Homeowner’s Insurance and Dog Bite Claims

A serious dog bite can create two very different problems at the same time. The injured person may be dealing with emergency treatment, stitches, infection concerns, scarring, nerve damage, or reconstructive surgery. Meanwhile, another practical question quickly emerges: who is going to pay for the resulting losses?

In many Colorado dog bite cases, homeowner’s insurance is one of the most important potential sources of compensation. A homeowner’s policy may provide liability coverage when the insured or another covered household member is legally responsible for injuries caused by a dog. Depending on the policy, it may also provide limited medical payments coverage for certain immediate treatment expenses.

At Cook, Bradford & Levy, our firm is led by trial lawyers Brian Bradford and Jason Levy, both of whom have extensive experience representing injured people in serious personal injury claims. Brian is a Colorado native who previously served as a public defender and has recovered tens of millions of dollars for injured clients while handling jury trials throughout Colorado. Jason has spent years litigating personal injury cases in Colorado and Maryland.  He has tried cases in both state and federal courts, as well as handled mediations and arbitrations.

Together, Brian and Jason bring substantial courtroom and insurance claim experience to cases involving serious injuries, including dog bites. That experience is particularly valuable when liability is disputed, an insurer minimizes the severity of an injury, or a claim requires us to examine both Colorado’s strict liability statute and additional negligence theories.

Why Homeowner’s Insurance Matters After a Colorado Dog Bite

A serious dog bite can result in substantial financial losses. Emergency treatment may be only the beginning. Some victims require plastic surgery, physical therapy, psychological care, medication, scar revision, or future medical procedures. Injuries may also cause time away from work or permanent limitations.

Most people do not have enough available cash to personally pay a significant injury claim. That is one reason liability insurance can be so important.

Homeowner’s policies commonly include personal liability protection for covered bodily injury claims. If the insured is legally responsible for an injury caused by a dog, the insurer may pay covered damages up to the applicable policy limit.

When we investigate a dog bite case, we therefore look beyond the identity of the dog owner. We also examine what insurance policies may apply, who qualifies as an insured, what limits are available, and whether any endorsements or exclusions affect animal related claims.

Two Types of Homeowner’s Coverage May Be Relevant

Different sections of a homeowner’s policy can apply in different ways.

Personal Liability Coverage

Personal liability coverage is generally the most important portion of a homeowner’s policy in a serious dog bite claim.

If the dog owner is legally responsible for a covered injury, this coverage may pay damages such as medical expenses, lost income, and other legally recoverable losses. The insurer may also provide a legal defense to the insured if a lawsuit is filed, depending on the terms of the policy.

The location of the attack does not necessarily determine whether homeowner’s insurance applies.

For example, a Boulder County resident’s dog might escape from the yard and bite someone on a public sidewalk. A dog might also injure someone in a park, at a family gathering, or while the owner is visiting another property. Personal liability insurance can potentially apply to covered conduct away from the insured residence.

Every policy is different, so the actual language must be reviewed before making conclusions about coverage.

Medical Payments Coverage

Many homeowner’s policies also contain medical payments coverage.

This coverage is generally intended to pay a limited amount of medical expenses for an injured third party without requiring that person to first establish legal fault. The available limit is usually much smaller than the personal liability limit.

Medical payments coverage may help with expenses such as emergency treatment, urgent care, or an initial physician visit.

It should not be confused with the full value of a dog bite claim.

An injury involving surgery, permanent scarring, nerve damage, lost earnings, or substantial future treatment may have a value far beyond the available medical payments coverage.

Colorado’s Dog Bite Statute Can Affect the Liability Claim

Colorado Revised Statutes § 13-21-124 creates a form of strict liability for certain dog bites.

Under C.R.S. § 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 may seek economic damages from the dog owner regardless of whether the dog previously showed vicious or dangerous tendencies and regardless of whether the owner knew about any such tendencies.

This is important because Colorado does not always require an injured person to prove that the owner knew the dog was dangerous before the bite occurred.

The statute uses the definition of “serious bodily injury” found in C.R.S. § 18-1-901(3)(p). That definition includes injuries involving a substantial risk of death, serious permanent disfigurement, prolonged impairment of a body part or organ, and certain fractures and other serious injuries.

