You’re walking through your favorite shopping center when suddenly a dog lunges at you from seemingly nowhere. Maybe you’re at a restaurant’s outdoor patio, or perhaps you’re visiting a hotel that allows pets. Whatever the situation, you’ve been bitten by a dog on commercial property, and now you’re dealing with pain, medical bills, and a whole lot of confusion about what happens next.
I’ve seen this happen so many times, and believe me – it’s a lot more complicated than most people think. When a dog bite happens on commercial property, you’re not just dealing with the dog owner. You could also have a case against the business itself. That’s where “premises liability” steps in, and it’s something every property owner and visitor really ought to know about.
What Exactly Is Premises Liability for Dog Bites?
Okay, let’s kick things off with the basics. Premises liability is a legal idea that basically says property owners are responsible for injuries that happen on their property if they were careless or negligent in some way. When we’re talking about dog bites, this gets really interesting because you might have two people or groups you can hold accountable: the dog owner and the property owner.
Think of it this way – if a business allows dogs on their property, they’re taking on certain responsibilities. They can’t just say “not our dog, not our problem” if someone gets hurt. Depending on the circumstances, they might be just as liable as the person who brought the aggressive dog onto their property in the first place.
I’ve even handled cases where the property owner was actually more at fault than the dog owner. Maybe they knew there was an aggressive dog that was often around their property but didn’t do anything about it. Or maybe they just didn’t have enough security or safety steps in place. These situations happen more often than you’d think.
How Commercial Properties Differ from Residential Dog Bite Cases
When a dog bite happens at someone’s house, the legal side of things is usually pretty straightforward – you’re dealing with the homeowner and their insurance. But commercial properties? Oh boy, that’s a whole different ball game.
Commercial property owners have what we call a “duty of care” to their customers and visitors. This duty is actually higher than what residential property owners owe to their guests. Why? Because businesses invite the public onto their property to make money. With that invitation comes responsibility.
Let’s say you’re bitten by a dog at a farmers market. You might be able to sue not just the dog owner, but also the market organizers, the property owner who hosts the market, and even possibly the city if it’s a public space. Each of these parties might have different insurance policies and different levels of responsibility.
I remember a case where a client was attacked by a dog at a strip mall. The dog belonged to an employee of one of the stores, and management knew this employee regularly brought their aggressive dog to work. The property management company had received complaints before but never addressed the issue. In that case, the property owner was actually more liable than the dog owner because they knew about the issue and did nothing to fix it.
Types of Commercial Properties Where Dog Bites Occur
You might be surprised by how many different types of commercial properties allow dogs these days. It’s not just pet stores and vet clinics anymore. The rise of dog-friendly businesses has created new risks that many property owners don’t fully understand.
Retail Stores and Shopping Centers
More and more shops are going dog-friendly to attract customers. Home improvement stores, certain clothing retailers, and even some bookstores now welcome well-behaved dogs. But here’s the thing – they often don’t have good plans in place to handle situations when dogs aren’t well-behaved.
I’ve seen cases at major retail chains where employees weren’t trained on how to handle aggressive dogs, and management didn’t have clear policies about when to ask someone to remove their pet. When something goes wrong, both the store and the shopping center owner might be liable.
Restaurants and Bars with Outdoor Seating
Restaurants with patios and outdoor seating areas are hot spots for dog bite incidents. People love bringing their dogs when they’re eating outside, but restaurant staff usually aren’t trained to spot signs of a dog being aggressive or stressed.
The liability issues get complex here because restaurants have to balance health department regulations with customer service. Some places require dogs to be on leashes and stay on the ground, while others are more relaxed. The more relaxed the policy, the higher the potential liability.
Hotels and Lodging Facilities
Pet-friendly hotels are everywhere now, and they’re dealing with special challenges when it comes to responsibility. Unlike a restaurant where a dog might be present for an hour, hotels have dogs staying overnight in smaller spaces with lots of other people around.
I’ve handled cases where hotel management knew a guest had an aggressive dog – maybe there were complaints from other guests or incidents with housekeeping staff – but they didn’t take action to protect other guests. That’s a clear premises liability case.
Office Buildings and Business Parks
You might not think of office buildings as places where dog bites happen, but they’re becoming more common as workplaces become pet-friendly. The liability issues here can be particularly complex because you might have multiple tenants, each with their own pet policies, all sharing common areas.
Entertainment Venues and Event Spaces
Outdoor concerts, festivals, and farmers markets often allow dogs, which can lead to crowded situations where incidents are more likely. These venues have special challenges because they’re dealing with large crowds, temporary setups, and often multiple vendors or participants who might bring dogs.
Legal Standards and Duties of Care
Now let’s talk about what the law actually requires from commercial property owners. This varies by state, but there are some common principles that apply almost everywhere.
The Reasonable Care Standard
Commercial property owners have a duty to exercise “reasonable care” to keep their spaces safe for visitors. What’s reasonable depends on the specific situation, but it generally means the property owner should:
- Know about dangerous conditions on their property
- Take steps to fix or warn about those dangers
- Have reasonable policies and procedures in place
- Train their staff the right way
- Respond the right way when problems arise
When it comes to dogs, this might mean having clear pet policies, training staff to recognize aggressive behavior, or taking action when they receive complaints about a particular animal.
Foreseeability and Notice
Here’s where it gets legally interesting. Property owners are generally only liable for dangers they knew about or should have known about. In legal terms, we call this “notice.”
There are two types of notice: actual and constructive. Actual notice means the property owner literally knew about the danger – maybe someone complained about an aggressive dog, or they witnessed concerning behavior themselves. Constructive notice means they should have known about the danger if they were being reasonably careful.
For example, if a dog has been acting aggressively at a business for weeks, and employees have seen this behavior but management never addressed it, that could be constructive notice even if no one formally reported the problem.
