If you’ve been bitten by a dog in Colorado, here’s the most important thing to know: the dog doesn’t get a free first bite. Colorado is a strict liability state for dog bites — and that distinction can make or break your case.
Many states follow what’s known as the “one bite rule,” which essentially gives dog owners a pass the first time their dog injures someone. Colorado doesn’t. Under C.R.S. § 13-21-124, the dog’s owner is liable for your injuries regardless of whether the dog has ever bitten anyone before and regardless of whether the owner had any reason to believe the dog was dangerous. Understanding the difference between these two legal frameworks — and how Colorado’s approach protects you — is critical if you’ve been attacked.
What Is the One Bite Rule?
The one bite rule is a common law doctrine followed by some states that essentially requires the victim to prove the dog owner knew or should have known the dog was dangerous before the attack. In practice, this means the dog gets one free bite. If the dog has never shown aggressive behavior — never bitten anyone, never lunged, never growled in a threatening way — the owner can argue they had no reason to believe the dog posed a risk.
Under the one bite rule, the burden falls on the victim to prove prior knowledge. You’d need to show that the dog had a history of aggression, that the owner was aware of that history, and that the owner failed to take reasonable precautions. That’s a high bar, especially when the dog owner claims the animal has always been gentle and there’s no documented history of problems.
States that follow the one bite rule include Virginia, New York (in certain circumstances), and Texas (with modifications). In these states, first-time bite victims often face an uphill battle because the owner’s defense is simple: “I didn’t know my dog would do that.”
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How Colorado’s Strict Liability Law Works
Colorado takes a fundamentally different approach. Under C.R.S. § 13-21-124, a dog owner is strictly liable when their dog bites a person and causes bodily injury — period. You don’t need to prove the owner knew the dog was dangerous. You don’t need to prove the dog had a history of aggression. You don’t need to prove the owner was negligent in any way.
The elements are straightforward: the dog bit you, the bite caused bodily injury, and the defendant is the dog’s owner. That’s it. The owner’s knowledge, the dog’s history, and the owner’s precautions (or lack thereof) are all irrelevant to establishing liability.
This is a significant advantage for bite victims. It eliminates the most common defense dog owners use — “I had no idea my dog would do that” — and shifts the focus from the owner’s knowledge to the simple fact that the bite happened and caused injury.
Where Strict Liability Has Limits
Colorado’s strict liability statute is powerful, but it isn’t unlimited. There are important boundaries to understand.
The statute covers bites only. Strict liability under C.R.S. § 13-21-124 applies specifically to dog bites that cause bodily injury. If a dog knocks you down, jumps on you, or causes injury without actually biting, the strict liability statute may not apply. In those cases, you’d pursue a claim under a general negligence theory — which requires proving the owner failed to exercise reasonable care in controlling the animal. Negligence claims are still viable, but the burden of proof is higher than strict liability.
The trespasser exception. If you were unlawfully on the dog owner’s property at the time of the bite, strict liability may not apply. Property owners generally owe a lower duty of care to trespassers. However, even in trespassing situations, a negligence claim may still be viable depending on the circumstances — and Colorado imposes special duties regarding child trespassers under the attractive nuisance doctrine.
Noneconomic damage caps apply. Under HB 24-1472, noneconomic damages (pain and suffering, emotional distress, disfigurement) are capped at approximately $1.5 million in most personal injury cases, with the potential to exceed the cap on clear and convincing evidence. There is no cap on economic damages such as medical bills, plastic surgery costs, lost wages, and future treatment.
Government-owned dogs. If you’re bitten by a police K-9 or other government-owned dog, the Colorado Governmental Immunity Act (CGIA) imposes additional requirements, including a 182-day notice period before you can file suit.
Why This Matters for Your Case
The practical impact of strict liability vs. the one bite rule is enormous. In a one-bite-rule state, the insurance company’s first move is to argue that the owner had no prior knowledge of the dog’s aggressive tendencies — and if they succeed, your case is dead. In Colorado, that argument is legally irrelevant. The insurance company has to find other ways to fight your claim.
And they will try. Even under strict liability, homeowner’s insurance companies aggressively defend dog bite claims. They’ll dispute the severity of your injuries, argue your medical treatment was excessive, claim you provoked the dog, or try to apply comparative negligence — arguing you were partially at fault for the attack. Colorado’s modified comparative negligence rule (C.R.S. § 13-21-111) means they only need to push your fault percentage to 50% to eliminate your recovery entirely.
This is where having experienced attorneys matters. At Jordan Law, we handle dog bite cases the same way we handle catastrophic injury claims — with thorough investigation, expert medical documentation, and the willingness to take the case to trial if the insurance company won’t offer fair value.
Negligence Claims: The Other Path
Even in a strict liability state, negligence claims play an important role in dog bite cases. A negligence theory allows you to pursue parties beyond just the dog’s owner.
Landlords who knew a tenant’s dog was dangerous and failed to act — such as enforcing a lease provision prohibiting aggressive breeds or requiring removal of a known dangerous animal — can be held liable under negligence.
Property managers of apartment complexes, HOAs, or commercial properties who allowed a known aggressive dog to remain on the premises may also face liability.
Dog walkers and pet sitters who failed to properly control an animal in their care can be sued for negligence if their carelessness led to the attack.
These negligence claims aren’t subject to the same limitations as the strict liability statute, and in some cases, they provide access to additional insurance coverage — particularly when a landlord or property management company carries commercial liability policies with higher limits than a homeowner’s policy.
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What to Do After a Dog Bite in Colorado
If you’ve been bitten, take these steps immediately. Get medical attention — dog bites carry a high risk of infection, including MRSA and sepsis. Report the bite to Arapahoe County Animal Control or your local animal control agency — this creates an official record and may trigger a dangerous dog investigation. Document your injuries with photographs — take pictures of the wound immediately and throughout the healing process. Do not give a recorded statement to the dog owner’s insurance company. And contact a personal injury attorney who understands Colorado’s strict liability statute and how to maximize your recovery under it.
At Jordan Law, we’ve recovered over $550 million for injury victims across Colorado. Every dog bite case is handled on a contingency fee basis — you pay nothing unless we win. The consultation is free.
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Jordan Law Accident & Injury Lawyers 5445 DTC Parkway, Suite 1000 Greenwood Village, CO 80111