Dog bite cases can raise complicated questions about whether a particular injury meets that standard. Deep facial lacerations, permanent scarring, broken bones, tendon injuries, and nerve damage may require close examination.

Colorado law also preserves other legal claims. Under C.R.S. § 13-21-124(6), the statute does not eliminate other causes of action, including negligence and intentional tort claims.

That matters because the strict liability provision is focused only on economic damages. This means you cannot recover non-economic damages like pain and suffering. Therefore, additional negligence theories may become important to the overall claim.

Insurance Coverage Is a Separate Question From Legal Liability

A common misunderstanding is that if Colorado law makes a dog owner liable, the insurance company must automatically pay.

Those are two separate issues.

First, we determine whether the dog owner or another person may be legally responsible for the injury. Second, we determine whether an insurance policy provides coverage for that liability.

An insurer may dispute one, both, or neither of those questions.

The insurance company might argue that its policyholder is not legally responsible. Alternatively, it might acknowledge potential liability but contend that a policy exclusion limits or eliminates coverage.

A coverage dispute does not necessarily eliminate the injured person’s underlying claim against the responsible person. Insurance is one possible source of payment. It does not determine whether the defendant is legally liable.

Colorado Law Limits Breed Based Insurance Decisions

Colorado has enacted protections involving insurance decisions based on dog breeds.

Under C.R.S. § 10-4-110.8(16), an insurer generally may not refuse to issue, cancel, refuse to renew, or increase the premium for certain residential insurance policies solely because of the breed or mixture of breeds of a dog kept at the residence.

Colorado has also restricted insurers from asking about a dog’s specific breed except in circumstances related to whether the individual dog is known to be dangerous or has been legally declared dangerous.

The distinction is important. Colorado law generally prevents insurers from treating an entire breed as automatically unacceptable. The law may still allow underwriting decisions based on the behavior or legal status of a particular dog.

These protections do not guarantee that every dog bite is covered. An insurer may still rely on policy language, exclusions, endorsements, the identity of the insured, or other legitimate coverage considerations.

Exceptions to Colorado’s Strict Liability Rule

Colorado’s dog bite statute contains several exceptions.

Under C.R.S. § 13-21-124(5), statutory strict liability may not apply in certain situations involving unlawful presence on property, clearly posted warning signs, knowing provocation, certain animal care professionals performing their work, police or military dogs acting in an official capacity, and qualifying working dogs.

These defenses can become important during the insurance investigation.

An insurer might claim, for example, that the injured person provoked the dog. We would want to examine what actually happened. Witness statements, surveillance footage, photographs, text messages, animal control records, and prior incidents may all be relevant.

An allegation from an insurance adjuster is not evidence by itself.

What If the Dog Owner Is a Renter?

A dog owner does not need to own the house to have liability insurance.

Renters insurance frequently includes personal liability coverage that may apply to injuries caused by a tenant’s dog. It may also include limited medical payments protection.

Dog bite claims involving rental housing can become more complicated because multiple people or policies may potentially be involved.

We may investigate who owned the dog, who controlled the dog, whether another person knew about prior dangerous behavior, and whether any additional party contributed to the circumstances that allowed the attack to occur.

A landlord’s insurance policy does not automatically make the landlord responsible for a tenant’s dog. Liability still depends on the facts and applicable Colorado law.

Umbrella Insurance May Provide Additional Protection

Some homeowners purchase umbrella or excess liability insurance in addition to their underlying homeowner’s policy.

Umbrella coverage can become especially important in cases involving catastrophic injuries.

A dog bite resulting in severe facial disfigurement, multiple surgeries, permanent nerve damage, long term psychological harm, or major future medical expenses may potentially exceed the limits of the underlying policy.

In those situations, we look for additional layers of available coverage rather than assuming that the first liability limit identified by an insurance carrier is the only available insurance.

What the Insurance Company May Investigate

After a dog bite claim is reported, the insurance company may investigate how the attack occurred and the extent of the injuries.

An adjuster may ask where the victim was standing, whether the dog was restrained, whether warnings were given, whether the victim interacted with the dog before the attack, and whether the animal had previously shown aggressive behavior.