The Invitee Standard
Most customers and visitors to commercial properties are what the law calls “invitees.” This is the highest level of protection under premises liability law. Property owners owe invitees a duty to:
- Inspect the property for dangers
- Warn about known dangers
- Take reasonable steps to make the property safe
This is different from the duty owed to trespassers or even social guests at someone’s home. Businesses have a higher standard because they’re inviting people onto their property for their own economic benefit.
When Property Owners Can Be Held Liable
So when exactly can you hold a commercial property owner liable for a dog bite? It’s not automatic – you have to prove they were negligent in some way. Here are the most common scenarios where property owners face liability:
Knowledge of Aggressive Dogs
If a property owner knows or should know that a particular dog poses a danger, they have a duty to take reasonable action. This might mean asking the dog owner to remove the animal, restricting where the dog can go on the property, or even banning the dog entirely.
I had a case where a coffee shop owner knew that a regular customer’s dog had snapped at other customers on multiple occasions. Instead of addressing the problem, they just hoped it wouldn’t happen again. When the dog eventually bit someone, the coffee shop was held liable because they knew for a fact about the danger and didn’t do anything about it.
Inadequate Policies and Procedures
Property owners who allow dogs need to have reasonable policies in place and need to enforce those policies. A written policy that’s never enforced might actually be worse than having no policy at all because it shows the property owner knew there were risks but didn’t take them seriously.
Good dog policies typically include requirements for leashes, vaccinations, and behavior standards. They also include procedures for handling violations and training for staff on how to implement the policies.
Failure to Provide Adequate Security
Some commercial properties have a duty to provide security, and this can extend to protecting visitors from dangerous animals. This is more common in places like shopping malls, large retail centers, or entertainment venues where security is part of the expected service.
Allowing Prohibited Dogs
Some properties have policies against certain types of dogs or dogs in certain areas, but they don’t enforce these policies consistently. If they make exceptions and someone gets hurt, they might be liable for not following their own safety rules.
Poor Property Design or Maintenance
Sometimes the property itself contributes to dog bite incidents. Maybe there are blind corners where people and dogs surprise each other, or perhaps the lighting is so poor that people can’t see dogs clearly. These design or maintenance issues can create liability for property owners.
Common Defenses Used by Commercial Property Owners
When you file a premises liability claim against a commercial property owner, they’re going to fight back. Here are the most common defenses they’ll use, and what you need to know about each one:
“We Didn’t Know About the Danger”
This is probably the most common defense. The property owner will claim they had no idea the dog was dangerous and therefore couldn’t have prevented the incident. To overcome this defense, you need to show either actual notice (they literally knew) or constructive notice (they should have known).
Evidence that can help establish notice includes:
- Previous complaints about the dog
- Incident reports from staff
- Witness statements about prior aggressive behavior
- Video surveillance showing concerning behavior
- Records of previous bites or near-misses
“The Dog Owner Is Solely Responsible”
Property owners often try to shift all blame to the dog owner. While the dog owner usually bears primary responsibility, this doesn’t automatically let the property owner off the hook. If the property owner was also negligent, they can be held partially liable even if they weren’t the primary cause of the incident.
“The Victim Provoked the Dog”
This defense claims that the bite victim did something to provoke the attack, such as teasing the dog, making sudden movements, or ignoring the owner’s warnings. Provocation can be a valid defense, but it has to be a big deal. Minor actions like walking past a dog or accidentally startling it usually aren’t enough to count as legal provocation.
“The Victim Assumed the Risk”
Some property owners argue that by choosing to enter a property where dogs are allowed, visitors assume the risk of being bitten. This defense rarely works in commercial settings because businesses can’t just expose customers to unreasonable dangers and then claim the customers assumed the risk.
“We Had Reasonable Policies in Place”
Property owners might argue that they had good policies and procedures, and if these had been followed, the incident wouldn’t have happened. This defense can be tricky because having policies isn’t enough – you also have to enforce them properly and train your staff adequately.
The Role of Insurance in Commercial Dog Bite Cases
Insurance makes commercial dog bite cases both easier and more complicated. Easier because there’s usually coverage available to pay damages. More complicated because you might be dealing with multiple insurance companies with different interests.
Commercial General Liability Insurance
Most commercial properties carry general liability insurance that covers injuries to customers and visitors. These policies typically cover dog bite incidents, but insurance companies will fight hard to minimize their payouts.
The key thing to understand is that insurance companies aren’t on your side, even when their insured is clearly at fault. Their job is to pay as little as possible, and they have teams of lawyers and investigators working to achieve that goal.
Property Owner vs. Tenant Insurance Issues
When a dog bite happens at a commercial property, there might be separate insurance policies for the property owner and the business tenant. Figuring out which policy applies can be complicated, and sometimes the insurance companies will fight with each other about who should pay.
This can actually work in your favor because each insurance company might try to blame the other party, which could mean they accidentally admit fault for their own client in the process.
Umbrella Policies
Many commercial properties carry umbrella insurance policies that provide additional coverage above their primary liability limits. These policies can be super important in serious dog bite cases where medical bills and other damages are really big.
Self-Insured Businesses
Some large commercial property owners are self-insured, meaning they don’t carry traditional insurance policies. Instead, they set aside money to pay claims directly. Dealing with self-insured defendants can be challenging because you’re negotiating directly with the company rather than with an insurance company that handles claims professionally.
Proving Your Premises Liability Case
Winning a premises liability case for a dog bite requires proving several key elements. You can’t just show that you were bitten on someone’s property – you have to prove they were negligent and that their negligence contributed to your injuries.
Establishing the Property Owner’s Duty
First, you need to establish that the property owner owed you a duty of care. This is usually straightforward in commercial settings because customers and business visitors are typically considered invitees, which creates the highest duty of care.
But sometimes it’s not so clear-cut. Were you actually a customer, or were you just passing through? Were you in an area where the public was invited, or did you wander into a restricted area? These details can affect the level of duty the property owner owed you.
