When a dog bites someone in Arizona, the owner is liable as long as the victim was not trespassing and did not incite the animal. Compensation for dog bite claims through an insurance provider can be complex and cause a lot of stress. A personal injury attorney will probably be required to ensure that a settlement is reached, and that compensation is made to the victims of these crimes.
If payment cannot be negotiated, the victim may bring a lawsuit against the insurance carrier. To provide the best result possible, they would be wise to hire an attorney specializing in dog bites. Their insight and expertise will be invaluable, as they are familiar with how to navigate state and local laws, the legal process, and how to present and file a claim correctly.
If a dog has bitten you or a loved one, you will undoubtedly have questions and concerns. The following addresses some of the common issues related to dog bites and the process of taking legal action to receive compensation from the responsible party.
Following an attack, there are a few things you can do to safeguard your safety and legal rights.
The "statute of limitations" is a law that establishes time limits for filing various types of court cases. Dog bite injury cases in Arizona must be filed within two years of the bite. If the case is not filed within two years, the court will dismiss it without a hearing. As a result, make sure you know when your deadline is approaching and file your lawsuit in civil court before the statute of limitations expires.
Section 11-1025 of the Arizona Revised Statutes has a specific law that applies to dog bite situations. It states:
"The 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."
This law solely applies to dog bites, not other types of dog-related injuries. To bring a case involving another dog-related injury, the injured person must show that the owner failed to take reasonable precautions to prevent the dog from hurting them. For example, if you are knocked down by a dog that jumps on you, you must establish that the dog's owner failed to take reasonable precautions to prevent the dog from jumping on you.
It's worth noting this statute also states that you cannot bring an action for a dog bite against a governmental agency. This includes dogs used in military or police work, as long as the bite occurred while the dog was defending itself against harassing or provoking acts, assisting an agency employee in apprehending a suspect, investigating a crime, executing a warrant, or defending a police officer or another person.
The dog bite legislation in Arizona is a "strict liability" law, meaning the law applies even if the owner had no prior knowledge that the dog would bite or if the dog had never bitten anyone. For dog bites, states are split between "strict responsibility" and "negligence," sometimes known as the "one-bite rule." According to the "one-bite rule," the owner is only accountable if the dog has previously bitten someone or if the owner knew the dog was hostile.
Provocation and trespassing are two defenses that a dog owner in Arizona can use against a dog bite injury claim. A dog owner is not liable for a bite if the dog was provoked, according to Arizona Revised Statutes section 11-1027. When an injured person does something that a reasonable person would expect to incite a dog, the dog is considered "provoked." Provocation would include, for example, frequently poking a dog with an object.
In Arizona, a dog owner may avoid culpability for a dog bite if the person bitten was trespassing at the time of the bite. When a dog bite happens in Arizona, the injured person must be on public land or legitimately on private property. The owner may not be liable for the bite if the individual is on private land illegally or trespassing. This is an example of a defense that limits a homeowner's liability for trespasser harm.
Two other common dog bite defenses include "assumption of risk" and "comparative negligence:”
Assumption of Risk: Perhaps you took your dog to the veterinarian for vaccination, and the dog bit the veterinarian's leg. Perhaps you arranged for someone to look after your dog while you were away, and after explaining how to handle the dog, the dog knocked them down. In both cases, the victim is likely to have accepted the danger of being harmed by the dog. The assumption of risk defense occurs most frequently when dogs bite or attack animal industry professionals such as veterinarians, kennel personnel, dog walkers, or pet sitters. However, in places that enforce strict liability for dog bites, it may not be available.
Comparative Negligence: If the victim's carelessness led to their injuries, any damages they receive might be reduced under the state's comparative negligence statute. In some states, a victim determined to be 50 percent or more at fault is not entitled to any compensation. If the victim's claim is brought under a statute rather than a general theory of negligence, the comparative negligence rule may not apply.