If you've been attacked and bitten by someone else's dog, you may be entitled to compensation.
The JacksonWhite Personal Injury team has over 20 years of experience representing clients that have been involved in all types of accidents.
Each day, more than 1,000 people in the United States require medical care for a dog bite. In Arizona, dog bites are one of the most common causes of injury, and each year, the courts award compensation to hundreds of dog bite victims. If you or someone you care for has been bitten by a dog, knowing the dog bite laws in Arizona can help determine your plan of action, and what compensation, if any, you or another victim may be entitled to. This can also help you decide whether or not to retain a dog bite lawyer.
Arizona Dog Bite Statutes
Arizona has several statutes that govern dog bites, including A.R.S. 11-1025 on liability for dog bites through 11-1027 on provoking a dog. Arizona is known as a strict liability state when it comes to dog bites, which means that the owner of the dog can be held liable for injuries and damages regardless of the owner’s negligence or knowledge of the attack.
This is different than many states, which have a “one bite free” policy. In these states, the first time a dog bites someone, the owner may not be held liable for damages. But in Arizona, there is no such policy, and an owner can be held legally responsible no matter how many times the dog has bitten someone. If someone who is not the owner of the dog is present and caring for the dog at the time of the attack, the caretaker and the owner may be jointly held liable for the victim’s damages.
Negligence Not Required
It’s important to note that negligence or lack of knowledge of the viciousness of a dog is not required in order for an owner to be held responsible. So even if the owner properly owned the dog, he or she can still be responsible for damages if the dog attacks someone. A.R.S. 11-1025 states that the owner can be held liable if the attack happens on public property, or if the victim is lawfully on private property.
The statute also says that the viciousness of the dog, or the owner’s knowledge of its viciousness, does not impact the owner’s liability. That means that even if the dog was, up to that point, not very aggressive, the owner can still be held liable for damages.
When the Owner is Not Liable
If it’s determined that the dog bite was the result of the victim provoking the dog, the owner cannot be held liable for damages. Provocation is defined in A.R.S. 11-1027 as “circumstances [that] would be likely to provoke a dog.” Though A.R.S. 11-1025 states that the owner is liable on private property that is lawfully entered, according to A.R.S. 11-1026 the dog owner may still be responsible for a victim who is attacked on private property unlawfully.
However, if there is a situation where there are clearly posted warning signs of a vicious dog, the trespassing would most likely negatively impact the injury claim. Being lawfully on private property occurs, when someone is invited as a guest onto your property, or as required by state or local ordinances.
Get Help With A Dog Bite Accident
Getting the right legal help with a dog bite accident can make all the difference in the amount of compensation you receive. At JacksonWhite, we pride ourselves on giving our clients the most comprehensive representation possible. Each year, we help victims of all types of accidents get the compensation and legal results they deserve. If you need help with a dog bite or related accident, call the injury team at JacksonWhite Law. Our team, led by attorney Jared Everton, can offer you the right legal help you need to move forward in your life. We work on a contingency basis, which means you pay nothing unless you receive compensation. To learn more about our services, schedule a free case evaluation with our team.
Call our Personal Injury team at (480) 467-4392 to discuss your case today.
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