Being attacked by a dog can be frightening and traumatic. In addition to dealing with the incident itself, you can also end up with expensive medical bills. Arizona has strict liability for dog bites so it could be possible for you to receive compensation after an attack. Arizona Revised Statutes (ARS) 11-1025 discusses the bite liability and understanding this and similar laws can help you have a better idea of what to expect during your case. It’s also important to work with an experienced lawyer who can help you achieve the best possible outcome.
ARS 11-1025 and Dog Bite Liability
Subsection A of ARS 11-1025 states the broad conditions for liability in a dog bite case. For the owner to be liable, the bite must occur either on public property or on private property where the injured party was legally present. This can be the dog owner’s home.
Unlike other types of personal injuries, it is not necessary to prove negligence. An owner is liable for damages “regardless of the former viciousness of the dog” or if the owner knew the dog was vicious. There are some circumstances that affect this. Separate statutes outline these.
Subsections B, C, and D of ARS 11-1025 relate to liability for government agencies using dogs for military or police work. It’s important to discuss the details of your case with a lawyer to understand how this could affect you, if applicable.
Defenses for Dog Owners
The two statutes directly following ARS 11-1025 outline circumstances when a dog owner might not be liable for damages.
These are:
ARS 11-1026: Trespassing
ARS 11-1026 defines what is considered lawful presence on private property in the context of Arizona dog bite law. If the victim of a dog bite is a guest, invitee, or performing “a duty imposed upon him by law of the state or United States,” they are lawfully present. However, the owner is not liable for damages if their dog bites a person who was trespassing.
ARS 11-1027: Reasonable Provocation
ARS 11-1027 states that another possible reason a dog owner might not be liable for a bite is if they can prove that the injured party provoked the animal. The statute indicates that the determination for whether the dog was provoked is that a “reasonable person would expect that the conduct or circumstances would be likely to provoke a dog.”
Tucson Dog Bite Lawyers
At Grabb & Durando, our skilled dog bite lawyers can help you understand the factors that could influence the outcome of your case. In addition to the Arizona statutes related to dog bites, certain local ordinances could apply. Our attorneys will examine every detail and will fight to get you the compensation you deserve.
