Posted January 25, 2018
Many states follow what is often called the “one bite rule,” under which a dog owner is liable for a bite only if the owner knew, or should have known, that the dog was dangerous, for example because it had bitten someone before. Arizona does not follow that rule for dog bites. Under A.R.S. § 11-1025, the owner of a dog that bites a person who is in a public place, or lawfully in a private place, including the owner’s property, is liable for the damages suffered by the person bitten, regardless of the dog’s former viciousness or the owner’s knowledge of it. A court also may not consider the dog’s breed in deciding liability.
How You Can Prove Liability
Even if another person’s dog bit you, the owner may raise a defense. Under Arizona’s dog bite statute, the main defenses are that the person bitten provoked the dog, judged by whether a reasonable person would expect the conduct or circumstances to provoke a dog (A.R.S. § 11-1027), or that the person was not lawfully on the private property where the bite happened. A person is lawfully there as an invitee or guest, or while performing a duty imposed by law, such as delivering the mail (A.R.S. § 11-1026).
What the owner knew can still matter when a dog hurts someone without biting, for example by jumping on or knocking down a person. Those claims are usually based on negligence, or on Arizona’s rule that injuries caused by a dog running at large are the full responsibility of the dog’s owner or the person responsible for the dog (A.R.S. § 11-1020). Evidence that the dog had acted aggressively before, or that the owner ignored leash rules, can help show that the owner should have done more.
Were you hurt by a dog in Arizona? Depending on what happened, the owner may owe you damages under the dog bite statute, for negligence, or both, and the filing deadlines for each can differ. You can learn more on our Arizona dog bite lawyer page. This would cover your medical compensation and more, depending on how severe your injuries are. We want to talk to you as soon as possible about your case at the Accident Law Group. Call us today for more information at 602-333-3333.
Sources
https://dogbitelaw.com/one-bite-rule/overview-of-the-one-bite-rule
