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 matters, or whether the owner had knowledge the 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Here, the court system determined that the "common law defenses of contributory negligence and assumption of risk superseded."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 initial consultation.
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.
"I’m a dog bite victim–do I have a claim?"
A dog bite can be a serious injury. The bites can have significant consequences including lifelong or permanent injury or surgery. It’s important to take photos of your injuries and seek medical attention immediately. The risk of disease is prevalent, especially if you were bitten by a dog whose medical history is unknown.
If you are bitten by a dog, make sure you gather the following as soon as possible:
• The police report, if the police were contacted
• The animal control and care report, if available
• Photographic and video evidence of your injuries and the scene
• Contact information for any and all witnesses and parties involved
With this information in place prior to your meeting with one of our attorneys, the claim process is much easier. Your attorney will therefore provide you with a more accurate evaluation of your case which will, in turn, allow you to have a better understanding of your unique case and the legal options that are available.
Dog bite statistics show that nearly 4.6 million people in the United States are bitten by dogs every year. Male dogs are much more likely than female dogs to fatally bite, and dog attacks increased by 300% during the COVID-19 pandemic. Dogs that are not neutered or spayed tend to display more aggressive and territorial behavior, and are 77.9% more likely to attack a person. Additionally, most attacks are made by a dog that is not the dog’s owner. In Arizona, both the caretaker of a dog and the dog’s owner may be jointly held liable for a victim’s damages if the victim has been bitten by a dog he or she is caring for.
There are six levels of dog bites, with levels 3 to 6 being the most serious–they can lead to catastrophic injury including death. Although your medical bills may begin to stack up, it’s crucial to keep track of all treatment, receipts, bills, and communications with your medical providers and insurance company prior to hiring an attorney. Once you have hired us to represent you we will take care of everything and update you as the case progresses.
Will I receive compensation for my medical treatment only?
It’s impossible to say exactly how much compensation you will receive because every case is unique. Your Accident Law Group attorney will dedicate their efforts to represent you aggressively and fairly.
Your dog bite claim includes more than your treatment. We also take into consideration and fight for any time you have missed from work due to your injuries including time set aside for appointments. If your injuries are more severe and require an extensive amount of continuous treatment, we fight for that fair compensation. Your injury isn’t your fault, and you should be compensated fairly.
Experienced Dog Bite Attorneys
With several decades of combined experience, the attorneys at Accident Law Group know exactly how to diagnose your case and attack it head-on with a strategy in place. With our client-centric approach, we determine the best plan of action in order to represent you in the best way possible.
Our firm focuses exclusively on personal injury claims, meaning that we are well versed in all aspects of an injury case including dog attacks. With personalized, face-to-face service from our experienced and trusted attorneys, you can relax knowing that your case is in good hands.
How do I determine my damages?
Your case and damages will be determined by your attorney and team, who will ensure that it is examined at every angle. Our firm is well-versed in personal injury and dog bite cases and will handle it from start to finish. We work hard to fight for the best outcome for you.
What damages can be covered?
Damages do not necessarily only include compensation for your medical bills and treatment. Our attorneys will fight for all damages including lost wages, medical expenses, disfigurement, punitive damages, mental anguish, therapy, surgery, counseling, and pain and suffering.
Lost wages can be calculated from missing time at work due to appointments and injury-related treatment, or from future lost wages. Our experts have substantial experience in calculating and displaying future lost wages as well–if you are suffering from injuries that will affect your daily lifestyle then it’s important to bring in an expert that can accurately reflect a judge and jury how much this attack has affected your life.
Commonly, the dog owner will have an insurance policy that should cover the costs of your medical treatment from the dog bite. Renter’s insurance, homeowner’s insurance, and even business insurance have policies for these situations. As a victim, it’s important for you to speak to an attorney to discuss your case before settlements or arrangements are made with the insurance company.
Free Case Evaluation
When you contact Accident Law Group to represent you, you will be connected with an experienced personal injury attorney. He or she will then review your case for free evaluate all possible avenues and provide you with quality legal advice.
Our attorneys at Accident Law Group will not only evaluate your case but will determine an accurate estimate of fair compensation so you are not taken advantage of by the insurance companies.
You will not be charged any fees upfront. Our service is risk-free, and our costs and fees are calculated at settlement meaning it’s not coming out directly from your pocket. Additionally, at Accident Law Group, we make sure to never take more from a settlement than you do.
Without speaking to an attorney, you run the large risk of being bulldozed and taken advantage of with no way of determining whether the settlement from the insurance company is accurate and fair. Whether your case settles in pre-litigation or is mediated or goes to trial, Accident Law Group will fight for you. You’ve suffered enough with your traumatic experience and injuries and deserve to go through the legal process as seamlessly as possible.
Contact Us:
Accident Law Group
Phoenix, Arizona
Google Site: https://sites.google.com/view/accident-law-group/home
Official Site: https://www.accidentlawgroup.com/
Here at Accident Law Group, our entire firm handles only accident/injury cases. 100% of our work is building, arguing, and winning injury cases just like yours. It is what our founding partners named the firm, because accidents are all we focus on.
15650 N Black Canyon Highway, Suite B-155, Phoenix, AZ 85053
(602) 262-4254
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Here at Accident Law Group, our entire firm handles only accident/injury cases. 100% of our work is building, arguing, and winning injury cases just like yours. It is what our founding partners named the firm, because accidents are all we focus on.
15650 N Black Canyon Highway, Suite B-155, Phoenix, AZ 85053
(602) 262-4254