Can I Be Sued if My Dog Bites Someone on My Property?

The short answer to “can I be sued if my dog bites someone on my property?” is yes! However, each incident is unique and each state has its own laws that are significant. It’s very important to understand which laws apply to you and your dog. The question is not “whether” you can be sued because: this is America; of course you can be sued. The question you really need to ask is: what is the likelihood of the other party winning?

Generally speaking the owner or keeper of a dog is liable for damages for any injury, however there are a wide variety of circumstances that influence that liability. The main one being if the victim was trespassing or committing another criminal offense on the property. There are also times where the victim will be held liable if they were abusing the dog on the owner’s property.

At the Animal Law Firm, we are licensed to practice law in Colorado and Texas and have a deep understanding of the laws related to dog bite defense in those states. It is always advisable to consult with a local attorney who can provide guidance tailored to your specific situation and jurisdiction. They can also help you navigate the complexities of local case law and potential defenses you might have.

Colorado Dog Bite Law Summary:

In Colorado, liability for dog bites is governed by a combination of statutory and common law principles. Colorado follows a “strict liability” approach under C.R.S. § 13-21-124. This statute states that a dog owner is strictly liable for damages if their dog bites someone who is lawfully on the property, regardless of the dog’s prior behavior or the owner’s knowledge of the dog’s viciousness. This means that you can indeed be sued if your dog bites someone on your property, and the burden of proof is on the plaintiff to demonstrate the bite occurred while they were on your property.

Colorado also has a criminal dog bite statute under C.R.S. § 18-9-204.5. This statute can result in your dog being taken away from you and impounded until the criminal trial resolves. If you are charged with ownership of a dangerous dog, it is important to call The Animal Law Firm right away to protect your rights! You only have 10 days to ask for a hearing to get your dog out of impound!

Texas Dog Bite Law Summary:

Texas law provides a somewhat different framework. Under Texas law, liability for dog bites generally falls under the “one bite rule.” Texas courts require a plaintiff to prove that the dog owner knew or should have known about the dog’s dangerous propensity before the bite occurred in order to hold an owner strictly liable. This means that in Texas, if you have a history or reason to know that your dog has bitten someone before or has shown aggressive behavior, you could be held strictly liable. If there’s no prior indication of dangerous behavior, Texas law may not hold you strictly liable. Also, Texas offers a more practical approach to dog bite defenses and takes into consideration the behavior of the complaining party to reduce the party’s ability to recover money damages.

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It’s important to know the relevant dog bite laws in your state. For our clients in Colorado, you can generally be sued if your dog bites someone on your property, primarily due to strict liability statutes. Texas, however, requires that the injured party prove that you had knowledge or should have had knowledge of the dog’s dangerous behavior before holding you strictly liable.

Do you need help navigating dog bite defense laws in the state of Colorado or Texas? Call our Animal Lawyers at The Animal Law Firm at 1-844-PET-LAWYER (1-844-738-5299) to find out how we can help defend your pet today!