Introduction

If you are reading this article, chances are you (or someone you know) have recently suffered a dog bite or dog attack. This article on Arizona dog bite law is intended to help you navigate appropriate steps to get through such a difficult event, starting from medical care all the way to receiving compensation for your damages.

Medical Treatment

First and foremost, you need to get proper medical treatment for your injuries. As with any physical injury, the type and level of treatment will depend on the severity of the injury.

According to the Cleveland Clinic, there are 7 steps you should follow after suffering a dog bite, with an emphasis on cleaning the wound and watching for any infection.

If the dog bite or attack is serious enough, obviously, you should seek immediate medical attention, which can range from an emergency room visit, to going to urgent care, to following up with your primary doctor.

Dog Bite Versus Dog Attack

Arizona dog bite law is different than the law for a mere dog attack that does not involve a bite.

Dog Bite

The dog bite law in Arizona is a strict liability law. In effect, this means the dog owner will be liable for the injuries resulting from the dog bite even if the dog owner used reasonable care and/or the dog has never bitten someone else before.

The pertinent Arizona dog bite statute is A.R.S. § 11-1025 View Document (azleg.gov). To successfully hold a dog owner liable for a dog bite, you simply need to show that your injury was the direct result from a dog bite, and you were bit while in a public place or lawfully on private property.

Although Arizona dog bite law is a strict liability law, there are two defenses a dog owner can claim in defense. These two defenses are provocation and trespassing. This means you may not be successful in a lawsuit if you provoked the dog that bit you, or if you were trespassing when you got bit.

Absent provocation or trespassing however, the dog owner will be liable for the dog biting you.

Dog Attack

For purposes of this article, a dog attack is defined as an incident in which you were injured by a dog, but not bitten. Of course, you would normally consider a dog bite incident a dog attack. However, purely for explaining the differences in the law, I am classifying a non-bite incident as a dog attack.

For example, you could have been injured by being knocked down from a dog jumping on you. In that type of scenario, you could have certainly been injured, but not bitten either.

Unlike a dog bite, a dog attack requires a higher standard to hold a dog owner liable. To be successful, you will need to show that the dog owner was negligent, or in other words, failed to take reasonable care in controlling his/her dog to prevent the injury.

This requires a greater showing than merely you were injured from the dog (as is the case for a dog bite, at least in Arizona). Nevertheless, even without a dog actually biting you, you can certainly receive compensation for injuries sustained from a dog attack.

Reporting the Bite

Although not commonly thought of when discussing Arizona dog bite law, Arizona statute requires that a person having direct knowledge of a dog bite shall report the incident to the county enforcement agency immediately. A.R.S. § 25-1014. So, as part of the process, you may need to report the dog bite to your particular county agency depending on which county you live in.

Intentional Attack

Although less common, it is also possible to make a claim against a dog owner for an intentional tort. For instance, if a dog owner intentionally, and without justification, commanded his/her dog to attack you, you would potentially have a claim for assault or some other intentional tort against the dog owner.

This could also be in combination with strict liability if the dog bit you as well.

Dog Bite Damages

The type and extent of damages you have and will suffer as a result of a dog bite or dog attack can vary widely, but generally are consistent with injuries suffered in most personal injury cases.

Of course, you will likely have medical bills as a result of medical treatment needed after the dog bite or attack. Even if you have health insurance that paid for your medical bills, you may be able to receive compensation for these damages.

In addition, you may have needed to miss work either due to your injuries directly, and/or for seeing your doctor for medical treatment. If you lost income as a result of the dog bite or attack, you might be entitled to lost income damages.

Sometimes unique to a dog bite injury, you may also have scarring and long-term medical treatment for your injuries. So, not only will you have damages for past and present medical bills, but also for future medical bills, which could includes bills for necessary procedures to make you as whole as medically possible.

Other types of damages can also include fear of dogs where none existed before, inability to enjoy your normal activities as before, inability to be intimate with your partner, and the pain and suffering you have experienced.

Receiving Compensation

There may be different methods of receiving compensation for your injuries. This is where a lawyer can really assist you, as well as identifying the various types of damages that you have suffered and for which you should be compensated.

A lawyer can navigate the Arizona dog bite laws and analyze avenues of recovery to help make you whole again.

For instance, you might be able to recover through the dog owner’s homeowner’s insurance policy. This can be done pre-litigation and without even the need of filing a lawsuit potentially.

Alternatively, you might need to file a lawsuit in order to recover your damages from a dog bite or dog attack. As with nearly all types of legal claims, there is a time limit for when you can raise your legal claim before the court.

Time is of the Essence

If you wait too long, you may be out of luck and too late to bring a claim. Once your initial medical needs have been met after a dog bite, you should immediately contact a lawyer to determine you rights and deadline as to when you need to file a lawsuit.

Claims under the strict liability portion of the Arizona dog bite law need to be filed within one year of the incident, not the normal two years for most other types of personal injury type claims. A.R.S. § 12-541. View Document (azleg.gov)

So, if you suffered from a dog bite in Arizona, time is of the essence and you need to act sooner rather than later, or else you will lose the ability to make a claim under strict liability, which is generally the strongest path to recover damages.

Arbitration or Trial

If and when you do file a lawsuit, you might need to engage in mandatory arbitration depending on the level of damages you can reasonably demand. Whether through arbitration, or trial, a lawyer can make sure you are prepared, which includes following the rules of procedure, obtaining the requisite evidence and witnesses to support your claims, and making persuasive and succinct arguments to make a successful recovery.

Hiring a Lawyer

Most lawyers in Arizona will handle dog bite cases on a contingency basis. This can be a very helpful arrangement as you will not need to pay for any legal services in advance, and effectively you will not have to pay for any of the legal services if the case is not successful.

If you are interested in seeing how I can help with your dog bite in Arizona, please feel free to contact me here to schedule a free 15-minute consultation to discuss the dog bite law in Arizona and how it applies to your specific situation.