There are many legal statutes in Arizona that cover dog bite injuries in Phoenix. It is recognized as a strict liability state regarding dog bites. This means a dog’s owner will be held liable for damages and injuries resulting from any attacks on people by their dog. It does not matter if the dog’s owner knew of the attack or if it resulted from their negligence. In Arizona, it does not matter the number of times a dog has bitten people. Even if someone is just temporarily caring for a dog when it attacks, the owner, as well as this caretaker, can be made liable for any resulting injuries and damages.
NOTE: Although the general statute of limitations for dog bites is 2 years, all dog bite lawsuits should be filed within 1 year to take advantage of the Arizona strict liability statute.
1. Negligence
Anyone who legally owns a dog can be held liable for any damage resulting from their dog attacking a person. This is the case if the attack happens when the victim is lawfully on the dog owner’s private property or on public property. If the dog’s owner knew or did not know of the dog’s viciousness, it has no impact on the owner’s liability. Even if the dog was never aggressive until the attack, the owner is still held liable for damages caused by their dog.
2. Owner Not Liable
There are situations where a dog’s owner will not be held liable for damages caused by their dog. This can happen if is determined a dog attack was caused by a victim intentionally provoking their dog. There are also situations where a dog’s owner has clearly posted warning signs about their dog’s likelihood of attacking someone who trespasses on their property. This means a dog bite victim was on a person’s property without being an invited guest or having permission to be on the property. This is when a dog owner might not be held responsible for their dog biting someone.
3. Dog At Large
This involves any dog not properly or legally fenced. It also covers dogs that are not on a leash or otherwise being controlled in some way by their owner. A dog at large without a collar or license can result in an owner being made liable for breaking dog at large laws. If a dog gets away from an owner in a public park and attacks someone, a victim could be awarded compensation for damages under common law negligence as well as dog bite statutes.
In many cases, a dog owner’s insurance may cover the damages experienced by the victim of their dog’s attack. Compensation can cover pain and suffering, past, present as well as future medical expenses, lost wages, counseling costs and more. If someone is attacked by a dog, they should discuss their situation with an experienced attorney. These legal professionals can review a case and let a dog attack victim know their rights and what compensation they may be able to receive.
