An Overview of Arizona Dog Bite Laws
Dog bite laws in Arizona are tightly defined by state statutes that incorporate common law principles while expanding upon them with specific legislation. These laws outline an important legal principle which states that the owner or keeper of any dog or other domesticated animal is liable for damages for injury done by the animal only if the owner knew, or should have had reason to know, that the animal had vicious or dangerous propensities.
Such an injury can include a bite or other act that causes physical harm to another person or their property. These statutes also provide exemptions from liability for injuries caused by dog bites.
The following examines the basic Arizona statutes that govern the liability of dog owners when their dogs cause injuries.
A.R.S. § 11-1020 – This statute states that the county board of supervisors for each Arizona County has the authorization to provide regulations and operating procedures for dog licensing and classification. The board can impose a fine punishment for any violations of dog licensing and classification rules.
A.R.S. § 11-1015 – This statute is the primary penal statute which holds a dog owner liable in situations where the dog causes injury to another person. The statute provides that:
A. If a dog does any of the following, the owner or custodian shall be guilty of a class 1 misdemeanor:
- When off the real property of the owner the dog kills, wounds or chases any agricultural animal without the property owner’s permission, or molests, attacks , bites or endangers the safety of a person.
- The dog is at large and not restrained by a substantial fence or on a leash when off the real property of the owner and the dog kills, wounds or chases any animal or livestock.
- The dog kills or wounds a pet animal without the property owner’s permission.
- The dog molests, attacks, bites or endangers the safety of any person.
- Unlawfully injures, destroys or molests any property.
B. A dog shall not be deemed vicious solely because it is acting in a reasonable manner in the defense of itself, its master or mistress, or its offspring or because such dog is provoked.
C. An owner or custodian who allows a dog, after having notice that the dog has killed, wounded or chased any livestock, domestic animal or pet animal, or bitten or attacked any other person, to run at large shall be guilty of a class 1 misdemeanor.
D. For the purposes of this section "at large" means off the real property of the owner and not secured by a fence or leash.
E. This section does not apply to the owner or custodian of a dog that is a recognized breed of police or rescue work dog, if the conduct is in the performance of the duties of the dog in the service of the police or rescue work or police work as defined in section 9-499.07."
An action against the dog owner found to be in violation of this statute is most often based on negligence. However, there are important exemptions to liability which include the following:
The above Arizona statutes provide the fundamentals of dog bite laws in the state.
Liability for Dog Bites
A dog owner’s liability can fall under two theories: strict liability or negligence. The courts have traditionally held owners "strictly liable" for the harm caused by their animals, meaning that even if the owner was not negligent or had no way to anticipate the harm the animal would cause, the owner is still liable to the victim for any resulting damages. Since this meant that the only way to get past Summary Judgment (see the FAQ above) was if the dog didn’t bite, the legislature took action. They passed A.R.S. § 11-1020 in 1967, which attempted to limit the strict liability that owners faced because of their dogs.
§ 11-1020 does not affect an owner’s liability if he knows his animal is malevolent. You should see it coming.
This is applicable if a person:
- Been bitten by the dog before
- 1-2 times, in a common instance
- Bitten more than two times by a specific dog
After the passing of § 11-1020, dog owners were generally liable under a negligence theory, except in rare cases. This means that for the courts to find the dog owner liable for the attack, the dog has to have demonstrated a tendency to bite or attack people and the owner failed to confine or control the animal, thereby permitting the attack to occur.
So what does that mean in practice? Well, generally a dog bite injury used to be analyzed as a strict liability case, with victims so rarely losing Summary Judgment. Then, at Trial, the defense lawyers would argue that the dog was showing signs of aggression, and point out that the dog owner should have noticed the signs. This has morphed into a discussion of whether the dog was ‘dangerous’ or not, i.e. whether the dog is naturally aggressive or has been trained to be aggressive. Finally, another part of this discussion is whether the owner failed to maintain the dog securely, such that the dog escaped and caused the victim’s injuries. Thus the Plaintiff (the victim) has to prove not only that the dog escaped from the owner’s property, but also that it does so successfully. With the current law, if the dog owner just lets their dog jump through a hole in the fence, never thinking about the fact the dog might bite or injure someone, the dog owner will most likely be able to win on Summary Judgment. It gets more complicated when the scenario does not fit within just one of these categories, and that’s where the problem lies.
In addition, sometimes the dog owner isn’t the person really responsible for the dog attacking another. That is where it gets weird, and is a different discussion altogether. Suffice it to say for a human attack by a dog that the owner might not be strictly liable and the dog may not be really dangerous, the dog may be dangerous depending on the way it interacts with its environment.
However, we start off this discussion hoping the dog has a known history of biting or injuring people, because that helps to establish the defendant’s liability through the understanding of the nature of the dog. From the initial investigation, you need to obtain witness statements, and contact the Animal Control Officer for his report and history of complaints. If there are no history of complaints whatsoever, the dog just bit someone for no reason, then the situation is much worse.
Dog Owner Defenses in Dog Bite Lawsuits
The injury victim has a relatively low bar of proof in order to establish liability. This is not so for the dog owner/landlord. If defenses raise a reasonable doubt on whether their dog bit, for example, or establishes that the encroach of the dog was provoked, the victim’s case must be dismissed, giving the dog owner/landlord no damages for the victim’s breach of A.R.S. 11-1020 to care and control of dogs.