Proving Breach of Duty
This is usually the hardest part of a premises liability case. You need to show that the property owner failed to meet their duty of reasonable care. This might involve proving:
- They knew or should have known about the dangerous dog
- They failed to have adequate policies in place
- They didn’t properly train their staff
- They ignored complaints or warning signs
- They failed to take reasonable steps to protect visitors
Causation
You also need to prove that the property owner’s negligence actually contributed to your injuries. This is called causation, and it can be tricky in dog bite cases because the immediate cause of your injuries was the dog, not the property owner.
But if you can show that reasonable action by the property owner would have prevented the incident, you can establish causation. For example, if proper security procedures would have kept the dangerous dog off the property, or if better lighting would have allowed you to avoid the dog, then the property owner’s negligence was a cause of your injuries.
Damages
Finally, you need to prove your damages – the actual harm you suffered as a result of the incident. This includes medical bills, lost wages, pain and suffering, and any other losses directly related to the dog bite.
Keep detailed records of everything related to your injuries and recovery. This includes medical records, bills, correspondence with doctors, time missed from work, and how the injuries have affected your daily life.
Types of Evidence You’ll Need
Building a strong premises liability case requires gathering the right evidence quickly. Some evidence might disappear if you don’t act fast, so it’s super important to know what to look for and how to preserve it.
Incident Reports and Documentation
Most commercial properties have procedures for documenting incidents when they occur. Make sure an incident report is filed, and get a copy if possible. These reports often contain admissions or observations that can be helpful later.
If the property owner claims no report was filed, that might actually be evidence of negligence – most reasonable businesses would document a serious incident like a dog bite.
Witness Statements
Get contact information for anyone who saw the incident or the events leading up to it. Witnesses can provide really important testimony about:
- The dog’s behavior before the attack
- Whether the dog was properly restrained
- How staff responded to the situation
- Previous incidents they might have witnessed
Don’t rely on the property owner to get witness information for you. They might not be motivated to find witnesses whose testimony could hurt their case.
Video Surveillance
Many commercial properties have security cameras that might have captured the incident or the events leading up to it. This evidence can be incredibly valuable, but it might be deleted if you don’t act quickly to preserve it.
Send a formal written request to preserve all video evidence as soon as possible after the incident. This puts the property owner on legal notice that they need to maintain the evidence, and destroying it after receiving such a notice can result in serious legal consequences for them.
Previous Complaints and Incidents
Try to find out if there were previous complaints about the same dog or similar incidents at the property. This information might be in:
- Customer complaint logs
- Employee incident reports
- Online reviews
- Social media posts
- Local animal control records
Property Policies and Procedures
Get copies of the property’s written policies regarding pets and animals. Also look for employee training materials, safety manuals, and any communications about pet policies. Sometimes these documents contain admissions about known risks or inadequate procedures.
Expert Testimony
In complex cases, you might need expert witnesses to explain industry standards, proper security procedures, or dog behavior. Experts can help establish what a reasonable property owner should have done in your situation.
Medical Considerations and Documentation
Dog bites can cause serious injuries that go beyond what’s immediately apparent. Getting the right medical paperwork is super important both for your health and for your legal case.
Immediate Medical Care
Seek medical attention immediately, even if the bite doesn’t seem serious. Dog bites can cause:
- Deep puncture wounds that don’t heal properly
- Bacterial infections
- Nerve damage
- Scarring and disfigurement
- Psychological trauma
Having immediate medical documentation also helps establish the severity of the incident and can counter any claims that your injuries weren’t serious or weren’t caused by the dog bite.
Follow-Up Care and Complications
Many dog bite victims need ongoing medical care for complications that develop later. Common issues include:
- Infections that don’t respond to initial treatment
- Scarring that requires plastic surgery
- Physical therapy for mobility issues
- Psychological counseling for trauma
Keep detailed records of all medical treatment, including appointments you miss due to your injuries. This documentation will be key for proving your damages.
Psychological Impact
Don’t underestimate the psychological impact of a dog attack. Many victims develop:
- Fear of dogs (cynophobia)
- Anxiety in public places
- Post-traumatic stress disorder
- Depression
These psychological injuries are real damages that you can recover for, but you need proper documentation from qualified mental health professionals.
Working with Attorneys in Commercial Dog Bite Cases
Commercial premises liability cases are complex, and you really need an experienced attorney to handle them properly. Here’s what you should know about working with a lawyer on these cases.
Why You Need Legal Representation
Commercial property owners and their insurance companies have teams of lawyers working to minimize their liability. You need someone on your side who understands the law and knows how to build a strong case.
Premises liability law varies significantly from state to state, and the rules can be a bit strange. What seems like obvious negligence to you might not meet the legal standard where you are, or there might be defenses available that you’re not aware of.
What to Look for in an Attorney
Not all personal injury attorneys have experience with premises liability cases, and even fewer have specific experience with commercial dog bite cases. Look for an attorney who:
- Has experience with premises liability cases
- Understands commercial property law
- Has handled dog bite cases before
- Has trial experience (most cases settle, but you want someone who can go to trial if necessary)
- Has the resources to investigate your case properly
At McCormick & Murphy P.C., we’ve been handling complex personal injury cases, including premises liability matters, for over 25 years. With more than 60 years of combined legal experience, Kirk McCormick and Jay Murphy understand how to build strong cases against commercial property owners and their insurance companies.
How Attorney Fees Work
Most personal injury attorneys, including those at McCormick & Murphy, work on a contingent fee basis for these cases. This means you don’t pay attorney fees unless you recover money through settlement or trial.
This arrangement aligns your attorney’s interests with yours – they only get paid if you win. It also means you can afford quality legal representation even if you don’t have money to pay hourly fees upfront.
What Your Attorney Will Do
A good premises liability attorney will:
- Investigate the incident thoroughly
- Gather and preserve all relevant evidence
- Interview witnesses
- Consult with experts when necessary
- Handle all communications with insurance companies and opposing counsel
- Fight for fair compensation for all of your damages
- Take your case to trial if necessary to get you the justice you deserve
They’ll also help you understand the value of your case and make sure you don’t settle for less than you deserve.
