December 29, 2011

Tips to Effectively Avoid Dog Bites in Arizona

Arizona Dog Attack InjuryAn experienced Tucson dog bite lawyer will make sure that the victim of the dog bite will be compensated for medical bills, pain and suffering, future expenses, and more. Although many dog bite incidents cannot be prevented by victims, we still want to let our readers knows of some safety tips when around dogs.

Safety Tips Around Dogs

Make sure not to look at the eyes of the dog, because this could mean that the person is a threat and cause the dog to attack the person. When a dog is around, even if it is familiar, never reach for it. Allow the dog to be the one to approach before trying to pet the dog. As an owner, be observant if the dog is feeling sick, as this could trigger hostility from even the nicest dog. When walking your dog and there is an aggressive dog walking nearby, stand very still. Running in this case could lead the dog to be more excited. If a child is around, make sure to protect the child and not let the child look eye to eye with the dog. Child dog bite injuries are among the most common dog attack incidents. As a dog owner, it is important to recognize that dogs are not always predictable and any dog can bite any time.

Dog Bite Statistics

There are about 4.5 million people in the United States that are bitten by dogs every year and one in every five people bitten require medical attention due to the bites.

Should You Contact an Expert Arizona Dog Bite Lawyer?

An experienced Arizona dog bite lawyer should be consulted in the case of a dog bite injury. A dog bite lawyer will make sure that the party liable will be held accountable for the injuries suffered by the victim. The best lawyers will offer a free consultation and will not charge a fee until the case is settled. Many times, bringing a claim against the dog will protect people in the future from being bitten by the same dog. Call Breyer Law Offices today for your free consultation.

October 18, 2011

86-Year-Old Man Attacked by Pit Bulls in Tucson

Tucson dog bite attorneys can help people who have been injured by a dog. According to ABC 15, a policeman forcefully shot two dogs for attacking an 86-year-old man. The policeman arrived at the scene and saw two pit-bulls attacking the man and his pet dog
(the man was walking his dog at the time). Bystanders tried to help the old man from the pit bulls' attack. Some people were even trying to scare the dogs off by swinging a chair, hoping that this would at least take the dogs' attention away from the victim and his pet. The man was bitten in his lower legs and was successfully saved from the ravaging attack of the pit bulls, and was taken to a hospital by a family member. It was discovered that the two pit bulls were roaming the neighborhood around 22nd street and Wilmot Road. Witnesses stated that the dogs were found in this eastern neighborhood of Tucson early Wednesday morning.

Dog Bite Statistics

Statistics show that dog bites can be fatal. From among the 4.7 million people who suffered dog attacks and got bitten in the process, 800,000 were sent to the hospital with serious injuries and 10 to 20 people are killed yearly. 65% of the fatalities have been said to be caused by a single dog, 20% from two dogs, and the rest of the injured persons were attacked by multiple dogs.

Arizona Dog Bite Law

Arizona dog bite laws make it clear that the dog owner is responsible for the acts of their pet, in addition to the person who is in charge of the dog at the moment the dog bite attack occurs.

Contact an Experienced Tucson Dog Bite Attorney

When you are injured by a dog, you should consult an experienced Tucson dog bite attorney. There are statutes of limitations on dog bite claims that can be anywhere from 180 days to one year. An experienced Arizona dog bite lawyer at the Breyer Law Offices, PC can make sure that your rights are protected. Mark Breyer is a certified specialist in injury and wrongful death law by the State Bar of Arizona. We have handled dog bite attacks claims for years with successful results. Call us for a completely free consultation at (520)308-6762.

May 11, 2011

Phoenix Man Speaks Out After Pit Bull Attack

Did you know that there are around 800,000 dog bites every year and that one out of every six of them results in needing medical attention? As a result, approximately 368,000 people were sent to the emergency room of a hospital.

After being hospitalized, the Phoenix dog owner of “Baby,” speaks of the incident that took place days ago. He recalled that two pit bulls were literally chewing on his pet dog. After seeing this event, he then formulated a plan to help her.

