Dog Bite Demand Letter - Colorado

DEMAND FOR SETTLEMENT - DOG BITE / ANIMAL ATTACK

STATE OF COLORADO

[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Colorado ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of Colorado

DATE: [Date]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL

[Adjuster Name / Dog Owner Name]
[Insurance Company Name / Address]
[Street Address]
[City, State ZIP]

RE: DOG BITE CLAIM - SETTLEMENT DEMAND
Our Client: [Client Full Name]
Date of Attack: [Date of Attack]
Location of Attack: [Address where attack occurred]
Dog Owner: [Dog Owner Name]
Dog Breed/Description: [Breed, Size, Color]
Claim Number: [If assigned]
Homeowner's Policy Number: [If known]

Dear [Recipient Name]:

This firm represents [Client Name] ("Claimant") for the serious and permanent injuries sustained as a result of a vicious dog attack that occurred on [Date of Attack]. The attack was perpetrated by a [Breed] dog owned by [Dog Owner Name]. This letter constitutes our formal demand for settlement.

I. COLORADO DOG BITE LAW

A. Statute of Limitations

Under Colorado Revised Statutes Section 13-80-102, the statute of limitations for personal injury claims, including dog bite cases, is two (2) years from the date of the injury. This claim arises from an attack that occurred on [Date], and therefore the limitations period expires on [Expiration Date].

B. Colorado's Hybrid Dog Bite Law

Colorado has a hybrid system for dog bite liability:

1. STRICT LIABILITY for Serious Bodily Injury (C.R.S. Section 13-21-124):

Under C.R.S. Section 13-21-124(2), a person who suffers serious bodily injury or death "from being bitten by a dog while lawfully on public or private property shall be entitled to bring a civil action to recover economic damages against the dog owner regardless of the viciousness or dangerous propensities of the dog or the dog owner's knowledge or lack of knowledge of the dog's viciousness or dangerous propensities."

IMPORTANT: The statutory strict-liability action recovers economic damages only (e.g., medical bills, lost wages). Non-economic damages (pain and suffering, disfigurement) are not recoverable under Section 13-21-124 standing alone; those require proof of negligence or common-law scienter. See C.R.S. Section 13-21-124(6)(a) (statute does not affect other causes of action).

"Serious Bodily Injury" has the same meaning as in C.R.S. Section 18-1-901(3)(p): bodily injury that, either at the time of the actual injury or at a later time, involves a substantial risk of death; a substantial risk of serious permanent disfigurement; a substantial risk of protracted loss or impairment of the function of any part or organ of the body; or breaks, fractures, a penetrating knife or penetrating gunshot wound, or burns of the second or third degree.

2. SCIENTER / NEGLIGENCE for Other Injuries and for Non-Economic Damages:

For injuries that do not rise to the level of "serious bodily injury," and to recover non-economic damages in any case, Colorado applies the common-law scienter rule and negligence, requiring proof that the owner knew or should have known of the dog's dangerous propensities, or otherwise breached a duty of care.

C. Application to This Case

[SELECT APPLICABLE OPTION]

Option 1 - Strict Liability Applies:
Our client suffered serious bodily injury as defined under C.R.S. Section 13-21-124, including [describe: permanent disfigurement, protracted impairment, substantial risk of death, etc.]. Therefore, [Dog Owner Name] is strictly liable for our client's injuries.

Option 2 - Scienter / Negligence Applies:
Even if the injuries do not meet the statutory definition of "serious bodily injury," [Dog Owner Name] is liable under the common law scienter rule because [he/she] knew or should have known of the dog's dangerous propensities.

D. Modified Comparative Negligence

Colorado follows modified comparative negligence under C.R.S. Section 13-21-111. A plaintiff's recovery is reduced by their percentage of fault, and recovery is completely barred if the plaintiff is 50% or more at fault.

Our client bears no responsibility for this unprovoked attack.

E. Non-Economic Damage Cap

IMPORTANT: Colorado imposes a cap on non-economic damages under C.R.S. Section 13-21-102.5, as amended by HB24-1472 (effective January 1, 2025). The current cap is $1,500,000 (next CPI adjustment January 1, 2028).

Exception: The cap may be exceeded upon clear and convincing evidence of certain aggravating factors.