Settlement vs. Trial Considerations
Most premises liability cases settle before going to trial, but it’s good to know both options and what might influence which path your case takes.
Why Cases Usually Settle
There are good reasons why most of these cases settle:
- Trials are expensive and time-consuming for both sides
- Outcomes at trial are uncertain
- Settlement allows both sides to control the result
- Settlements are usually faster than going through trial
Insurance companies also prefer to settle cases where their liability exposure is clear because it allows them to control their costs and avoid the risk of a large jury verdict.
When Trial Might Be Necessary
Sometimes trial is the only option to get fair compensation. This might happen when:
- The insurance company refuses to offer reasonable settlement amounts
- There are disputes about who was at fault
- The damages are so severe that the insurance company’s best offer isn’t adequate
- The property owner denies liability entirely
Factors That Affect Settlement Value
Several factors influence how much your case might be worth in settlement:
Strength of Liability Case: How clear is it that the property owner was negligent? Cases with strong liability evidence typically settle for more money.
Severity of Injuries: More serious injuries generally result in higher settlements, but the relationship isn’t always linear. Sometimes moderate injuries that cause ongoing problems can be worth more than seemingly serious injuries that heal completely.
Medical Expenses: Your actual medical bills are usually the starting point for settlement negotiations, but they’re not the ending point.
Lost Income: If your injuries caused you to miss work or affected your earning capacity, this should be included in any settlement.
Pain and Suffering: This is often the largest component of a settlement, but it’s also the most subjective and hardest to calculate.
Future Damages: If you’ll need ongoing medical care or if your injuries will affect you permanently, the settlement should account for these future losses.
The Settlement Process
Settlement negotiations can take months or even years, depending on the complexity of your case. The process typically involves:
- Initial demand letter outlining your case and damages
- Insurance company’s initial response (usually a low offer)
- Back-and-forth negotiations
- Possible mediation with a neutral third party
- Final settlement agreement
Don’t expect the first offer to be fair – insurance companies almost always start low and expect to negotiate upward.
Prevention: What Commercial Property Owners Should Know
If you’re a commercial property owner who allows dogs on your property, there are steps you can take to reduce your liability exposure while still providing a dog-friendly environment for your customers.
Developing Thorough Pet Policies
A good pet policy should address:
- What types of pets are allowed
- Where pets can and cannot go on the property
- Leash and restraint requirements
- Vaccination and health requirements
- Size or breed restrictions (if any)
- Behavior standards
- Consequences for policy violations
The policy should be clearly posted and consistently enforced. Having a policy that you don’t follow can actually increase your liability because it shows you knew there were risks but didn’t take them seriously.
Staff Training
Your employees need to know:
- What your pet policy includes
- How to recognize signs of aggressive or stressed animals
- When and how to approach pet owners about problems
- Who to contact when there’s an incident
- How to document problems and incidents
Staff training should be ongoing, not just a one-time thing. New employees need to be trained, and existing employees need refresher training periodically.
Incident Response Procedures
Have clear procedures for what to do when there’s a dog bite or other pet-related incident:
- Immediate medical attention for injured persons
- Securing the area to prevent further incidents
- Documenting the incident thoroughly
- Contacting appropriate authorities (police, animal control)
- Preserving evidence (video surveillance, witness information)
- Notifying insurance carriers
Quick, appropriate response can help minimize injuries and liability exposure.
Insurance Considerations
Make sure your commercial general liability insurance covers dog bite incidents. Some policies have exclusions for animal-related injuries, so review your coverage carefully.
Consider whether you need additional coverage, such as:
- Higher liability limits for businesses that actively encourage pets
- Umbrella policies for extra protection
- Specific animal liability coverage
Physical Environment
Consider how your property’s design and layout might contribute to incidents:
- Are there blind corners where people and dogs might surprise each other?
- Is lighting adequate for people to see animals clearly?
- Are walkways wide enough to allow people to avoid aggressive dogs?
- Are there designated areas where pets can be separated if needed?
Simple modifications to your property can significantly reduce the risk of incidents.
Special Considerations for Different Types of Businesses
Different types of commercial properties face different challenges when it comes to dog bite liability. Here’s what specific industries should know:
Retail Stores
Retail stores that allow pets need to balance customer service with safety concerns. Key considerations include:
- Clear sight lines so staff can monitor pet behavior
- Wide aisles that allow customers to avoid problematic animals
- Policies about pets in shopping carts or strollers
- Procedures for handling incidents during busy shopping periods
Some retailers have found success with designated “pet hours” when they’re less crowded and can provide more attention to pet-related issues.
Restaurants and Food Service
Restaurants face additional challenges because of health department regulations and the confined nature of dining spaces. Important considerations include:
- Separate entrances or pathways for customers with pets
- Designated pet-friendly seating areas
- Policies about pets near food preparation or service areas
- Staff training on health code requirements as well as safety issues
Remember that service animals have different legal protections than pets, and you need to understand the distinction.
Hotels and Lodging
Hotels have unique challenges because pets are staying overnight in confined spaces with many other guests. Consider:
- Pet-friendly room locations (away from high-traffic areas)
- Soundproofing considerations for barking or other noise
- Housekeeping safety procedures
- Common area policies and restrictions
- Emergency procedures for aggressive animals
Some hotels require pet deposits or additional insurance from guests with pets.
Entertainment Venues
Outdoor concerts, festivals, and farmers markets often allow dogs, creating crowded situations where incidents are more likely to happen. These venues have special challenges because they’re dealing with large crowds, temporary setups, and often multiple vendors or participants who might bring dogs.
The Role of Animal Control and Law Enforcement
When a dog bite occurs on commercial property, animal control and law enforcement agencies often get involved. Understanding their role can help both property owners and bite victims.
