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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 118789
Experience:  Attorney experienced in commercial litigation.
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I had a situation where my dog got off her leash and scared

Customer Question

I had a situation where my dog got off her leash and scared a girl (mid 20's) who fell on her elbow. She reported the incident to the Aurora police and to animal protection and we were contacted by both. I believe because our dog did not bite or make contact
with her there were no additional ramifications other than being contacted by both agencies. She is requesting compensation for her xrays and doctors visit in the amount of $350 which I am willing to pay. How can I phrase it so that if she agree to accept
my check for her doctors bills that there can be no further legal claims or monetary compensation relating to this incident? Not sure if it matters but we live in Colorado and our dog is a Rottweiler (about 2 years old). Thanks Pat
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under CO law, if the injury was not serious, the person has to prove you were negligent in letting the dog off of the leash and as a result of the negligence the dog caused her injury. See: Snow v. Birt, 968 P.2d 177 (Colo.App. 10/29/1998). The fact that the dog was not on the leash, contrary to law, can be considered negligence per se, making you liable for the damages as you failed to keep your dog leashed and under your physical control. See: Lui v. Barnhart, 987 P.2d 942 (Colo.App. 08/19/1999) and Downing v. Lillibridge, 566 P.2d 714, 39 Colo. App. 231 (Colo.App. 04/21/1977).
You need to word your release to say:
In exchange for payment of $X, which her name, agrees is proper and sufficient in light of the claims, her name agrees to release and hold harmless your name for any further damages and waives the right to any further claims against your name for any damages known or unknown arising from the incident involving your name's ***** ***** occurred on X date.
That would release you from further damages to her.