Dog Bites & Specialized Case Screening

Beyond auto accidents and premises liability, Zara Injury Law handles several specialized practice areas that require unique screening approaches. This section covers dog bites, medical malpractice, product liability, nursing home abuse, birth injuries, and wrongful death.

Dog Bite Screening

Colorado is one of the best states for dog bite victims because of its strict liability statute (C.R.S. § 13-21-124). Under this law, a dog owner is liable for injuries caused by their dog regardless of whether:

The owner knew the dog was dangerous
The dog had ever bitten anyone before
The owner took precautions to prevent the bite

This makes dog bite cases in Colorado relatively straightforward from a liability standpoint. The key intake questions are:

Owner identification: "Do you know who owns the dog?" This is the most critical question. Without an identified owner, there's no one to recover from. Get the owner's name, address, and phone number if known.
Location of the bite: "Where did the bite happen?" (The owner's property, a public park, the caller's own home, etc.) This can affect liability analysis and identify additional responsible parties (a landlord who allowed a dangerous dog, a property owner who failed to enforce leash rules).
Severity of injury: "How serious was the bite?" (Puncture wounds, lacerations requiring stitches, broken bones, nerve damage, infection, scarring, disfigurement) Ask about facial bites specifically — these have higher case values due to scarring and psychological impact.
Medical treatment: "Did you go to the hospital or see a doctor?" "Were you given antibiotics?" "Did you need stitches or surgery?" "Have you had any plastic surgery or will you need it?"
Animal control report: "Was the bite reported to animal control?" "Was the dog quarantined?" Get the report number if available.
Bite history: "Do you know if this dog has bitten anyone before?" A prior bite history can support additional claims and potentially punitive damages.
Homeowner's insurance: Most dog bite claims are covered by the owner's homeowner's or renter's insurance policy. Confirm: "Does the dog owner own or rent their home?"
Provocation defense: The one major defense in Colorado dog bite cases is provocation — was the caller teasing, tormenting, or provoking the dog? Ask: "What were you doing when the dog bit you?" Document the circumstances objectively.

Children and Dog Bites: A large percentage of dog bite victims are children. When screening a call about a child's dog bite: (1) The parent or guardian will be the caller — confirm their relationship to the child, (2) Ask about the child's age — younger children receive higher non-economic damage awards, (3) Ask about facial injuries and scarring — children's scarring cases have high value due to lifetime impact, (4) Ask about psychological effects — has the child developed a fear of dogs?

Medical Malpractice Screening

Medical malpractice cases are complex, expensive to litigate, and require expert review. Your job during intake is to gather the basic facts — the attorney and medical experts will determine viability.

The provider: "Who was the healthcare provider?" (Hospital, doctor name, specialty, clinic name)
The treatment: "What procedure or treatment were you receiving?"
What went wrong: "In your own words, what happened that you believe was wrong?" Listen carefully — the caller doesn't need to know the legal standard, but their narrative reveals the key facts.
The injury: "What injuries or harm resulted?" (Additional surgeries, worsened condition, permanent damage, death)
Timeline: "When did this happen?" Colorado's medical malpractice statute of limitations is 2 years from discovery (when you knew or should have known about the malpractice), with an absolute 3-year statute of repose from the act itself.
Certificate of review: Note for your own knowledge — Colorado requires a certificate of review from a medical expert before a med mal lawsuit can be filed. You don't need to mention this to the caller.

Product Liability Screening

The product: "What product caused your injury?" (Exact product name, brand, model number if known)
The manufacturer: "Who makes this product?" "Where did you buy it?"
What happened: "How did the product cause your injury?" (It broke, malfunctioned, exploded, had a sharp edge, lacked safety warnings)
Modification or misuse: "Was the product being used as intended?" "Had it been modified or altered?" (These are defenses the manufacturer will raise)
Product preservation: "Do you still have the product?" Critical: Tell the caller to keep the product exactly as-is. Do not repair, discard, or alter it. It's evidence.
Recall check: Note — the attorney can check whether the product has been recalled, but if the caller mentions a recall, document it.

Nursing Home Abuse/Neglect Screening

The facility: "Which nursing home or assisted living facility?" (Full name and location)
The resident: "Who is the resident?" "What is your relationship to them?"
Signs of abuse/neglect: "What have you observed?" Common indicators: unexplained bruises, bedsores (pressure ulcers), sudden weight loss, dehydration, soiled clothing/bedding, medication errors, untreated infections, falls, emotional withdrawal, fear of staff
Reporting: "Have you reported this to the facility?" "Have you contacted the state health department?" "Have you filed a complaint with Adult Protective Services?"
Documentation: "Have you taken photographs?" "Do you have medical records showing the condition?" Encourage the caller to document everything.

Birth Injury Screening

The diagnosis: "What is the child's diagnosis?" Common birth injuries: cerebral palsy, Erb's palsy (brachial plexus injury), brain damage from oxygen deprivation (HIE — hypoxic ischemic encephalopathy), skull fractures from forceps, shoulder dystocia injuries.
Birth circumstances: "Were there complications during delivery?" "Was it a vaginal delivery or C-section?" "Was there an emergency during delivery?" "Was the baby's heart rate monitored?"
Delayed C-section: A common malpractice claim — the medical team failed to perform a timely C-section when signs of fetal distress were present.
Statute of limitations: Birth injury cases have extended statutes of limitation for minors. In Colorado, the minor may have until age 20 to file in some circumstances. The attorney will advise on this.
Case value: Birth injury cases involving permanent conditions like cerebral palsy are among the highest-value cases due to lifetime care costs. These are always priority intakes.

Wrongful Death Screening

How did the person die: "What happened?" (Auto accident, medical malpractice, workplace incident involving third-party negligence, product defect, premises liability — any of our practice areas can result in a wrongful death claim)
Who is calling: "What is your relationship to the person who passed away?" Colorado wrongful death claims can be brought by: (1) surviving spouse (first year), (2) surviving spouse AND children (first year), (3) designated beneficiary by will, or (4) parents (if no spouse or children).
Statute of limitations: 2 years from the date of death (not the date of the injury that caused death). This is shorter than the standard PI SOL.
Criminal proceedings: "Is there a criminal case related to this death?" (DUI manslaughter, for example) A criminal case doesn't prevent a civil wrongful death claim — they run in parallel.
Sensitivity: These are the most emotionally intense calls you'll handle. The caller is grieving. Lead with extended compassion. There is no rush.

Specialized Case Priority: When you screen a potential medical malpractice, birth injury, nursing home abuse, or wrongful death case — regardless of whether it seems strong or weak — always schedule an attorney consultation. These case types are too complex and too high-value for intake-level screening to determine viability. Capture the basics and get it to an attorney.