Animal Control Responsibilities
Animal control officers typically:
- Investigate the circumstances of the bite
- Determine if the dog poses an ongoing threat
- Check vaccination records and quarantine requirements
- Document the incident for legal purposes
- May remove dangerous animals from the property
Their reports can be valuable evidence in a premises liability case, but remember that animal control focuses on public safety, not legal liability.
Police Involvement
Police might get involved if:
- The bite is serious enough to require emergency medical care
- There are criminal law violations (like allowing a known dangerous dog in public)
- The property owner or dog owner refuses to cooperate with animal control
- There are disputes about what happened
Police reports can provide objective documentation of the incident and the immediate aftermath.
Working with Authorities
If you’re a bite victim:
- Cooperate fully with animal control and police investigations
- Make sure you give a complete statement about what happened
- Get copies of all reports when they’re available
- Provide your attorney with all documentation from authorities
If you’re a property owner:
- Cooperate with investigations while protecting your legal interests
- Document your cooperation and compliance with any orders
- Contact your insurance company and attorney promptly
- Don’t make statements that could be interpreted as admissions of liability
Understanding Your State’s Laws
Dog bite and premises liability laws vary significantly from state to state. Here in Colorado, where McCormick & Murphy practices, we have specific laws that affect these cases.
Colorado’s Dog Bite Statute
Colorado has a “strict liability” dog bite statute, which means dog owners are liable for bites even if they didn’t know their dog was dangerous. However, this statute primarily applies to dog owners, not necessarily property owners.
For property owners, liability usually falls under general premises liability law, which requires proving negligence rather than strict liability.
Comparative Negligence
Colorado follows a “modified comparative negligence” rule. This means that if you’re partially at fault for your own injuries, your recovery can be reduced by your percentage of fault. However, if you’re more than 50% at fault, you can’t recover anything.
This can affect dog bite cases where there are questions about whether the victim provoked the attack or ignored obvious warning signs.
Statute of Limitations
In Colorado, you generally have two years from the date of the incident to file a lawsuit for a dog bite injury. This might seem like a long time, but it can go by quickly when you’re dealing with medical treatment and recovery.
Don’t wait until the last minute to consult with an attorney. Evidence can disappear, witnesses can forget details, and your attorney needs time to investigate your case properly.
Municipal Ordinances
Many Colorado cities and counties have their own ordinances about dogs and animal control. These local laws can affect liability, especially if they create specific duties for property owners or establish standards for pet policies.
For example, some municipalities have leash laws that apply on commercial property, while others have specific requirements for businesses that allow pets.
Insurance Bad Faith Issues
Sometimes insurance companies don’t handle dog bite claims properly, which can lead to more legal problems beyond the original premises liability case.
What Is Insurance Bad Faith?
Insurance bad faith occurs when an insurance company fails to properly investigate, evaluate, or pay a legitimate claim. This can include:
- Refusing to investigate obvious liability
- Delaying payment without good reason
- Offering unreasonably low settlements
- Misrepresenting policy terms or coverage
At McCormick & Murphy, we have extensive experience with insurance bad faith cases and understand how these issues can complicate premises liability claims.
Common Bad Faith Tactics in Dog Bite Cases
Insurance companies might engage in bad faith by:
- Claiming the bite wasn’t serious despite clear medical evidence
- Arguing that their insured had no notice of danger when evidence shows otherwise
- Refusing to acknowledge clear policy violations by their insured
- Delaying investigations to pressure victims into quick, low settlements
Consequences of Bad Faith
When an insurance company acts in bad faith, they might be liable for damages beyond the original claim, including:
- Attorney fees and costs
- Additional damages for delay
- Punitive damages in extreme cases
- Interest on delayed payments
Bad faith claims can significantly increase the value of your case, but they require specialized legal know-how to win.
The Emotional Impact of Dog Attacks
Dog attacks can have lasting psychological effects that are often overlooked in the legal process. It’s really important to understand and address these impacts as part of your recovery and your legal case.
Common Psychological Reactions
Many dog bite victims experience:
- Fear of dogs (cynophobia)
- Anxiety in public places where dogs might be present
- Nightmares or flashbacks about the attack
- Depression related to physical injuries or lifestyle changes
- Social isolation if the fear affects daily activities
These reactions are normal and treatable, but they’re also real damages that should be included in any legal claim.
Impact on Children
Children are particularly vulnerable to the psychological effects of dog attacks. They might:
- Develop generalized fears that extend beyond dogs
- Have difficulty sleeping or concentrating
- Show behavioral changes at school or home
- Need ongoing therapy to process the trauma
If your child was the victim of a dog bite, make sure to get appropriate psychological evaluation and treatment, both for their wellbeing and for your legal case.
Treatment and Documentation
If you’re experiencing psychological effects from a dog attack:
- Seek treatment from qualified mental health professionals
- Keep records of all therapy sessions and treatments
- Document how the psychological effects impact your daily life
- Don’t minimize these effects when talking to insurance companies or attorneys
Psychological damages can be a significant part of your overall claim, especially in cases involving severe attacks or child victims.
Working with Medical Professionals
The medical aspects of your dog bite case are super important both for your health and for proving your legal claim. Here’s how to work effectively with healthcare providers:
Immediate Medical Care
Even if your injuries don’t seem severe, get medical attention promptly. Dog bites can cause:
- Infections that aren’t immediately apparent
- Nerve or muscle damage that develops over time
- Scarring that becomes more prominent as wounds heal
Having immediate medical documentation also helps establish the severity of the attack and can counter insurance company arguments that your injuries weren’t serious.
Choosing the Right Specialists
Depending on your injuries, you might need care from:
- Emergency room physicians for immediate treatment
- Plastic surgeons for scarring or disfigurement
- Orthopedic surgeons for bone or joint injuries
- Neurologists for nerve damage
- Infectious disease specialists for complicated infections
- Mental health professionals for psychological trauma
Don’t hesitate to seek specialist care if your primary doctor recommends it. Proper treatment is important for your health, and specialist opinions can be valuable for your legal case.
