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Dog Bite Attorney Phoenix

dog bite attorney Phoenix

If you or someone you love has been the victim of a dog bite and you would like to learn more about how you can recover damages from your injuries, please give the personal injury attorneys at Personal Injury Attorneys PLLC a call so that we may answer your questions and support you in making informed decisions about your case.

 

Arizona’s Dog Bite Statute and How It Affects Dog Owners

Arizona’s dog bite statute imposes strict liability on the owner of a dog that bites a victim. In Arizona, dogs are not granted “One free bite,” and owners are held strictly liable for injuries caused by the actions and behavior of their dogs, regardless of an owner’s prior knowledge of their dog’s temperament.

 

Dog Owner’s Liability

Dog owners may be held accountable at both a civil and criminal level depending on facts and details of a claim as well as the severity of an injury. Victims may bring cause for action to recover damages for injuries suffered and owners can be held criminally responsible depending on their knowledge of the dog’s history and temperament. There are multiple varieties of potential dog bite lawsuits and victims in Arizona can recover damages for strict liability, as well as the following forms of common law claims:

  • Negligence on behalf of the owner that fails to exhibit a level of standard and reasonable care.
  • Scienter, or “the one bite rule,” allows for recovery of damages when a dog has a prior history of aggression with biting or an intent to bite. With this statute, persons other than the dog’s owner can be held liable if they had awareness of the dog’s aggression or biting history.
  • Intentional Tort, or an owner’s intent for a dog to take aggressive action with the plaintiff, possibly resulting in a dog bite.

 

Different Types of Dog Bite Cases and Exceptions

Personal injury lawsuits resulting from a dog bite often calculate damages by using the common defenses of Comparative Negligence and the “Bad Dog” exception. Comparative negligence takes into account the victim’s level of responsibility and any role they may have played in the provocation of the dog to incite aggression. In the case of a dog bite pertaining to a child, parent supervision is called into question as a claim of comparative negligence. With the “Bad Dog” exception where signs are clearly displayed, reading “beware of dog,” there is often no liability incurred on part of the owner if the incident occurs within the parameters of the owner’s residence and if victims are over the age of 6.

In some cases, a landlord may be held liable for damages caused by a tenant’s dog if they possess prior knowledge of a dog’s aggressive nature and proclivity to bite, and/or they fail to enforce the removal of a dog when tenants breach a “no dog” clause in their lease or rental agreement.

 

Contact Us – Dog Bite Attorney Phoenix

It is important to know your legal rights, and at Personal Injury Attorneys PLLC, our personal injury attorneys are experts in dealing with cases that pertain to dog bites. We are committed to supporting our clients in being well informed so that you can recover the appropriate damages for your injuries. To speak with a personal injury attorney about your dog bite incident, please contact us today so that we may review your case and get you on your way to proper compensation.

 

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