II. PRESERVATION OF EVIDENCE NOTICE

YOU ARE HEREBY DIRECTED TO PRESERVE ALL EVIDENCE relating to this attack and the subject animal, including but not limited to:

• ☐ The animal itself (do not destroy, euthanize, or transfer without notice)
• ☐ All veterinary records for the animal
• ☐ Vaccination records, including rabies vaccination
• ☐ Animal licensing documents
• ☐ Prior bite reports or complaints
• ☐ Any "dangerous dog" designations under C.R.S. Section 18-9-204.5
• ☐ Communications with [County] Animal Control
• ☐ Homeowner's or renter's insurance policies
• ☐ Training records for the animal
• ☐ Proof of confinement measures

Spoliation of evidence under Colorado law may result in adverse inferences and sanctions.

III. STATEMENT OF FACTS

A. The Attack

On [Date of Attack], at approximately [Time], our client was [describe activity - e.g., "walking on the public sidewalk," "visiting the dog owner's residence as an invited guest," etc.] in [City], [County] County, Colorado.

At that time, [Dog Owner Name]'s [Breed] dog [describe how attack occurred].

The dog attacked our client viciously and without provocation. [Describe the attack in detail].

B. Serious Bodily Injury

[USE IF SEEKING STRICT LIABILITY UNDER C.R.S. 13-21-124]

Our client's injuries constitute "serious bodily injury" as defined by Colorado law because they involve:

• ☐ Substantial risk of death: [Describe life-threatening aspects]
• ☐ Serious permanent disfigurement: [Describe permanent scarring, disfigurement]
• ☐ Protracted loss or impairment of function: [Describe functional impairment]

[Provide detailed description supporting serious bodily injury classification]

C. Evidence of Owner's Knowledge (Scienter)

[USE IF STRICT LIABILITY DOES NOT APPLY OR AS ALTERNATIVE THEORY]

[Dog Owner Name] knew or should have known of this dog's dangerous propensities:

• ☐ Prior Bite Incidents: [Details]
• ☐ Prior Aggressive Behavior: [Details]
• ☐ Complaints to Animal Control: [Details]
• ☐ "Dangerous Dog" Designation: Under C.R.S. Section 18-9-204.5
• ☐ Warning Signs Posted: [Details]
• ☐ Owner Admissions: [Details]

D. No Provocation

Our client did absolutely nothing to provoke this attack. Under C.R.S. Section 13-21-124(5)(d), a dog owner is not liable where the injury results from the person "knowingly provoking the dog." However, our client:

• ☐ Was peacefully and lawfully present at the location
• ☐ Did not torment, tease, or abuse the dog
• ☐ Did not engage in any provoking behavior

IV. LIABILITY ANALYSIS

A. Strict Liability Under C.R.S. Section 13-21-124

[USE IF SERIOUS BODILY INJURY]

Under Colorado's strict liability statute, [Dog Owner Name] is liable for our client's economic damages because:

1. [Dog Owner Name] owned the dog that attacked our client
2. The dog caused serious bodily injury to our client while our client was lawfully on public or private property
3. No statutory exclusion from liability applies

B. Statutory Exclusions From Liability Do Not Apply

Under C.R.S. Section 13-21-124(5), a dog owner is not liable to a person bitten by the dog in the following circumstances, none of which applies here:

(a) Unlawful presence: Our client was lawfully on the property, not unlawfully present. [He/She] was [describe lawful status].

(b) Posted signs: The property was not clearly and conspicuously marked with "no trespassing" or "beware of dog" signs. [Confirm.]

(c) Peace officer / military dog: The dog was not being used by a peace officer or military personnel in the performance of their duties.

(d) Knowing provocation: Our client did not knowingly provoke the dog.

(e) Professionals working with dogs: Our client was not 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 duties.

(f) Working dog: The dog was not working as a hunting, herding, farm or ranch, or predator control dog on the property of or under the control of the owner.

C. Alternative Theory - Scienter / One-Bite Rule

Even if strict liability does not apply, the owner is liable under the common-law rule for injuries caused by a domestic animal with dangerous or vicious tendencies:

1. The dog had vicious or dangerous tendencies
2. The owner knew or had notice of those tendencies
3. The tendencies (or the owner's negligence) caused our client's injuries

See Colorado Jury Instructions — Civil 13:1 (Domestic Animals — Dangerous or Vicious Tendencies — Elements of Liability); N.M. ex rel. Lopez v. Trujillo, 2017 CO 79, 397 P.3d 370 (addressing a dog owner's common-law duty of care).

