Dog attacks: Who’s responsible, what’s the protocol?
Following the news of dogs put down after an attack in eastern El Paso County, KRDO is looking into the protocol of animal liability.
Monday, several Great Danes that reportedly attacked four children in Rush have been put down. The sheriff’s office says the dogs attacked the children Saturday night while their mother went to check on other animals.
Under supervision from the El Paso County Sheriff’s Office, the dogs were impounded at the humane society. When an animal is impounded, the owner has a few options depending on circumstances.
The first option is for the pet owner to pay a monthly cost to keep ownership on a month by month basis.
“If they post that money that it takes to take care of that dog, the animal remains their property for 30 day. But when that 30 days expires, they will need to post a second cost of care for the remainder of their case,” said Joe Stafford, director of animal law enforcement.
The second option a pet owner has is to contest the reason their animal was impounded.
“They have the right to request a hearing in court in front of a judge. The judge will hear all the facts and determine if there was probable cause to impound the dog,” said Stafford.
The third option is for the pet owner to relinquish ownership of their pet.
“In the Rush case, the owner did choose to relinquish ownership to the humane society and, given the circumstances, euthanasia was the outcome for the Great Danes,” said Stafford.
The court ordered for the dogs to be euthanized after they attacked four children.
“If there is serious bodily injury against someone, the court has the authority to order that. It’s a sad, terrible occurrence because usually, it’s not the animals fault,” said Stafford.
In almost every case, the dog owner is liable if their pet bites or attacks someone else.
“Any dog owner can be held for general negligence and be liable when their dog causes serious bodily harm to someone,” said Colorado Springs attorney Mike McDivitt.
McDivitt says there are few exceptions.
“If the individual who got hurt was not lawfully on the premises of the owner. Or if the owner has posted signs beware of dog or no trespassing,” said McDivitt.
The owner of the dogs, Michael Ingersoll, is charged with unlawful ownership of a dangerous dog, which is a misdemeanor.
“The individual owner is going to have a slap on the wrist, and I think it should be a more severe penalty for that then just a misdemeanor,” said McDivitt.
This case is still under investigation. Three of the four children underwent surgery and are recovering.
