Dog bites can lead to severe physical injuries, emotional trauma, and expensive medical bills. In Arizona, if you are bitten by a dog, you may be entitled to compensation for your injuries, especially if the dog owner is found liable under the state’s strict liability law. Understanding when a dog owner is legally responsible for a bite can help victims navigate their personal injury claims.
In this blog, we’ll explain Arizona’s strict liability law for dog bites, when dog owners are liable, and how working with a dog bite injury lawyer can ensure you receive the compensation you deserve.
What is Arizona’s Strict Liability Law for Dog Bites?
Arizona follows a strict liability rule when it comes to dog bites. Strict liability means that a dog owner is automatically liable for injuries caused by their dog, regardless of whether they knew the dog had a tendency to bite or whether they took precautions to prevent the bite. In simple terms, if you are bitten by a dog in Arizona, the dog owner is typically held responsible for your injuries.
This law applies regardless of the dog’s past behavior or the owner’s knowledge of the dog’s aggressive tendencies. The only exception is if the victim was trespassing or provoking the dog, which can affect the outcome of the claim.
Key Elements of Arizona’s Strict Liability Law:
- The Dog Must Bite the Victim: Under Arizona’s strict liability law, the dog must have bitten the person to qualify for compensation. If the dog caused other injuries (such as knocking the person over or scratching them), strict liability may not apply, and the claim could be handled under a different legal standard.
- The Victim Must Not Have Provoked the Dog: If the victim provoked the dog in some way—such as teasing, taunting, or hitting the animal—the owner may not be held liable. Provocation can be a defense in a dog bite claim.
- The Victim Was Lawfully on the Property: Arizona’s strict liability law does not apply if the victim was trespassing on the dog owner’s property. In this case, the owner is not automatically liable, though the victim may still have a case under negligence laws.
When Are Dog Owners Liable for Dog Bites?
In Arizona, dog owners are liable when their dogs bite others, even if the dog has never shown any previous signs of aggression. However, there are certain conditions under which liability may arise.
1. The Dog’s History of Aggression or Prior Bites
Arizona’s strict liability law does not require that the dog have previously bitten someone to establish liability. In other words, even if the dog has never bitten anyone before, the owner can still be held liable. However, if the dog has a known history of aggressive behavior or prior bites, this can strengthen the case against the owner. It may show that the dog was inherently dangerous, and the owner’s failure to manage or contain the animal increased the risk of harm to others.
2. Failure to Leash or Secure the Dog
Arizona law requires that dog owners take reasonable steps to prevent their dogs from causing harm to others. If the owner fails to leash or secure the dog in public places, they could be considered negligent, and their dog bite victim may have a stronger case. If a dog attacks someone while not properly restrained or while off-leash, the dog owner may be held liable for negligence in addition to strict liability.
3. Children and Dog Bites
Dog bites are especially dangerous for children, as their smaller size can lead to more severe injuries. Arizona law does not differentiate between adults and children when it comes to strict liability. If a child is bitten by a dog, the dog owner can still be held fully liable under the strict liability rule. Additionally, if the child was lawfully on the property or not provoking the dog, the owner may be required to pay for medical bills, lost wages, and emotional distress.
What Compensation Can Victims of Dog Bites Receive?
Victims of dog bites in Arizona may be entitled to various forms of compensation. These include:
1. Medical Expenses
One of the most common damages in a dog bite claim is medical expenses. This includes the cost of emergency care, hospital stays, surgeries, doctor visits, and ongoing treatments. If you require rehabilitation or physical therapy due to the injury, these costs can also be included in the claim.
2. Pain and Suffering
Dog bites can cause significant physical pain, emotional distress, and long-term trauma. Pain and suffering compensation is intended to address these non-economic damages, covering both the immediate and long-term emotional impact of the injury.
3. Lost Wages and Future Earnings
If a dog bite injury prevents you from working, you may be entitled to compensation for lost wages. This includes any time missed from work for medical treatment or recovery. If the injury results in permanent disability or reduces your ability to work in the future, you may also be entitled to compensation for future lost earnings.
4. Emotional Distress
In addition to physical injuries, a dog bite can cause lasting emotional distress. This can include anxiety, PTSD, and a fear of dogs or public spaces. If you have experienced emotional or psychological trauma from the bite, you may be able to seek compensation for these non-economic damages.
How a Dog Bite Injury Lawyer Can Help
Navigating the legal complexities of a dog bite claim can be challenging, especially when dealing with medical bills, emotional distress, and the legal process. A local personal injury lawyer can help you understand your rights and ensure that you receive the compensation you deserve. Here’s how a dog bite injury lawyer can assist:
1. Investigating the Incident
A personal injury attorney will gather all the necessary evidence, including witness statements, medical records, and any prior history of aggression from the dog. They will use this information to build a strong case that supports your claim for compensation.
2. Negotiating with Insurance Companies
Insurance companies may try to minimize the amount they pay for dog bite injuries. A dog bite injury lawyer will handle negotiations with the insurance company to ensure you receive a fair settlement that covers all your medical expenses, lost wages, and pain and suffering.
3. Filing a Lawsuit if Necessary
If a settlement cannot be reached, your lawyer will help you file a lawsuit against the dog owner. They will represent your case in court and work to secure the compensation you deserve for your injuries.
Contact a Dog Bite Injury Lawyer Today
If you’ve been bitten by a dog in Scottsdale, AZ, it’s important to understand your legal options. Arizona’s strict liability law makes it easier for victims to pursue compensation for dog bite injuries, but having a reliable law firm by your side can help you navigate the legal process effectively.
Contact Folger Law Firm today to discuss your case and learn more about how they can help you with your dog bite injury claim. With the right legal assistance, you can seek the justice and compensation you deserve for your injuries.
