Legal Question in Personal Injury in Colorado

I rent out an apartment in a home, the lady whom owns the home watches my dog (boston terrior) when I am away for a fee. While I was away over labor day weekend I left my dog in her care, she decided to have a small party with some friends(Sept. 4). One friend brought a small old (12 yrs) bichon. My dog is two and very energetic, playful, and jumpy, does not know his strength. I do not know the real story as to my being gone, but I always tell my land lord to put my dog away in my apartment if she needs to or wants to and I told her to watch him if she had lots of people over and to be cautios with other dogs. According to my land lord, who told me what happened a week and half after I had been home, my dog barrleed over this little dog and the little dog was not using his leg for the rest of the day, that was it. Then as my return home from work yesterday(sept.23)I received an intimidating, aggressive, guilt trip letter from this lady that I have never met saying that my dog was showing aggressive behavior towards her and her dog and that he attacked her dog. Since that attack her dog can not use his leg anymore and after almost three weeks she took him to the vet and was told that her dog may need a 700$ surgery and she is holding me liable for all of the vet bills and that her dog is old and may now die. My question is how liable am I when I leave my dog in the responsibilty of another person, whom I did pay to care for him. Also how liable is this claim after three weeks,many things can happen in that time period. I understand my dog knocked this dog over from jumping, but if he showed aggressive behavior in his home why did they not take the protective measures and put my dog away or pick up their dog before something happened, is that somewhat her fault. Please help with these questions, Ifg I am liable I will do what I have to and pay the bills, but it just seems like an odd situation. I was not even there. The lady whoms dog my dog "attacked" is also a lawyer and will not hesitate to take me to court, but I will not hesitate to argue either as to the fact that I feel she should of contacted me sooner then three weeks and in a nice manner. Thank you for your time. Sarah Miller


Asked on 9/24/10, 8:58 am

1 Answer from Attorneys
Linda Chalat Chalat Hatten Koupal & Banker P.C.

Given the facts you provide, I do not believe a jury would find you responsible for any injury to the older dog. The first argument against holding you liable is assumption of risk, the visitor knew there was a young dog present and allowed her dog to interact with your dog, thus she assumed the risk of injury to her dog. Your dog was not aggressive and did not attack her dog, so there is no claim for owning a dangerous dog. And if there are grounds for liability, then the care-provider responsible for your dog at the time, your landlord, would be the responsible party � not you.

As a practical matter, the owner of the older dog can write as many letters as she wishes, there is no legal obligation on your part to pay anything. If she files a small claims action and serves you with a summons and complaint, then you will need to prepare your defense. But typically people lose steam and do not follow through with filing a legal action for this type of matter. Good luck.

The information provided to you in this answer is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation if you have further questions.

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Answered on 9/29/10, 1:09 pm


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