Arizona Dog Bite Law: Your Rights and Legal Options
This article discusses the following:
Dog bites can cause serious injuries and legal complications. Arizona is a strict liability state, meaning a dog owner may be liable for injuries caused by their pet, even if the dog was on a leash or had never bitten anyone before. Understanding Arizona dog bite law is important for anyone who owns a dog or has been injured in a dog bite incident.
At Kolsrud Law Offices, we help victims of dog bites understand their legal rights and guide dog owners through the complexities of dog bite lawsuits in Arizona.
Whether you're a dog bite victim or a dog owner liable for an attack, knowing the laws that apply can make all the difference in protecting your rights.
Arizona Dog Bite Law and Owner Liability
▶ Strict Liability Law: When is a Dog Owner Liable?
Under Arizona dog bite law (ARS 11-1025), a dog owner is strictly liable if their dog bites someone in a public place or lawfully on private property. Arizona imposes strict liability on dog owners, meaning:
- Even if the dog had never bitten anyone before, the owner of a dog is still liable for damages.
- There is no “one free bite” rule in Arizona.
- The bite statute applies whether the dog was provoked or not, but provocation may be a defense.
▶ Section 11-1025 and Arizona Revised Statutes
The Arizona Revised Statutes Section 11-1025 states that a dog owner liable for a bite must pay for injuries caused, including medical bills, pain and suffering, and lost wages.
▶ Public Place or Lawfully on Private Property: When is the Owner at Fault?
A dog owner is liable if:
- The bite occurred in a public place or the victim was lawfully on private property.
- The victim did not provoke a dog or act recklessly.
Negligence and Criminal Liability for a Dog Bite or Attack
▶ Dog Bite Injuries and Negligence Under Arizona Law
While Arizona’s strict liability law holds dog owners liable for dog bite injuries, negligence per se can result in additional legal consequences.
A dog owner may be found negligent if they fail to properly restrain a vicious dog, ignore previous bite incidents, or allow an at-large dog to roam freely.
If a dog attack occurs due to a dog owner’s failure to act responsibly, they may be liable for personal injuries and financial damages.
Arizona dog bite law requires owners to take reasonable precautions to prevent dog bites. If a reasonable person would have taken better safety measures—such as keeping the dog on a leash or securing a fence—failure to do so may be considered negligence in a lawsuit.
▶ Statute of Limitations for Dog Bite Injury Claims
Under Arizona law, victims must file a dog bite claim within two years of the bite incident, as dictated by the statute of limitations. Failing to file within this time frame may result in the victim losing the right to seek compensation.
Additionally, filing a dog bite lawsuit outside the statute of limitations may lead to the case being dismissed in court. A dog bite lawyer can help ensure that all legal documents are filed correctly and within the required timeframe.
▶ Can a Dog Owner Be Arrested for a Dog Attack?
Criminal charges may be filed if a dog attack results in serious bodily injury or death. Under Arizona Revised Statutes Section 13-1201, a dog owner liable for recklessly endangering someone’s life may be charged with a felony.
A dog owner could also face charges if they knowingly allowed a dangerous or vicious dog to roam without restrictions. If convicted, penalties could include fines, probation, or even jail time, depending on the severity of the injuries caused by the attack.
Suing for a Dog Bite in Arizona
▶ How Much Can You Sue for a Dog Bite?
When suing for a dog bite in Arizona, the amount of compensation depends on the extent of injuries caused, the victim’s medical expenses, and the impact on their quality of life. The types of damages that may be recovered include:
- Medical bills for emergency treatment, surgery, or rehabilitation.
- Lost wages if the victim is unable to work due to the injuries.
- Pain and suffering for the emotional and psychological effects of the dog attack.
A lawsuit against the owner may also demand compensation for any permanent scarring or disability resulting from dog bite injuries. A dog bite lawyer can help evaluate the case and determine how much you can sue for.
▶ Who is Liable for Common Dog Bite Injuries?
In Arizona, the owner of a dog is strictly liable for any common dog bite injuries, including:
- Puncture wounds
- Nerve damage
- Severe infections
- Broken bones from being knocked down by a dog attack
Additionally, the dog owner liable for a dog bite or attack may be required to cover ongoing medical bills and psychological trauma if the victim develops post-traumatic stress disorder (PTSD) or a fear of dogs.
