Why Is Arizona’s Dog Bite Law Different?
Unlike other states that require dog bite victims to prove negligence to claim compensation, Arizona applies strict liability to dog bite cases. This means that dog owners are strictly liable for damages, even if they didn’t know the dog was vicious or had a history of biting. You do not have to show that the dog owner was negligent to recover damages.
While strict liability will apply to most dog bite cases in Arizona, there are exceptions to this rule, including:
- Provocation: One common defense is that the injured person provoked the dog through actions such as kicking, hitting, or using other physical force.
- Trespassing: If the victim was on another person’s property without permission when bitten, the dog owner may not be held strictly liable.
Whether it’s the dog owner or another at-fault party, an Arizona dog bite accident lawyer can help you determine who is liable for your injury.
When Is the Dog Owner Liable?
Under Arizona law, a dog owner is the primarily liable party if their dog bites another person. Due to strict liability, the dog owner doesn’t have to do anything wrong to be accountable for their dog’s behavior. The fact that they own the dog is enough to make them responsible.
Although proving negligence is not required in strict liability cases, common scenarios in which a dog owner is liable include:
- Failure to secure the dog: Dog bites are common when the owner fails to secure a gate, door, or other barrier that restrains the dog.
- Failure to keep the dog leashed: In Phoenix and other Arizona cities, dogs must be on a leash that is no longer than six feet while in public.
- Failure to address known risks: Owners who fail to keep a known aggressive dog from escaping are liable for damages and guilty of a class 1 misdemeanor.
When Can a Dog Handler Be Liable?
In addition to dog owners, a person who is responsible for the care of a dog can be held liable for a dog bite, including:
- Dog walkers
- Dog trainers
- Veterinarians
- Dog sitters or caretakers
- Handlers at pet events or dog parks
When dog handlers are considered the owner’s agent and are entrusted with caring for the dog, they may be liable when the dog harms others. Strict liability can fall on the person in control of the dog at the time of the bite in certain situations, including:
- Failure to control the dog: If the dog handler did not adequately supervise or control the dog and their inaction resulted in a bite, they could be held responsible.
- Failure to maintain control in dangerous situations: In risky situations, the dog handler must take reasonable steps to control the animal and prevent an attack. Failing to do this could lead to liability.
When Can a Landlord or Property Manager Be Liable?
Although it’s rare for a landlord to be at fault for a dog bite, they can be liable when they know of the dog’s aggression and do nothing to keep their property safe. Under Arizona premises liability laws, property owners have a duty to keep the premises reasonably free of hazards.
Scenarios in which a landlord or property owner may be liable for an Arizona dog bite include:
- Failure to address a dangerous dog: If a landlord knows a dog has a history of biting, they need to take reasonable steps to protect their tenants.
- Allowing dangerous dog breeds or unrestricted access: Allowing dangerous breeds or giving dogs unrestricted property access could create a hazardous environment.
It’s important to note that Arizona does not consider a dog’s breed to be evidence of aggression. Instead, the dog’s actions and resulting injuries help determine if the victim is eligible to claim compensation.
When Could the Government Be Liable for a Dog Bite?
Proving liability and pursuing a dog bite accident claim against the government in Arizona can be complex, with an accelerated timeline and additional requirements. You must file a notice of claim and serve it to the appropriate government representative within 180 days.
Potential situations when the government may be held liable for a dog bite include:
- Failure to enforce leash laws: Knowing a dog is off a leash and failing to enforce local leash laws could make the responsible agency liable for a dog bite.
- Failure to address dog hazards in public areas: If government employees do not address complaints of a dangerous dog or fail to maintain public property that results in a bite, the government may be at fault.
- Stray dogs on public property: The government may be liable if it knew of a stray dog on public property and failed to take reasonable action to control it.
What If You’re Injured By a Dog That Didn’t Bite You?
Dog bites are not the only cause of dog-related injuries in Arizona. A dog could jump onto a person and knock them over, resulting in a fall and injuries. For others, a dog might cause painful injuries by scratching or tripping them.
Arizona law holds the dog owner strictly liable for damages caused by these scenarios when the dog was at large when it happened. According to Phoenix municipal code, a dog is at large when at least one of these situations apply:
- The dog is not confined within a private enclosure
- The dog is not on have a leash under control of the owner
- The dog has a leash that exceeds six feet
- The dog is unleashed while wearing an electronic collar
However, a dog is not considered at large if it is unleashed in a designated dog park or is a working animal under the control of a handler.
How the Dog Bite Accident Attorneys at Runion Personal Injury Lawyers Can Help
A dog bite can cause painful injuries, expensive medical bills, and psychological effects that impact every aspect of your life. Our skilled Phoenix dog bite accident lawyers know what you’re going through and are ready to help you seek the maximum compensation for your losses and suffering.
With a 99 percent success rate and more than $50 million recovered in settlements and verdicts for our clients, our team is proud to advocate for dog bite victims across Arizona. Our Net Recovery Guarantee means you will never pay us more in legal fees than we recover for your case. This means more financial relief for you and your family when you need it most.
Contact us at (602) 600-9000 to schedule your free consultation with a trusted attorney in English or Spanish. We have the experience and resources to help you determine Arizona dog attack legal responsibility and fight for fair compensation.