Documenting Your Treatment
Keep detailed records of:
- All medical appointments and treatments
- Medications prescribed and their effects
- Physical therapy or rehabilitation sessions
- How your injuries affect your daily activities
- Work or activities you can’t do because of your injuries
This documentation will be key for proving your damages in any legal claim.
Communicating with Insurance Companies
Be careful about what you say to insurance companies about your medical treatment:
- Don’t minimize your injuries or pain
- Don’t speculate about how long recovery will take
- Don’t agree to independent medical examinations without consulting your attorney
- Don’t sign medical record releases without understanding what they cover
Insurance companies will use anything you say to minimize their payouts, so it’s usually best to let your attorney handle these communications.
Financial Considerations and Damages
Understanding the different types of damages available in dog bite cases can help you make informed decisions about settlement offers and legal strategy.
Economic Damages
These are damages with specific dollar amounts that can be calculated objectively:
Medical Expenses: This includes all treatment related to your injuries, from emergency room visits to ongoing therapy. Keep in mind that you can recover for future medical expenses if you’ll need ongoing treatment.
Lost Wages: If you missed work because of your injuries, you can recover your lost income. This includes not just wages, but also benefits, bonuses, and other compensation you would have received.
Lost Earning Capacity: If your injuries permanently affect your ability to work or earn money, you can recover for this future loss. This is different from lost wages and can be much more significant in cases involving permanent disabilities.
Property Damage: If your clothing, glasses, or other personal property was damaged in the attack, you can recover the cost to repair or replace these items.
Non-Economic Damages
These damages don’t have specific dollar amounts and are more subjective:
Pain and Suffering: This includes both physical pain and emotional distress caused by your injuries. Pain and suffering damages can be substantial, especially in cases involving permanent injuries or psychological trauma.
Disfigurement and Scarring: If the dog bite left permanent scars or disfigurement, you can recover additional damages for these effects. The location and visibility of scars can significantly affect their value.
Loss of Enjoyment of Life: If your injuries prevent you from enjoying activities you used to love, you can recover damages for this loss. This might include sports, hobbies, or social activities that you can no longer participate in.
Emotional Distress: The psychological impact of a dog attack can be severe and long-lasting. These damages are separate from physical pain and suffering and can be substantial in cases involving significant trauma.
Calculating Damages
There’s no magic formula for calculating damages in dog bite cases. Insurance companies and attorneys consider factors like:
- The severity and permanence of your injuries
- Your age and life expectancy
- Your income and earning capacity
- The impact on your daily life and relationships
- The strength of the liability case against the defendants
This is why it’s important to work with an experienced attorney who understands how to properly value these cases.
Special Damages Considerations
Some situations can affect the calculation of damages:
Pre-existing Conditions: If you had medical conditions before the dog bite, the defendants might argue that some of your damages are related to pre-existing problems rather than the attack. However, if the dog bite aggravated pre-existing conditions, you can still recover for that aggravation.
Failure to Mitigate Damages: You have a duty to take reasonable steps to minimize your damages. This means following your doctor’s treatment recommendations and not unreasonably refusing medical care. Failure to mitigate can reduce your recovery.
Collateral Source Rule: In most states, the amount you recover isn’t reduced by insurance payments or benefits you receive from other sources. For example, if your health insurance paid your medical bills, you can still recover the full amount of those bills from the defendants.
Dealing with Multiple Defendants
Commercial dog bite cases often involve multiple potential defendants, which can complicate both the legal and practical aspects of your case.
Common Multiple Defendant Scenarios
You might have claims against:
- The dog owner
- The commercial property owner
- The property management company
- The business tenant where the incident occurred
- Security companies responsible for the property
- Event organizers if the bite occurred during a special event
Each of these defendants might have different insurance policies, different levels of fault, and different defenses to your claim.
Advantages of Multiple Defendants
Having multiple defendants can actually help your case in several ways:
- More insurance coverage available to pay damages
- Defendants might blame each other, which could mean they accidentally admit fault
- Different defendants might have different evidence or witnesses
- More pressure to settle rather than risk trial
Complications with Multiple Defendants
However, multiple defendants also create complications:
- More lawyers and insurance companies to deal with
- Longer and more complex litigation
- Disputes between defendants about who should pay what
- Potential for some defendants to settle while others go to trial
Joint and Several Liability
In many states, including Colorado, defendants can be “jointly and severally liable” for your damages. This means you can collect your full judgment from any defendant who has the ability to pay, regardless of their percentage of fault.
For example, if the dog owner is 70% at fault and the property owner is 30% at fault, but the dog owner has no money or insurance, you might be able to collect 100% of your damages from the property owner.
Contribution and Indemnification
Defendants often have legal claims against each other for contribution (sharing the cost of damages based on fault) or indemnification (one defendant paying all damages and then seeking reimbursement from others).
These claims between defendants usually don’t affect your right to recover, but they can complicate settlement negotiations and trial strategy.
The Discovery Process in Commercial Dog Bite Cases
If your case doesn’t settle early, you’ll go through a legal process called “discovery” where both sides investigate the facts and gather evidence for trial.
Types of Discovery
Interrogatories: These are written questions that the other side must answer under oath. In a dog bite case, interrogatories might ask about:
- The property’s pet policies and procedures
- Previous incidents involving dogs on the property
- Staff training related to animal safety
- Insurance coverage and limits
Requests for Production: These requests ask the other side to provide documents and other evidence. You might request:
- Incident reports and complaint logs
- Security camera footage
- Employee training materials
- Insurance policies and correspondence
- Previous lawsuits involving similar incidents
Depositions: These are sworn interviews where attorneys can ask questions and get immediate answers. Key people who might be deposed include:
- The dog owner
- Property managers and employees
- Witnesses to the incident
- Medical experts
- You (the plaintiff)
What to Expect During Discovery
Discovery can take several months or even years in complex cases. The process can be frustrating because:
- The other side might fight to avoid producing damaging evidence
- Depositions can be stressful and time-consuming
- You might have to undergo medical examinations by the defendants’ doctors
- The costs of litigation can mount up
However, discovery is also where many cases get resolved because both sides finally understand the strength of the evidence and the likely outcome at trial.
