§ 13-21-124 — Civil actions against dog owners

(1) As used in this section,
unless the context otherwise requires:

(a) Bodily injury means any physical injury that results in severe bruising,
muscle tears, or skin lacerations requiring professional medical treatment or any
physical injury that requires corrective or cosmetic surgery.

(b) Dog means any domesticated animal related to the fox, wolf, coyote, or
jackal.

(c) Dog owner means a person, firm, corporation, or organization owning,
possessing, harboring, keeping, having financial or property interest in, or having
control or custody of, a dog.

(d) Serious bodily injury has the same meaning as set forth in section 18-1-901 (3)(p), C.R.S.

(2) A person or a personal representative of 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.

(3) In any case described in subsection (2) of this section in which it is
alleged and proved that the dog owner had knowledge or notice of the dog's
viciousness or dangerous propensities, the court, upon a motion made by the victim
or the personal representative of the victim, may enter an order that the dog be
euthanized by a licensed veterinarian or licensed shelter at the expense of the dog
owner.

(4) For purposes of this section, a person shall be deemed to be lawfully on
public or private property if he or she is in the performance of a duty imposed upon
him or her by local, state, or federal laws or regulations or if he or she is on property
upon express or implied invitation of the owner of the property or is on his or her
own property.

(5) A dog owner shall not be liable to a person who suffers bodily injury,
serious bodily injury, or death from being bitten by the dog:

(a) While the person is unlawfully on public or private property;

(b) While the person 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;

(c) While the dog is being used by a peace officer or military personnel in the
performance of peace officer or military personnel duties;

(d) As a result of the person knowingly provoking the dog;

(e) If the person 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; or

(f) 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.

(6) Nothing in this section shall be construed to:

(a) Affect any other cause of action predicated on other negligence,
intentional tort, outrageous conduct, or other theories;

(b) Affect the provisions of any other criminal or civil statute governing the
regulation of dogs; or

(c) Abrogate any provision of the Colorado Governmental Immunity Act,
article 10 of title 24, C.R.S.

Legislative History

Source: L. 2004: Entire section added, p. 507, � 1, effective April 21.