock does not start until the child turns 18. This means a child bitten at age 10 has until age 20 to file a claim.

Frequently Asked Questions About Dog Bite Cases

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