Your Role in Discovery
Your attorney will handle most of the discovery process, but you’ll need to:
- Provide complete and accurate information in response to questions
- Help locate and organize documents and evidence
- Prepare for your deposition testimony
- Attend medical examinations arranged by the defendants
- Stay involved in strategic decisions about your case
Be honest with your attorney about everything related to your case. Surprises that come out during discovery can seriously damage your claim.
Expert Witnesses in Dog Bite Cases
Complex commercial dog bite cases often require expert witnesses to explain technical issues to judges and juries.
Types of Experts
Animal Behavior Experts: These experts can testify about:
- Whether the dog’s behavior before the attack showed signs of aggression
- What a reasonable dog owner should have known about their pet’s temperament
- Whether the attack was provoked or unprovoked
- Industry standards for handling dogs in commercial settings
Property Management Experts: These experts focus on:
- Industry standards for commercial property safety
- Whether the property owner’s policies and procedures were adequate
- What reasonable steps should have been taken to prevent the incident
- How similar properties handle dog-related risks
Medical Experts: Doctors and other medical professionals might testify about:
- The severity and permanence of your injuries
- The need for future medical treatment
- How the injuries affect your daily life and work capacity
- The psychological impact of the attack
Economic Experts: These experts calculate financial damages, including:
- Lost wages and benefits
- Future earning capacity
- The cost of future medical care
- The economic impact of permanent disabilities
When Experts Are Needed
Not every case needs expert witnesses, but they’re often helpful when:
- The defendants claim their actions were reasonable under the circumstances
- There are disputes about the severity or permanence of injuries
- The case involves complex property management or security issues
- Future damages are a significant part of the claim
Working with Experts
Your attorney will select and work with expert witnesses, but you might need to:
- Provide information and documents to the experts
- Meet with experts to help them understand your case
- Attend expert examinations or evaluations
- Help prepare experts for their testimony
Good expert witnesses can make the difference between winning and losing a complex case, but they also add to the cost and complexity of litigation.
Trial Considerations
While most dog bite cases settle, some do go to trial. Understanding what’s involved can help you make informed decisions about settlement offers.
Jury Selection
In a jury trial, both sides will participate in selecting jurors who can fairly evaluate your case. In dog bite cases, potential jurors might be asked about:
- Their experiences with dogs
- Whether they’ve been involved in similar incidents
- Their attitudes toward pet ownership and responsibility
- Their views on business liability and personal responsibility
Presenting Your Case
At trial, your attorney will present evidence to prove:
- The defendants were negligent
- Their negligence caused your injuries
- The extent of your damages
This might involve:
- Testimony from you and other witnesses
- Medical records and expert testimony about your injuries
- Evidence about the defendants’ policies and actions
- Documentation of your financial losses
Defending Against the Other Side
The defendants will try to show:
- They weren’t negligent
- Any negligence didn’t cause your injuries
- Your damages aren’t as severe as you claim
- You contributed to causing the incident
Be prepared for the defendants to present a very different version of events than what you remember.
Advantages and Disadvantages of Trial
Advantages of going to trial:
- Potential for larger recovery than settlement offers
- Public vindication of your position
- Establishing legal precedent for similar cases
- Forcing defendants to take responsibility publicly
Disadvantages of trial:
- Uncertain outcomes – you might lose entirely
- Higher costs and attorney fees
- Longer time to resolution
- Stress and publicity of public trial
- Risk of appeal if you win
Making the Decision
The decision whether to settle or go to trial should be based on:
- The strength of your case
- The adequacy of settlement offers
- Your personal tolerance for risk and stress
- The advice of your experienced attorney
- Your financial situation and need for immediate resolution
This is one of the most key decisions in your case, and you should make it with full understanding of the risks and benefits of each option.
Recent Trends and Changes in the Law
The law around commercial dog bite liability continues to evolve as more businesses become pet-friendly and courts deal with new situations.
Increase in Pet-Friendly Businesses
The trend toward pet-friendly commercial places has created new risks that many businesses don’t fully understand. Courts are still developing standards for what counts as reasonable care in these new environments.
Service Animal vs. Pet Distinctions
The law treats service animals differently from pets, and businesses need to understand these distinctions. Service animals have broader access rights, but they also have different behavioral standards and legal protections.
Technology and Evidence
Security cameras and social media are creating new types of evidence in dog bite cases. Surveillance footage can provide objective evidence of incidents, while social media posts might show prior aggressive behavior or contradictory statements by the parties.
Insurance Coverage Issues
As dog bite claims increase, some insurance companies are trying to limit their exposure through policy exclusions or coverage restrictions. This can affect both property owners seeking coverage and victims trying to recover damages.
Municipal Liability
Some cases are exploring whether cities and counties can be liable for dog bites on public property or when they fail to enforce animal control ordinances adequately.
Prevention and Risk Management
Whether you’re a property owner or just someone who visits commercial places, understanding risk factors can help prevent incidents.
For Property Owners
Develop thorough pet policies: Don’t just allow pets without thinking through the implications. Have clear, written policies that address behavior standards, areas where pets are allowed, and consequences for violations.
Train your staff: Employees need to know how to recognize problem situations and how to respond appropriately. This includes understanding the difference between service animals and pets.
Maintain your property: Good lighting, clear sight lines, and enough space can help prevent incidents by allowing people and animals to see and avoid each other.
Document everything: Keep records of incidents, complaints, and policy violations. This documentation can help you identify patterns and take preventive action.