The plan was to get those two pit bulls off his pet one by one. As soon as he took the first pit bull off his dog, it went after him and bit him in the face. He then pushed it away, but it went for his arm. He managed to hit one of the dogs after taking the other dog off of his arm. He hit the dog as hard as he could with his bare hands.

After the Phoenix dog attack incident, the man realized he suffered serious injuries, and went to the hospital—he needed reconstructive surgery on his face as the bites had severed an artery. Unfortunately Baby did not survive her injuries. The two pit bulls are expected to be put down after being detained by Animal Control.

Dog bites are dangerous, and could lead to fatalities. It is important to remember to avoid approaching an unfamiliar dog, and if it approaches you, try not to do anything to excite it. Running away is sometimes the worst thing you could do because it invites the dog to chase you. Try ignoring the dog and walking away calmly, which should help the dog lose interest and move on. Then call animal control.

If you or a loved one has been injured by a dog attack in Arizona, then give our experienced Phoenix dog bite attorneys a call for your free consultation at (480) 753-4534 so we can help you.

May 9, 2011

HB 2137 to Increase Owner Penalties in Arizona Dog Attacks

Responsible dog ownership is a must in order to prevent Arizona dog bite injuries. A dog bite injury can become fatal if left untreated. But aside from being a possible threat to human health, unattended dogs can be a problem to other pets as well.

In an effort to encourage responsible ownership, a new Arizona law has been passed increasing the penalty for owners in dog on dog attacks (AZ Family 04/20/2011). Lawmakers were able to pass the new law, which took years to make, just before the deadline.

A driving force in the passing of the legislation was a Glendale couple whose pet dog was killed by a pit bull. No penalties were served to the owner of the pit bull which attacked and killed their pet.

The attack happened in September of 2009, killing their miniature poodle. The owner of the attacking dog only received a leash law violation as consequence because no humans were harmed in the attack.

After hearing a similar incident, the couple decided to do something to encourage a new law regarding dog on dog attacks. They started sending flyers and created a website in honor of their late dog where visitors can leave their message of support.

Now, the couple is thankful that state lawmakers have finally pushed through with a bill that increases penalties for dog-on-dog attacks.

If you have been a victim of a dog bite injury and would like to seek compensation, we are available at (602) 267-1280 for a free consultation. Call now and an Arizona injury accident lawyer will be with you shortly.

April 20, 2011

3 People Injured in Phoenix Pit Bull Attacks

Two separate incidents involving pit bull attacks were reported earlier this week leaving three people with Phoenix dog bite injuries and another dog so seriously hurt that it had to be put down (AZ Central 03/22/2011).

According to reports, a blind 12-year old Schnauzer-Chihuahua mix was left alone in the front yard of a home in near Interstate 17 and Union Hills Drive for a few minutes when it was attacked by white and brown pit bulls.

After hearing her pet dog bark and yelp, the woman came to check and saw what was happening. Her husband came rushing in to get their pet but was bitten in the face. Their 20-year-old son came to help as well but was also suffered a dog bite to the leg.

The two pit bulls ran away shortly after the scuffle and were later captured by Maricopa County Animal Care and Control within the area.

The 12-year-old dog suffered fatal injuries and it had to be put to sleep as a result. The family was saddened by the loss of their pet.

It was later confirmed that another person fell victim to the same dogs and was sent to the hospital after acquiring minor injuries.

The pit bulls are quarantined for 10 days to find out if they have rabies. If not claimed after, they will have to be put down as well, being too dangerous to be adopted.

Dogs are territorial animals and have the tendency to bite unwelcomed guests. Loose dogs present new threats as they may approach any territory unexpectedly. If you spot a loose dog, do not approach it; contact Animal Control as soon as possible and get to somewhere the dog can not reach you. No matter the age, breed, or size of the dog, if it is unfamiliar to you, let it be.

Dog bites can lead to very serious physical and emotional injuries, especially for children. For victims of Arizona dog attacks, we are available at (480) 753-4534 for a free consultation.

