For many Arizonans, dogs are cherished family members.
However, even the most beloved pet can cause injury, and when a dog bite occurs, the legal complexities can be significant.
Understanding Arizona’s dog bite laws is crucial for victims seeking justice and dog owners seeking to understand their responsibilities.
At Wesbrooks Law Firm, we believe in upholding the rights of individuals and providing straightforward legal guidance. Just as Mark Wesbrooks was inspired by his father’s dedication to protecting others, our firm is committed to helping those injured by the negligence or actions of others, including in dog bite cases. Let’s explore the key aspects of Arizona dog bite law and what it means for you.
Understanding Arizona’s Dog Bite Laws: Strict Liability vs. The “One-Bite Rule”
Arizona is often considered a “strict liability” state regarding dog bites, which means that a dog owner can be held liable for damages even if they had no prior knowledge of their dog’s aggressive tendencies. This is a critical distinction from the “one-bite rule” applied in other states, where an owner might only be liable if their dog had previously bitten someone or shown aggressive behavior.
Arizona Revised Statutes (A.R.S.) § 11-1025 (Liability of owner of dog for damages) 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 such viciousness.”
Key takeaways from this statute for Arizona dog bite cases:
- Strict Liability: The owner is liable even if the dog has never bitten before or seemed aggressive.
- Location: The bite must occur in a public place or where the victim was lawfully present (e.g., invited onto private property).
- No Provocation: This strict liability generally applies unless the victim provoked the dog.
While the strict liability statute is powerful, there are nuances. Common law principles (court-made law based on previous rulings) still exist and can sometimes apply, especially if the injury wasn’t a direct “bite” but still resulted from a dog’s actions (e.g., a dog knocking someone over).
Common Defenses in Arizona Dog Bite Cases
Even with strict liability, dog owners may raise certain defenses:
- Trespassing: If the bitten person was unlawfully on the dog owner’s property.
- Provocation: If the bitten person provoked the dog. This can be a complex defense, as what constitutes “provocation” can be debated.
- Assumption of Risk: If the person knew the dog was dangerous and voluntarily put themselves in harm’s way (e.g., knowingly entered an enclosure with an aggressive dog after being warned).
Victims must understand these potential defenses and how they might impact a claim.
What to Do Immediately After an Arizona Dog Bite
If you or a loved one has been bitten by a dog in Arizona, taking immediate steps can significantly impact your health and any potential legal claim:
- Seek Medical Attention: Your health is paramount. Dog bites can lead to serious infections, nerve damage, and other complications. Get immediate medical care.
- Identify the Dog and Owner: Obtain the owner’s name, address, phone number, and any relevant details about the dog (breed, name, vaccination status). If possible, take photos.
- Report the Bite: Contact your local animal control or health department. This will create an official incident record and initiate an investigation into the dog’s vaccination status and history.
- Gather Evidence: If safely possible, take photos of your injuries, the location where the bite occurred, and the dog. Collect contact information for any witnesses.
- Preserve Clothing: Do not wash or discard any clothing worn during the bite, as it may contain evidence.
- Document Everything: Keep detailed records of your medical treatment, medications, missed work, and any other expenses related to the bite.
- Limit Communication with Insurers: Avoid speaking with the dog owner’s insurance company without legal counsel. They may try to minimize your claim or get you to say something that could harm your case.
Damages You Can Recover in an Arizona Dog Bite Claim
If a dog bite in Arizona has injured you, you may be entitled to compensation for various damages, including:
- Medical Expenses: Past and future costs related to treatment, including emergency care, doctor visits, medications, physical therapy, and plastic surgery for scarring.
- Lost Wages: Income lost due to time off work for recovery or appointments.
- Pain and Suffering: Compensation for physical pain, emotional distress, disfigurement, and diminished quality of life.
- Psychological Trauma: Dog bites, especially to children, can lead to significant anxiety, fear of dogs, or PTSD.
- Property Damage: If any personal property was damaged during the incident.
Why You Need an Arizona Dog Bite Attorney
Navigating a dog bite claim can be complex. While Arizona’s strict liability law seems straightforward, insurance companies often try to deny or minimize claims by arguing provocation, questioning the extent of injuries, or disputing the location of the bite.
An experienced Arizona personal injury attorney from Wesbrooks Law Firm can:
- Investigate Your Case: Gather all necessary evidence, including medical records, animal control reports, and witness statements.
- Determine Liability: Confirm the dog owner’s responsibility under Arizona law.
- Calculate Your Damages: Ensure all potential losses, including long-term impacts, are accounted for.
- Negotiate with Insurance Companies: Protect your rights against tactics that reduce your compensation.
- Represent You in Court: If a fair settlement cannot be reached, we are prepared to take your case to trial.
Our commitment to protecting your future, mirroring the principles instilled in Mark Wesbrooks by his father, means we will tirelessly advocate for the justice and compensation you deserve after a dog bite injury.
Protecting Your Rights After an Arizona Dog Bite
A dog bite can be a traumatic experience with lasting physical and emotional consequences. Understanding Arizona’s dog bite laws is the first step toward holding responsible parties accountable and securing the compensation needed for your recovery. Don’t face this challenge alone.
Start today with Wesbrooks Law, wesbrookslaw.com/contact-us or call (602) 262-4357 for a FREE consultation.
Disclaimer:
This article by Wesbrooks Law Firm, PLLC, is for general informational purposes only and does not constitute legal advice. It is not a substitute for speaking with a qualified Arizona attorney about your situation. Reading this content does not create an attorney-client relationship. Laws constantly change; do not act or rely on this information without professional legal counsel. Past results do not guarantee future outcomes.