D. Negligence Theory

The owner also breached the common law duty of care by:

• ☐ Failing to properly secure the animal
• ☐ Allowing the animal to roam unleashed
• ☐ Violating local leash laws
• ☐ Failing to warn of the dog's presence

V. COLORADO DANGEROUS DOG STATUTES

A. Unlawful Ownership of Dangerous Dog

Under C.R.S. Section 18-9-204.5, it is unlawful for any person to own a dangerous dog. A "dangerous dog" is defined in Section 18-9-204.5(2)(b) as any dog that:

• (I) Inflicts bodily or serious bodily injury upon or causes the death of a person or domestic animal; or
• (II) Demonstrates tendencies that would cause a reasonable person to believe that the dog may inflict bodily or serious bodily injury upon or cause the death of any person or domestic animal; or
• (III) Engages in or is trained for animal fighting as described and prohibited in C.R.S. Section 18-9-204

B. Local Ordinances

[Insert applicable municipal/county ordinances regarding:

• Leash requirements
• Dangerous dog designations
• Breed-specific legislation (note: state preemption issues under C.R.S. Section 18-9-204.5)]

VI. INJURIES AND MEDICAL TREATMENT

A. Description of Injuries

The attack caused severe injuries to our client, including:

Bite Wounds:

• ☐ [Location] - [Description]
• ☐ [Location] - [Description]

Serious Bodily Injury Elements:

• ☐ Permanent disfigurement: [Description]
• ☐ Protracted impairment of function: [Description]
• ☐ Risk of death: [Description, if applicable]

Secondary Injuries:

• ☐ Soft tissue damage
• ☐ Nerve damage
• ☐ Tendon/ligament damage
• ☐ Infection

Psychological Injuries:

• ☐ Post-Traumatic Stress Disorder (PTSD)
• ☐ Cynophobia (fear of dogs)
• ☐ Anxiety and panic attacks

B. Medical Treatment

[Detail emergency treatment, follow-up care, surgeries, mental health treatment]

C. Prognosis

[Detail permanent conditions, ongoing treatment needs, future care requirements]

VII. DAMAGES

A. Medical Expenses

B. Future Medical Expenses

C. Lost Wages

D. Pain and Suffering

Colorado allows recovery for:

• Physical pain and suffering
• Mental anguish
• Emotional distress
• Permanent scarring and disfigurement
• Loss of enjoyment of life

Note: Non-economic damages may be subject to the statutory cap under C.R.S. Section 13-21-102.5.

E. Summary of Damages

VIII. SETTLEMENT DEMAND

A. Demand Amount

Based upon the [strict liability / liability] of the dog owner under Colorado law, the severity of injuries, and the substantial damages, we hereby demand:

$[DEMAND AMOUNT]

B. Time for Response

This demand will remain open for thirty (30) days from the date of this letter, through and including [Expiration Date].

IX. DOCUMENTATION ENCLOSED

• ☐ Medical records and bills
• ☐ Photographs of injuries
• ☐ Animal Control report
• ☐ Police report
• ☐ Witness statements
• ☐ Employment records
• ☐ Prior incident documentation
• ☐ HIPAA authorizations

X. CONCLUSION

Under Colorado law, [Dog Owner Name] is [strictly liable for our client's serious bodily injury under C.R.S. Section 13-21-124 / liable under the scienter doctrine / liable for negligence]. The attack was entirely unprovoked, and our client was lawfully present.

We are prepared to file suit in Colorado District Court, [County] County, if necessary.

Respectfully submitted,

[FIRM NAME]

By: _________________________________
[Attorney Name]
Colorado Attorney Registration No. [Number]
Attorney for [Client Name]

ENCLOSURES: [List]

cc: [Client Name]
[File]

COLORADO-SPECIFIC PRACTICE NOTES

• STRICT LIABILITY: C.R.S. Section 13-21-124 imposes strict liability only for "serious bodily injury." Other injuries require proof of scienter or negligence.
• Serious Bodily Injury Definition: Substantial risk of death, serious permanent disfigurement, or protracted loss/impairment of function.
• Modified Comparative Negligence: C.R.S. Section 13-21-111 - plaintiff barred if 50% or more at fault.
• Non-Economic Damage Cap: C.R.S. Section 13-21-102.5(3)(a)(II) - $1.5M for claims filed on/after Jan 1, 2025; adjusted biennially beginning Jan 1, 2028. Note: strict liability under Section 13-21-124 allows economic damages only - non-economic damages require a negligence/scienter theory.
• 2-Year SOL: C.R.S. Section 13-80-102.
• Dangerous Dog Statute: C.R.S. Section 18-9-204.5.
• Local Ordinances: Research applicable municipal and county animal control ordinances.
• Venue: District Court in county where injury occurred or defendant resides.

This template must be reviewed and customized by a Colorado-licensed attorney before use.