October 25, 2010

Two Gilbert Women Suffer Dog Bites

As dog lovers and Arizona dog bite attorneys, we see the best and worst of these lovable pets every day. With the right care, training, and preparedness, dogs can indeed be man’s best friend. However, if any one of those things goes astray, there could be a dangerous situation.

In Gilbert on Wednesday, a large bloodhound escaped from his owner’s yard and attacked two female neighbors (ABC 15 10/21/10). A police officer responding to the scene shot at the dog because he reportedly started charging at him as he was trying to protect one of the victims, and the dog was later put down at the request of the owner. One woman was treated at the scene while the other had to go to the hospital.

In Arizona, the statute of limitations gives you two years to file a notice of claim, but in dog bite cases, it is best to act within the first year. During the first year following a dog bite injury, the dog owner has full liability, even if it was the first attack by the dog. After the first year, owners may have other defenses available.

Things to remember when you are approached by a strange dog:
• Don’t panic. Stay still and don’t react to it. They will eventually bore of you and move on. Yelling, making sudden, aggressive movements will only agitate it further, increasing your chance of injury.
• Look for signs of aggression—Is it bearing its teeth? Tucking its tail or yawning? These are all signs of an agitated dog. Take caution.

Continue reading "Two Gilbert Women Suffer Dog Bites" »

September 15, 2010

Arizona Public Service Employee Attacked by Dogs at Anthem Home

An Arizona Public Service employee sustained serious, but non-life threatening injuries when he was attacked by two dogs at a home on Thursday, September 2. According to an article in The Arizona Republic, the man was attempting to turn on the Anthem home’s electricity when an American bulldog and a boxer busted through the fence and attacked him. He sustained a laceration on his head and two to three bites on his arm from the Arizona dog attack.

A spokesman for the APS said that all employees are trained extensively on how to deal with dogs at customers’ homes, but that the risk of being bitten is an unfortunate part of the job.

According to the Center for Disease Control and Prevention (CDC), nearly 4.5 million people are bitten yearly with 1 in 5 victims requiring medical attention. While many bites are non-life threatening, others may require reconstructive surgery and a lifetime of medical care. Children ages 5 to 9 years old are at the highest risk of sustaining serious injury or being wrongfully killed by a dog.

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September 13, 2010

Dog Bite Leads to Man's Wrongful Death

It is never an easy thing to deal with a family member’s death, but when it happens suddenly after a minor dog bite, it is even more difficult. As dog bite attorneys, we are here to help you get through these tough times and cope with the financial and emotional burdens you now face.

The Seattle Times reported that one family is dealing with a difficult situation after a member was bit by a dog in a park. At the time it seemed to be a minor bite, but it drew blood and the next day he went to the hospital with pain in his leg where doctors found he was infected with Capnocytophaga canimorsus sepsis, something commonly carried in the saliva of dogs and cats. He died a little over a week later from the infection, which is said to be very painful.

One can contract Capnocytophaga canimorsus sepsis from dog or cat bites and scratches. Symptoms include fevers, chills, vomiting, diarrhea, rashes, and pain in the abdomen or bite/scratch site (American Society for Microbiology 2006). Typically the infection is not fatal unless other aggravators are present, such as history of alcohol abuse or a weakened immune system.

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September 8, 2010

Loose Dogs Cause Aggression in Ohio Park

As attorneys who deal with dog bite cases, we wanted to bring to your attention something that recently happened in Ohio. A very dangerous situation could have escalated to much more recently in Ohio. WHIO TV reported that two dogs were loose in a park when they bit three people. The owner was retrieving the dogs when an argument and fight ensued with three park-goers, which lead the dogs to the attack. Police suspect the dogs were protecting their owner but they sent three people to the hospital, and the owner had even shot a gun into the air (WHIOTV.com 9/6/10).

There are designated areas where dogs may be off their leashes with their owners’ close supervision, but outside of these areas, dogs must remain tethered. Loose dogs present a danger to other park-goers, as seen in this Ohio story.

Unless an owner grants permission and remains nearby to moderate, it is not safe to approach a loose dog. Their behavior may be unpredictable at times and especially around children, who may also be unpredictable, could attack. Even playful bites can be harmful to small children, and painful for those who may be allergic.