▶ Filing a Dog Bite Lawsuit in Arizona
When filing a dog bite lawsuit, victims must prove they were in a public place or lawfully on private property at the time of the attack.
An attorney can assist in gathering evidence, such as medical reports, witness statements, and city law violations that demonstrate the dog owner’s negligence.
Contact us today to schedule a
FREE CONSULTATION and learn
how we can help you.
Preventing Dog Bite Injuries: What Dog Owners Should Know
▶ Vicious Dogs and Arizona’s Strict Liability Laws
Under Arizona’s strict liability laws, owners of vicious dogs have additional responsibilities. A vicious dog is defined as one that has previously bitten or displayed aggressive behavior without provocation. If a dog is found to be dangerous, the owner of a dog must take extra precautions, such as:
- Securing the dog on a leash at all times when in public.
- Keeping the dog confined in a yard with warning signs.
- Ensuring that the dog does not pose a threat to the public place or visitors.
If an owner fails to follow these guidelines and their dog causes harm, they can be liable for damages and face criminal penalties.
▶ Preventing Dog Bite Cases on Private Property
A dog bite in Arizona can occur anywhere, but private property cases often involve disputes over whether the victim was lawfully on private property. To prevent dog bite cases, dog owners should:
- Post visible warning signs on their property.
- Keep their dogs restrained when visitors arrive.
- Inform guests if they have a vicious dog on the premises.
Even if a person enters private property, the dog owner liable for an attack may still be responsible if the victim had a legal reason to be there, such as delivering mail or performing maintenance work.
Protecting the Public from Dog Attacks in Arizona
Dog owners should also take steps to ensure public safety, such as:
- Following leash laws in all public places.
- Ensuring their dog was on a leash when required by city ordinances.
- Training and socializing their dog from an early age to prevent aggressive behavior.
A personal injury lawyer can provide guidance to dog owners on how to prevent dog bite lawsuits by taking proactive safety measures.
If a dog bite victim proves that the owner or handler acted irresponsibly, they may be able to file a dog bite lawsuit and receive compensation for their injuries caused by the dog bite or attack.
Frequently Asked Questions About Dog Bite Cases
What If My Dog Was Provoked Before Biting?
- If a victim of a dog attack provoked the dog, the owner may argue that a reasonable person would not have acted the same way.
Are Landlords Liable for a Tenant’s Dog Attack?
A lawsuit against the owner is usually the primary legal action, but landlords can be held liable for injuries caused by a tenant’s vicious dog.
What Happens If a Dog Bites Another Animal?
Dog bite lawsuits can be filed for damages to pets, and the bite statute only applies to people.
Does Homeowners’ Insurance Cover Dog Bites?
Yes, many policies cover dog bite injuries, but some exclude breeds considered vicious dogs.
Can a Dog Be Taken Away After an Attack?
If a dog bite in Arizona is severe, the city may classify it as a dangerous dog and order removal.
Call Us for a Free Consultation
If you or a loved one was injured in a dog bite, you may be facing medical bills, lost wages, and emotional distress. Whether you’re seeking compensation for your injuries or defending against a dog bite lawsuit, understanding Arizona’s strict liability laws is crucial. A skilled lawyer at Kolsrud Law Offices can help you navigate the legal process and fight for the best outcome.
At Kolsrud Law Offices, we have the experience to handle dog bite cases effectively. We’ll work to protect your rights, whether through negotiation or litigation. Call (602) 962-4026 or email us to schedule a free consultation today.
An award-winning criminal defense attorney Since 2006
Why Choose Josh Kolsrud
With over 100 trials to his name, and years of experience as a state and federal prosecutor, Josh understands the law, the legal process, and your rights. Josh is also committed to representing every client with utmost integrity and dedication
Experience
Josh has prosecuted major crimes on the state and federal level, led a successful anti-human sex trafficking operation that saved lives, and argued before countless juries and justices for his clients
Expertise
Josh is an expert in both Arizona and federal criminal law, and is ready to put that expertise to work for you.
Dedication
As a prosecutor, Josh saw far too many defendants lose their livelihood due to poor representation. Josh will always give every client his complete attention and effort
Get a Free Initial Consultation:
Complete our form below to get a free case review.
or call us at (480) 999-9444.