Dog Bite Lawyer
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Here, the court system determined that the “common law defenses of contributory negligence and assumption of risk superseded.”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.
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Dog Bite Lawyers For Your Dog Bite Case
Dogs can indeed provide you with an endless amount of love and friendship. But even the most loyal and kindest dogs can cause economic damage, a car accident that may result in a catastrophic injury. If you’re a dog owner and your dog causes dog attacks, or if you and your pet were injured by dog attacks by someone else’s dog, then you will need the help of our dog bite lawyers.
If you experienced dog attacks, then it is considered a dog bite case, and there are several options for you to do. For starters, you can seek an insurance claim from the insurance company of the dog owners. Most insurance policies of dog owners will cover an initial dog bite claim, that happened on the insured’s property. Also, there are a lot of other procedures that can cover dog attacks, which is why you need to seek help from our dog bite lawyers.
Filing a lawsuit against dog owners isn’t only for dog bites or dog attacks. You may also file a dog bite claim for injuries that are caused by the negligence of dog owners. Injuries such as birth injuries, or car accidents.
Seeking help from a law office that is an expert in Texas bite law is very important if you need help in dealing with the insurance company due to a car accident caused by dogs, and if you need medical attention generated by the negligence of dog owners or compensation for the medical bills of your medical treatment. We can help you in any injury case caused by dog attacks, such as reported dog bites.
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 presently 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
It doesn’t matter whether you’re defending against a dog bite lawsuit or pursuing one, the results can be significant. Depending on the jurisdiction, a victorious lawsuit can result in awards that can cover your medical bills, income loss, loss of companionship, suffering, pain, and even punitive damages. Without the help of legal professionals, determining which damages, laws, and defenses can be applied to your situation can be hard.
If our dog lawyers will represent you, we will make sure to put our attorneys, medical experts, and investigator to work together to deeply understand how the dog attack happened and the extent of your injuries.
We can help you in submitting a dog injury claim to the insurance company of whoever is liable and negotiate for the maximum compensation you can get for your injuries.
So, if you’re dealing with a dog bite lawsuit you may get in touch with our unsurpassed dog bite lawyers. We are here to help anyone that needs assistance in handling their dog bite claim. Call us today and learn more about dog bite claims and what legal actions you can do.