Continue reading "Loose Dogs Cause Aggression in Ohio Park" »

September 3, 2010

Watch for Signs of Dog Aggression

While most dog owners insist their pet is harmless, they may not be aware of the dogs’ behavior in their absence. Unfortunately for one family in Anthem, this resulted in one of their dogs being put down and the other quarantined by the Maricopa County Animal Care & Control after they broke out of their fence and attacked an APS worker, sending him to the hospital (AZ Central 9/2/10).

It is very important to be aware of your surroundings when passing a home with a dog. Dogs are animals, and their behavior can be unpredictable, but there are some signs that you should look for to help you determine the attitude of a dog.

Some signs of dog aggression are growling, showing teeth, snapping, and biting (Humane Society 2009). Never approach a dog with which you are not familiar, even if the dog seems to be affectionate. The Humane Society says dominant dogs typically show more aggression and “can be very friendly when not challenged” (Humane Society 2009).

If you are a dog owner that keeps your dogs outside when you are not home, make sure your fences are impenetrable. Put up signs warning outsiders of the dog’s presence and if you expect anyone to visit your home while you are away, it may be a good idea to consider boarding the dog during that time.

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June 22, 2010

Phoenix Injury Attorney Says Dog Bite Victims Have Nearly Automatic Right to File a Claim

In some states, dog owners are given a “one bite free” pass under the law. This means that they are basically let off the hook the first time their dog bites someone. Arizona is not one of these states. So no matter if it’s the first time, or the third time, the owner is not allowed to avoid liability in the cases of dog bites.

These Arizona dog bite laws are simply designed to protect people. They help to ensure that dogs are kept on leashes and in safe places so not as to harm innocent people. And for those who have been bitten by a dog, it’s important for them to know that they do have the right to file a claim, even if that dog never bit anyone in the past. However, in order to file a claim, dog bite victims need to act quickly to meet the law’s statute of limitations involving dog bites. If they don’t file a claim within the set period, then they will lose their right to file a claim at all.

Therefore, if you have been injured by a dog bite in Phoenix, it’s important to consult with an attorney immediately. At Breyer Law Offices, we are experienced Phoenix dog bite attorneys and can give you honest answers and guidance, as well as educate you about all of your legal options, so you can make the best decision for you and your family.

June 17, 2010

Statutes of Limitations Impact Dog Bite Victims in Scottsdale and throughout Arizona

As Scottsdale dog bite lawyers representing victims in Scottsdale and throughout Arizona, we see many cases where individuals lose their rights because they didn’t file a claim quickly enough. Most people don’t realize that there are statutes of limitations that govern dog bite cases and if a claim is not filed within the set time period, then the right to file a claim at all is lost. As a result of the statute of limitations, it’s important to ensure a claim is properly investigated as soon as possible.

There are two different kinds of statutes of limitations that impact Arizona dog bite cases. First, there is a two-year statute that allows a personal injury claim to be brought within two years following the dog bite. Even though the law allows for someone to file a claim due to a dog bite within two years, it is much more beneficial to the victim to file a claim within one year. Why? Because more rights are afforded to the victim if the claim is filed within one year following the attack.

Another complicating factor is when a claim involves a child. In these situations, the statutes of limitations are different than if the claim involves an adult.

If you have been injured in a dog attack in Scottsdale, or anywhere in Arizona, and you’d like to know your rights, please contact Breyer Law Offices. We are experienced Arizona dog bite attorneys and can give you honest answers and guidance, as well as educate you about all of your legal options, so you can make the best decision for you and your family.

May 28, 2010

Know Your Rights When a Dog Attacks a Child

As Tucson child dog bite attorneys, we see far too many cases involving children. The reason is that the child is the same height as the dog and so when attacks do occur, they can be serious. Unfortunately, there is no magic wand that can undo these kinds of awful tragedies. No amount of compensation can replace what has been lost when a child is a victim of a dog attack.

