Dog Bite Lawyer
Dog Bite Lawyer | A Dog Bit Me In Arizona. Now What?
In Arizona, the dog’s owner is held responsible for the first bite, no matter the breed. Some common questions include whether a dog gets “one free bite“, whether the dog’s breed (i.e. pit bull) matters, or whether the owner had knowledge the dog (dangerous dog) would bite.
In Arizona, the answer to all three questions is “no.” Arizona law provides “[t]he owner of a dog which bites a person when the person is in or on a public place or lawfully in or on a private place, including the property of the owner of the dog, is liable for damages suffered by the person bitten, regardless of the former viciousness of the dog or the owner’s knowledge of its viciousness.” Arizona Revised Statute 11-1025 (A).
This type of law is known as ‘strict liability‘ meaning the owner’s knowledge or mental state plays no role in deciding his liability (legal responsibility). Thus, if a dog injured you with a bite, it does not matter that the dog never bit anyone before, it does not matter the dog’s breed, and the owner’s knowledge does not matter either.
Now, if the owner intentionally made the animal attack you, that is a whole different scenario of intentional torts. Here, with the common dog bite, the owner will most likely be held responsible for your injury and you should discuss your legal options with an attorney who regularly handles personal injury cases.
In Arizona, the pet owner will not be responsible if the dog bite victim was trespassing. According to “Dog Bite Law” in Arizona, the only defense to a dog bite is that the dog bite injury victim trespassed, or provoked the dog bite attack. The statute discussed above requires the person to be in a “public place or lawfully in or on a private place”.
Thus, if you are not lawfully allowed to be where you were bitten, such as trespassing, the dog bite attack has a valid defense. Arizona law also provides “[p]roof of provocation of the attack by the person injured shall be a defense to the action for damages.”
Arizona Revised Statute 11-1027.
Here, the court system determined that the “common law defenses of contributory negligence and assumption of risk superseded.” Massey v. Colaric, 151 Ariz. 65, 725 P.2d 1099 (1986). This means the dog owner cannot argue that the injured person assumed the risk such as coming towards the dog or offering a hand to the dog.
The only valid defenses are if the injured person was trespassing or if the dog owner can prove that the injured person provoked the dog. In Arizona, the bite victim has one year to file a dog bite lawsuit or settle an animal bite personal injury claim.
Another question is how much time an injured person has to hold the dog owner responsible. Arizona law provides, “[t]here shall be commenced and prosecuted within one year after the cause of action accrues, and not afterward, the following actions… (5) Upon a liability created by statute. Arizona Revised Statute 12-541. Dog bite liability falls under this time limitation. Thus, an injured person has one year from the day of the bite to either file a lawsuit or settle a claim.
To properly investigate and build your case in this very short time span, you should speak with a personal injury lawyer or an experienced dog bite attorney who regularly handles personal injury cases.
We hope this brief overview has given you a glimpse into your options after a dog bite. This article is only a starting point, however, and has not discussed many topics such as what money damages to expect, how to find the defendant’s insurance policies or other potential common law actions with a two-year statute of limitations.
If you or a loved one is the victim of a dog attack, we advise talking with an experienced personal injury law firm. Call us today at Accident Law Group and sit down with a licensed and experienced personal injury attorney for a free case evaluation and initial consultation.
Areas of Practice
Dog Bite Lawyers For Your Dog Bite Case
Who Can Be Held Liable For Dog Bites?
The party that has the most possibility to be held liable in a dog bite claim is the dog owners. If you are a victim of a dog bite, the most important consideration you need to take in determining your options for legal action is the point of liability. So, for example, if the dog bites you because its leash snapped, you might be confused about who to sue. Whether the dog owner for their negligence or the company of the leash for product liability. For such events, asking for legal advice from dog bite lawyers is much necessary.
What Are The Factors That Affect Liability?
Determining which insurance company to ask for compensation, or where the liability falls in a dog bite personal injury case is not always the same for every situation. Who is liable can depend on several locational and personal factors.
The Most Common Factors That Can Affect The Liability In Dog Bite Claim Include:
- Provocation – Dog owners can possibly not be held liable in a situation where the dog was provoked before attacking or biting the injured party. For example, if the dog is abused, the same with nursing home abuse where the caretakers harm their residents.
- Trespassing – Under the circumstances of trespassing, where the injured party has been bitten by a dog on the private owner’s property, the victim may not be able to ask for compensation as the dog owner may not be held liable for injuries sustained from a dog attack. However, there are exceptions to this general rule, such as if the injured party is under the age of six.
- State laws – Liability laws for dog attacks and bite injuries can vary by the bite rule of every state. In some other states, there is a strict liability law that will generally apply to injuries sustained from dog attacks by military or police dogs. This is why it is very important to seek legal advice from lawyers.
- Negligence – Dog owners can be held liable for injuries caused by dog attacks and dog bites if the injuries sustained resulted from negligence or recklessness of the dog owner. For example, a dog owner doesn’t follow state or local leash laws. To prove negligence, a plaintiff must be able to provide evidence that can support their position that the dog owner’s failure to follow these laws or regulations proximately resulted in their injury.