Review your insurance: Make sure your coverage is sufficient and understand any exclusions or limitations related to animal incidents.
For Visitors and Customers
Be aware of your surroundings: Pay attention to dogs in commercial places and watch for signs of stress or aggression.
Ask before approaching: Never approach or pet someone else’s dog without permission, especially in commercial settings where the animal might be stressed.
Give space: If you see a dog that seems agitated or aggressive, give it plenty of room and alert staff if necessary.
Follow posted rules: If a business has posted pet policies, follow them. They’re usually there for good reasons.
Trust your instincts: If something doesn’t feel right about a situation involving a dog, remove yourself from the area and seek help if needed.
What to Do If You’re Involved in a Commercial Dog Bite Incident
If you’re bitten by a dog on commercial property, here’s what you should do to protect both your health and your legal rights:
Immediate Steps
- Get medical attention: Even if the bite doesn’t seem serious, see a doctor promptly. Dog bites can cause infections and other complications that aren’t immediately apparent.
- Report the incident: Make sure the property owner or manager knows what happened and ask that an incident report be filed.
- Document everything: Take photos of your injuries, the location where the incident occurred, and the dog if it’s still present. Get contact information for witnesses.
- Get information about the dog: Find out who owns the dog, whether it’s current on vaccinations, and whether there have been previous incidents.
- Contact animal control: Report the incident to local animal control authorities, who can investigate and take appropriate action regarding the dog.
Follow-Up Actions
- Keep detailed records: Document all medical treatment, expenses, time missed from work, and how the injuries affect your daily life.
- Don’t give recorded statements: Insurance companies might contact you quickly asking for recorded statements. It’s usually better to refer them to your attorney.
- Preserve evidence: Ask the property owner to preserve any security camera footage and maintain the scene as it was during the incident.
- Consult with an attorney: Commercial dog bite cases can be complex, and you’ll want experienced legal advice about your options.
- Follow medical advice: Complete all recommended treatment and follow-up care, both for your health and to avoid insurance company arguments that you failed to mitigate your damages.
How McCormick & Murphy Can Help
At McCormick & Murphy P.C., we understand how overwhelming it can be to deal with a serious dog bite injury while also trying to handle complex legal issues involving commercial property owners and insurance companies. That’s why we’re here to help.
Our Experience
Kirk McCormick and Jay Murphy have been practicing personal injury law since 1990, and they formed their partnership in 1995. With over 60 years of combined legal experience, they’ve handled thousands of personal injury cases, including complex premises liability matters involving commercial properties.
We understand the unique challenges that commercial dog bite cases present. These cases often involve multiple defendants, complex insurance coverage issues, and businesses that are more concerned about their liability exposure than about doing the right thing for injured victims.
Our Approach
We believe that every client deserves personal attention and dedicated advocacy. When you work with us, you’re not just another case file. We take the time to understand how your injuries have affected your life, and we work tirelessly to get you the compensation you deserve.
We handle most personal injury cases on a contingent fee basis, which means you don’t pay attorney fees unless we recover money for you through settlement or trial. This allows you to get quality legal representation without worrying about upfront costs while you’re dealing with medical bills and lost income.
What We’ll Do for You
When you hire McCormick & Murphy to handle your commercial dog bite case, we’ll:
- Conduct a thorough investigation of the incident
- Gather and preserve all relevant evidence
- Interview witnesses and consult with experts when necessary
- Handle all communications with insurance companies and opposing counsel
- Fight for fair compensation for all of your damages
- Take your case to trial if necessary to get you the justice you deserve
Getting Started
If you’ve been bitten by a dog on commercial property, don’t wait to get legal help. Evidence can disappear, witnesses can forget important details, and there are legal deadlines that must be met.
Contact us today for a free consultation about your case. We’ll listen to what happened, explain your legal options, and help you understand what to expect from the legal process. You can reach us at (888)-668-1182, or visit our office at 301 N Main St, Pueblo, CO 81003.
You can also find more information about our experience and client reviews through our professional services profile, or get directions to our office through Google Maps.
Final Thoughts
Dog bite incidents on commercial property can have serious, long-lasting consequences for victims and their families. The physical injuries are often just the beginning – many victims also deal with psychological trauma, financial hardship, and frustration with insurance companies that seem more interested in protecting their bottom line than in helping injured people.
But you don’t have to face these challenges alone. The law provides protections for people who are injured due to the negligence of commercial property owners, and experienced attorneys can help you understand and enforce your rights.
Remember that commercial property owners have a duty to keep their places reasonably safe for visitors. When they allow dogs on their property, they take on additional responsibilities to prevent foreseeable injuries. If they fail in these duties and someone gets hurt, they should be held accountable.
Every case is different, and the law in this area continues to evolve as more businesses become pet-friendly. That’s why it’s so key to work with attorneys who understand both the legal principles involved and the practical challenges of handling these complex cases.
If you or someone you love has been injured in a dog bite incident on commercial property, don’t hesitate to seek legal advice. Most personal injury attorneys, including those at McCormick & Murphy, offer free consultations where you can learn about your rights without any financial commitment.
The most crucial thing is to take action quickly to protect your health and your legal rights. Get medical attention, document what happened, and consult with an experienced attorney who can guide you through the process and fight for the compensation you deserve.
You didn’t ask to be injured, and you shouldn’t have to bear the financial and emotional costs of someone else’s negligence. With the right legal help, you can focus on your recovery while your attorney handles the complex legal issues and fights for the justice you deserve.
Commercial dog bite cases aren’t easy, but they’re not impossible either. With proper legal representation, thorough investigation, and persistence, many victims are able to recover fair compensation for their injuries and move forward with their lives. That’s what the legal system is designed to do – provide a way for people who are wrongfully injured to get the help they need to rebuild and recover.
Don’t let the complexity of these cases discourage you from seeking the help you deserve. The law is on your side, and experienced attorneys are available to guide you through the process and fight for your rights every step of the way.