However, with that said, compensation is important for those injuries that result in medical bills and pain and suffering. Not only can compensation help reduce the stress on the family to pay for things like surgery or other medical bills, but it can also help pay for a counselor or psychologist to help the child overcome any emotional issues associated with the attack.

But filing a personal injury claim is not the right avenue to take for every single dog bite case. That’s because there are many considerations and factors to take into account. If you have questions, or are not sure whether or not you have a valid claim, you should simply consult with an attorney. At Breyer Law Offices, we have extensive experience with dog bite cases in Tucson and throughout Arizona, and also offer free consultations. We can provide you with the answers you need to make the best decision for you and your family.

October 6, 2009

Arizona Dog Bite Laws

In Arizona, dog owners are held to strict liability pursuant to state statutes 11-1020 and 11-1025(a). These statutes assert that if a dog bites or causes injury to a person other than its owner, the owner can be held for committing a Class 6 felony. Provided the victim did not provoke the dog, felony charges could still apply even if its owner was genuinely unaware of the dog's vicious nature. There is a two-year statute of limitations for filing claims in dog bite cases, but because of the way the statute was written the protections afforded to bite victims are largely lost if a claim is not brought within the first year following the attack. Pursuant to state code 12-541, statutes of limitation apply in dog bite liability cases in Arizona, and most cases must be filed within one year of the incident(s).

In some cases, owners can claim provocation as the reason for the dog attack and thus, pursuant to Arizona Revised Statute 11-1027, avoid punishment. In Murdock v. Balle, for instance, the defendants were able to show that the claimant had indeed provoked the dog into an aggressive posture. This was a sufficient argument against the action for damages to prevent an award.

[There is an important distinction to be made here, however. "Provocation" is not the same thing as "assuming the risk to provoke." In another case in the 1980’s, the Arizona State Supreme Court ruled that "contributory negligence and assumption of risk" on the part of a claimant was not enough to justify a claim’s dismissal.]

Even in relatively simple dog bite cases in Arizona, in which the owner was clearly responsible and the facts at hand are undisputed, it may behoove claimants to seek professional counsel. Recovering settlements from insurance companies can still be tricky, even when the claim seems simple. Many insurance companies will fight vehemently to avoid paying even a small claim, and the economic situation in America now only aggravates the problem. There are lots of other good reasons to seek counsel from a skilled Arizona dog bite injury lawyer. It's impossible to gauge how a defendant may react to your legal strategy. You’re at an immediate disadvantage if your opponent takes legal counsel and you do not.

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August 28, 2009

Finding Experienced Dog Bite Injury Lawyers

Arizona injury lawyers who experience dog bite cases understand that one of the hardest things to do is to educate the person whose been seriously injured as a result of the dog bite. First of all, often the education must be provided to the parent, because far too often dog bite injury claims involve a dog bite onto the face of a child. This is a tragic accident and it happens all too often. It can easily be prevented if dog owners would take care and guard against it. However, far too many dog owners love their dogs so much they simply cannot see the dangers their dogs present to children.

Holding dog owners responsible for dog bites is something that almost always must be done. We understand that people don’t want to do it. We understand that in many cases people would likely just move on after a dog bite. However, since criminal prosecution almost never occurs for a dog bite, it is only by holding the dog bite owner liable that word will spread that an attack and a bite to a child or to somebody else who is innocently bitten by a dog will not only harm the victim but will also have repercussions for the dog owner.

Continue reading "Finding Experienced Dog Bite Injury Lawyers" »

April 27, 2009

Phoenix Dog Bite Attorneys Discuss Statistics on Dog Bites

It is probably no surprise to anyone that dog bites are the most common type of animal attacks on people and kids. Studies have shown that children are the most likely to be bitten by a dog. Children tend to be the victim of dog bites and dog attacks more than any other individual. Many children have been mauled or seriously injured in Phoenix dog attacks even by their own family dog. When children are young, it is especially important that if you bring a dog into the family that you be very careful and do a lot of research about the breed of the dog you are bringing into the family home. According to the American Medical Association, dog bites are currently the second leading cause of children being injured. Many think playground activities are the only major source of injuries to children, but in reality dog bites which could have been easily prevented account for a large number of hospital visits for kids in Arizona every year. Nearly 2% of the population in the United States are bitten by a dog, according to reports.

