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DOG BITES and OTHER INJURIES CAUSED by DOGS in ARIZONA
Attorney Croswell can assist a Client who has been the victim of a dog bite or dog attack. Injuries from dog bites can be serious and Attorney Croswell can assist the victim in understanding their rights.
ARIZONA LAWS PERTAINING TO DOG BITES and PERSONAL INJURIES from DOG ATTACKS:
Pursuant to Arizona statutes (laws) an injury to any person or damage to any property by a dog, while at large, shall be the full responsibility of the dog owner or person or persons responsible for the dog when such damages were inflicted [See Arizona Revised Statute - Chapter 11 Section 1020].
As to dog bites, Arizona statutes (laws) indicate that the owner of a dog which bites a person when the person is in or on a public place or lawfully in or on a private place, including the property of the owner of the dog, is liable for damages suffered by the person bitten, regardless of the former viciousness of the dog or the owner's knowledge of its viciousness. [See Arizona Revised Statute - Chapter 11 Section 1025].
However, there is an exception to liability for any governmental agency using a dog in military or police work if the bite occurred while the dog was defending itself from a harassing or provoking act, or assisting an employee of the agency in any of the following: (1) in the apprehension or holding of a suspect where the employee has a reasonable suspicion of the suspect's involvement in criminal activity, (2) in the investigation of a crime or possible crime, (3) in the execution of a warrant, and (4) in the defense of a peace officer or another person, unless the victim of the bite was not a party to, nor a participant in, nor suspected to be a party to or a participant in, the act that prompted the use of the dog in the military or police work.
Further, despite the above, proof of provocation of the attack by the person injured shall be a defense to the action for damages. The issue of provocation shall be determined by whether a reasonable person would expect that the conduct or circumstances would be likely to provoke a dog [See Arizona Revised Statute - Chapter 11 Section 1027].
**IMPORTANT: Lawsuits based on the liability that are created by the above statutes (laws) for dog bites, and/or other injuries or damages caused by dogs, create what is referred to as "strict liability" on behalf of the dog owner(s), and the lawsuit must be filed in a Court of proper jurisdiction within 1 YEAR or recovery will be barred.
However, liability for dog bites, and/or other injuries caused by dogs, may also be based on "common law" (as opposed to based on the "strict liability" imposed by the aforesaid statutes). In these "common law" liability cases, the injured person must prove that the dog owner(s) knew, or should have known, of the dog’s abnormal dangerous propensity for viciousness (i.e.: the dog bit someone previously). Lawsuits for dog bites and other injuries caused by dogs, based on the "common law" theory must be filed in a Court of proper jurisdiction within 2 years or recovery will be barred.