Medical documentation is equally important.

Insurance companies may evaluate the depth and location of wounds, the need for stitches, infection, surgery, nerve or tendon damage, and the likelihood of permanent scarring.

Photographs can be particularly valuable because dog bite injuries can change significantly during the healing process. A wound may look very different on the day of the attack, several weeks later, and a year afterward.

For that reason, we encourage careful documentation throughout recovery.

Comparative Negligence May Affect Negligence Claims

When a dog bite case includes a negligence theory, Colorado’s comparative negligence statute may become relevant.

C.R.S. § 13-21-111 provides that damages may be reduced based on the injured person’s percentage of negligence. If the plaintiff’s negligence is equal to or greater than the negligence attributed to the defendant, recovery under that negligence claim can be barred.

That gives insurance companies an incentive to investigate the injured person’s conduct.

An insurer may argue that the victim ignored a warning, approached the dog improperly, opened a gate, or otherwise contributed to the incident.

Those arguments should be evaluated against the actual evidence.

Dog Bite Damages Can Extend Beyond Medical Expenses

A serious dog bite claim may involve far more than emergency room bills.

Depending on the available legal theories and the evidence, damages may potentially include past and future medical expenses, lost income, reduced earning capacity, physical limitations, permanent disfigurement, pain, and emotional harm.

Scarring often deserves special attention. Facial scars can continue changing for months after an injury. Some victims may eventually need scar revision or additional reconstructive procedures. Children may require future treatment as they grow.

Resolving a claim too early can create problems if the long term consequences are not yet understood.

Policy Limits and Case Value Are Different

A policy limit establishes how much insurance may be available for a covered claim. It does not determine what the injury is worth.

A claim may be worth more than the available insurance. A large insurance policy may also exist in a case where the actual damages are more limited.

We first evaluate the injuries and legally recoverable damages. We then investigate the sources that may be available to pay those damages.

Depending on the circumstances, that may include homeowner’s insurance, renters insurance, umbrella coverage, or coverage associated with another responsible party.

Do Not Assume There Is No Insurance

Some injured people are reluctant to pursue a dog bite claim because the dog belongs to a friend, relative, or neighbor.

That concern is understandable.

Homeowner’s and renters insurance exist in part to protect insured individuals from covered liability claims. In many cases, the insurance company handles the investigation, negotiations, legal defense, and payment of a covered settlement or judgment up to the applicable policy limits.

We believe injured people should understand what insurance may be available before making assumptions about whether pursuing a claim will personally harm someone they know.

How Cook, Bradford & Levy Handles Dog Bite Insurance Claims

At Cook, Bradford & Levy, we examine both the legal responsibility for the attack and the insurance coverage that may apply.

We may investigate the circumstances of the bite, prior incidents involving the dog, animal control records, witness accounts, photographs, medical evidence, and any additional facts relevant to liability.

We also examine potential insurance coverage, including homeowner’s, renters, and umbrella policies when appropriate.

Our goal is not simply to identify an insurance company. We work to understand the full extent of the injuries, determine the legal theories supported by Colorado law, identify potentially responsible parties, and evaluate the insurance available to satisfy a claim.

Brian Bradford and Jason Levy bring extensive litigation and trial experience to that process. When an insurer disputes liability, minimizes permanent scarring, raises questions about provocation, challenges future treatment, or relies on a policy exclusion, we can investigate the issue and determine how Colorado law applies.

Speak With Our Colorado Dog Bite Lawyers

If you or a family member has been seriously injured by a dog in Boulder County or elsewhere in Colorado, homeowner’s or renters insurance may be one of the most important potential sources of compensation.

Determining whether coverage exists, how much insurance is available, and which damages may be recovered can require a careful investigation of both Colorado law and the applicable policy.

Cook, Bradford & Levy represents injured people throughout Boulder County and communities across Colorado. We can investigate the attack, identify potentially responsible parties, examine available insurance coverage, document the extent of the injuries, and pursue the compensation available under Colorado law. Contact Cook, Bradford & Levy today to schedule a free consultation and learn how we can help protect your rights after a serious dog bite.