Proving Liability in a Dog Bite Lawsuit
The pet owner’s responsibility doesn’t only focus on their dog, such as taking their dogs to the veterinary office for disease control. Diverse dog bite and negligence laws mean that the pet owner typically has a responsibility to protect others from injury generated by their dog.
In addition, in some states, there are other people than the dog owner that can be held liable for injuries, such as parents of a dog-owning minor, property owners, animal caretakers (such as dog sitters or a kennel), and landlords. Dog bite lawsuit is not the same in all states. To understand more about this type of law, set up your appointment with our dog bite lawyers.
Our Dog Bite Lawyers Can Help You
Dog Bite FAQ
Here are calm, plain answers about dog bite claims in Arizona, from the first steps after a bite to how insurance and deadlines usually work.
Get to a safe place, wash the wound with soap and water, and get medical care, even for a bite that looks small, because bites can become infected and a doctor can advise you about tetanus or rabies. Arizona law requires the dog’s owner or caretaker to give you the owner’s contact information. If you can, take photos of the wound and the area, note what the dog looked like, and write down the names of any witnesses. Report the bite to animal control. When you are ready, Accident Law Group offers a free case evaluation at (602) 333-3333.
Arizona law says an animal bite should be reported immediately to the county’s animal control agency by anyone who has direct knowledge of it. Maricopa County asks people to report bites to their city’s animal control office if the city has one, and otherwise to Maricopa County Animal Care and Control, by phone or online. The dog is then usually observed for 10 days from the date of the bite to make sure it does not have rabies. A licensed, vaccinated dog may be allowed to stay at home for that time. The quarantine is a health step, not a punishment, and the report creates an official record.
Often, the dog owner’s homeowner’s or renter’s insurance responds, because those policies usually include personal liability coverage for injuries to other people. Coverage is not automatic. Some policies limit or exclude dog or animal liability, or exclude a particular dog with a bite history. Arizona law does not allow these insurers to use a dog’s breed as the only factor in their underwriting decisions. If there is no coverage, the claim may be against the owner personally. Your own health insurance may pay your medical bills first and may later ask to be repaid from any recovery.
Arizona’s strict-liability dog bite law applies to bites, so other injuries follow different rules. If the dog was running at large, a separate Arizona law makes the owner, or the person responsible for the dog, fully responsible for the injuries it causes. An owner can also be liable for negligence, such as ignoring leash rules or failing to control a dog they knew was dangerous. State law requires dogs to be leashed in public parks and on school property, and many cities and counties have their own leash or at-large rules. These claims can involve different proof and deadlines than a bite claim.
It depends on the type of claim. A claim under Arizona’s dog bite statute is a liability created by statute, and those claims generally must be filed within one year after the bite. A negligence claim for personal injury generally has two years. Many dog bite cases involve both, so the one-year date is the one to keep in mind. Different rules can apply when the person bitten is a child, and claims involving a government agency have their own notice requirements. Because the shortest deadline can affect part of your case, it can help to have someone review the dates early.
For a child under 18, Arizona law generally pauses the time limit for the child’s own claim until the child turns 18, so the one-year and two-year periods start from that birthday. A parent’s own claim, such as for a child’s medical bills, may follow a different timeline, so it is wise not to wait. A child’s claim is usually brought by a parent or guardian. If the owner argues provocation, Arizona asks whether a reasonable person would expect the conduct to provoke a dog, and courts have applied that defense even when a young child did not mean any harm.
Under Arizona’s dog bite statute, the owner’s main defenses are that you provoked the dog or that you were not lawfully where you were bitten. You are lawfully on someone’s private property as an invited guest, or while carrying out a duty required by law, such as a postal carrier on a route. The Arizona Supreme Court has held that ordinary carelessness and assuming the risk are not defenses to the statutory bite claim. Provocation is judged by whether a reasonable person would expect the conduct to provoke a dog. For negligence claims, Arizona’s comparative fault rule can reduce damages by your share of fault.
Arizona’s recommended jury instructions describe losses such as the nature and extent of the injury; medical care already received and reasonably likely in the future; lost earnings and any reduced ability to earn; and pain, discomfort, disability, disfigurement, and anxiety already experienced or reasonably likely to come. After a bite, that can include wound care, treatment for infection, scar revision, and counseling if fear lingers. Every case depends on its own facts, and there is no set amount for a bite. Keeping records of treatment, photos of healing, and missed work can help show what you have been through.
Related practice areas & guides
A dog bite or attack can overlap with other kinds of injuries. These pages may help you find related information.
- Does Arizona follow the one bite rule? — how Arizona’s dog bite statute differs from the one bite rule
- Scar compensation calculator — how lasting scars from a bite are often evaluated
- Traumatic brain injury lawyer — head injuries after being knocked down
- Pedestrian accident lawyers — injuries while walking or running
- Bicycle accident lawyer — crashes when a dog runs into a rider’s path
- Slip and fall lawyers — falls on someone else’s property
- Product liability lawyer — when a leash, collar, or gate fails
- Wrongful death attorneys — when an attack is fatal
- Frequently asked questions — general questions about injury claims
- Meet our attorneys — the Accident Law Group team
- Visit or contact us — offices in Arizona and New Mexico
When you are ready to talk, call (602) 333-3333 in Arizona or (575) 333-3333 in New Mexico for a free case evaluation. We work on a contingency basis, so there is no fee unless we collect for you.