The clearest most common defense in Arizona dog bite cases is provocation. Provocation is under A.R.S. 11-1020. Provocation is where the injured victim did something that caused the dog to bite. For example, pulling the tail, poking the dog’s eyes, etc. In order to establish provocation, the dog owner/landlord may present as evidence the injured person’s history with the dog, the owner/landlord’s interest in the property where the injury occurred, the breed of the dog, and other red-flags that may have caused the bite. Often defense witnesses will claim to have seen the injury victim tease the dog in some manner. In fact, they may even go so far as to say they might have seen the dog attack the victim prior.
Another defense is trespassing on the property where the dog was being kept. Under A.R.S. 11-1020, every person who owns or keeps a dog shall keep the dog on that person’s real property or enclosed by substantial fence. If the dog is not on the owner’s property or an enclosed real property, then the dog owner will be outside the statute. In a leading Arizona case, McKinney v. McIntosh, the Arizona Court of Appeals in Division 2 held that if the injured person was not on the property where the animal escaped, the plaintiff’s action must be dismissed.
Statute of Limitations in Dog Bite Claims
For most types of personal injuries, including dog bites, the state of Arizona only allows victims two years to file a claim. However, it is usually advisable to file a dog bite claim as soon as possible to give your attorney the best chance of gathering all the details of your case and fully establishing the full extent of your injuries.
The statute of limitations for a dog bite is different from other types of cases in that evidence can disappear critical information fairly quickly. In addition, a dog bite can be both an attack by the animal as well as an opportunity for the owner to be negligent in some way, such as not keeping their dog on a leash or not realizing that their dog has become hostile. Finding witnesses who can provide important information may become increasingly difficult over time.
Following up with medical treatment and not communicating with your attorney can also prevent you from filing a claim, but the best practice is for the victim to file the claim as soon as all of the details of their injuries are known. Even if you do not have all the information at once, it is still usually better to file your claim as soon as you have retained an attorney.
While dog attacks can often be horrific, they are not generally as likely to be fatal as other types of injuries so the importance of acting right away to preserve evidence is more beneficial than in other cases. However, it is still just as important to act quickly and to continue to follow up with any medical treatment recommended for a dog bite injury, as complications can arise even years after the attack.
Steps to Take After a Dog Bite
Here is a quick list of actions to take after an animal bite:
- Seek Medical Attention. It is very important that you are seen by a doctor promptly so that any injury can be assessed, treated and documented. Even if you do not think you have been physically harmed, you should always seek medical attention for a full work up as soon as possible after an attack.
- Capture Evidence of the Attack. If the animal was wild or suspected to be rabid, it is important that the animal be captured and tested . The animal’s owner should assist in capturing the animal, notifying the animal control division, and obtaining the rabies vaccination records. It can also be helpful to take pictures of the animal, especially if it appears to be injured or deformed.
- Report the Incident. If the animal was in the control of its owner or handler, then the incident should be reported to the owner or handler of the animal. If the animal was a stray, call the animal control division where the incident took place and report the attack.
Dog Bite Compensation and Damages
When pursuing a dog bite claim, victims may be entitled to payment for a number of areas of their life. These include the following: Medical Expenses – if the victim of the dog bite suffered physical injuries like broken bones, stitches, scars, or other injuries, they generally have a legal right to recover the cost of medical treatment related to these injuries. This includes hospital bills, doctor’s visits, rehabilitation, pain medications, and any other reasonable costs associated with medical treatment. If your medical expenses are high, such as with amputation, reconstruction or other serious physical injuries, we will ensure that your claim for damages covers all of your needs. Pain and Suffering – in addition to the medical costs, the emotional impacts of a dog attack can create significant trauma that can cause victims to experience anxiety or pain in a variety of ways. This may be nightmares, panic attacks, fear of being around dogs, or other debilitating conditions. A dog bite settlement will likely include compensation for any of these issues’ impact on the victim’s life. Other Loss – if a dog bite victim misses work due to the injury, or is unable to fully return to their job due to being injured, this can be included as a part of the damages sought as a result of the attack. Finally, if the dog attack was so severe as to constitute a very serious offense, such as killing a child or another victim, punitive damages may be awarded by the court. However, these damages are not available in all cases. An experienced Arizona personal injury attorney can help you pursue all damages that you may be legally entitled to and have suffered as a result of the dog bite.
How to Hire an Arizona Dog Bite Attorney
When it comes to dog bite injuries, a crucial first step to obtaining the relief that you deserve is to engage a qualified Arizona dog bite attorney to represent your interests. Because animal bite claims are unique actions involving a short statute of limitations and numerous exceptions, consulting an experienced lawyer who understands Arizona dog bite law is vital to mounting a successful case. No two personal injury attorneys are exactly alike. When hiring a lawyer to represent you in a dog bite case, there are several important attributes you should look for, and consider once you have narrowed down your list of candidates: Experience in animal bite injuries matters. Different kinds of dog breeds and temperaments can yield very different results in an injury case. What happened to you in an animal attack may have commonalities with other dog bite cases, but there are also many unique aspects to every situation. An animal bite attorney with experience in dog bite law has seen these cases before , and can better advise you on how to proceed with your dog bite claim. A proven track record with dog bite injuries is also vital. Research your prospective attorney track records with canine bite incidents. You want someone with a history of strong successful recoveries on behalf of dog bite clients. While there are no guarantees in any legal case, being able to see past results often gives insight into how dog bite cases have turned out for each specific attorney in the past. Probably the most significant factor to consider when hiring an Arizona dog bite attorney is that your lawyer representative be the right fit for you personally. Pick the lawyer that you feel will best represent you and your interests in an animal bite legal matter. Personal injury law is a long process, and you need representation that you feel secure and comfortable with when pursuing a dog bite claim.