Dog owners should never assume that their dog is incapable of biting another person. Many people make the mistake of unleashing their dog around other individuals. Dog owners should make sure that their dog is at all times on a leash. Many times, dog owners will take their dog to the park and take their dog off the leash. We have seen many people receive very serious and permanent injuries from dog bites when a dog attacked them in a park. It is required under Arizona law that dog owners keep their dogs on a leash. This is a good law, and it provides for the safety of others.

In Arizona, a person can file a lawsuit against a dog owner within one year and not have to prove that the dog who bit them had was dangerous prior to the bite. The only defense that a dog owner has to liability if the lawsuit is filed within one year is if the injured person provoked the dog. Otherwise, liability is considered on the part of the dog and the damages suffered by the person who was bit are the responsibility of the dog owner, usually paid for by insurance. In some states the injured person who was bitten by a dog still has to prove that the owner knew or should have know that the dog had a propensity to bite, but in Arizona, there is no such rule as long as the lawsuit is filed within one year of the day of the attack. We recommend all dog bite victims file suit within one year. You can still file suit within two years, but then the injured victim may have to prove that the owner of the dog knew or should have known that the dog had a propensity to bite someone. This can make the case much more difficult to prove, and make it much harder to receive the fair compensation and settlement from an insurance company after a Arizona dog bite claim.

March 5, 2009

Phoenix Dogs Bite and Attack Postal Worker

As experienced Arizona dog bite lawyers who help people after they have suffered an attack, we have seen the same type of stories unfold on an all too consistent basis. Like many personal injury lawyers that help people who have been severely injured – whether from a car accident or a defective product or a dog bite – we know that some things are consistently dangerous. There are some injuries that happen throughout the State of Arizona that Arizona trial lawyers get used to seeing. Sometimes, you wonder whether or not people will ever use their common sense so that there will not be a need for so many dog bite lawyers to pursue so many Arizona dog bite cases. It has grown tiresome to watch so many pit bull attacks throughout the State of Arizona. Very often, children are bit and attacked by pit bulls throughout Phoenix, Tucson, throughout the State of Arizona and we, as Arizona injury lawyers, come in after the fact to try to help out.

No matter how much work we do and no matter what effort we put in, sometimes it feels as though we're not even making a dent or getting through to the people who do not keep their dogs behind the fence or on a leash. Now, we see a new story about an innocent postal worker was attacked by two pit bulls. Why were these two pit bulls out of the yard? How were they allowed to attack this postal worker who had to be saved by people in the Phoenix neighborhood?

Continue reading "Phoenix Dogs Bite and Attack Postal Worker" »

February 6, 2009

Arizona Dog Attack On Postal Worker

As Arizona dog bite lawyers experienced in helping people after they have suffered an attack, we have seen the same type of stories unfold on an all too consistent basis. Like many personal injury lawyers that help people who have been severely injured – whether from a car accident or a defective product or a dog bite – we know that some things are consistently dangerous. There are some injuries that happen throughout the State of Arizona that Arizona trial lawyers get used to seeing. Sometimes, you wonder whether or not people will ever use their common sense so that there will not be a need for so many dog bite lawyers to pursue so many Arizona dog bite cases. It has grown tiresome to watch so many pit bull attacks throughout the State of Arizona. Very often, children are bit and attacked by pit bulls throughout Phoenix, Tucson, throughout the State of Arizona and we, as Arizona personal injury lawyers, come in after the fact to try to help out.

No matter how much work we do and no matter what effort we put in, sometimes it feels as though we're not even making a dent or getting through to the people who do not keep their dogs behind the fence or on a leash. Now, we see the new story that an innocent postal worker was attached by two pit bulls. Why were these two pit bulls out of the yard? How were they allowed to attack this postal worker who had to be saved by people in the Phoenix neighborhood?


This innocent woman, like every dog bite victim, has the right to seek compensation for their injuries. The time that will be lost from work. The pain that they will go through and healing from the injuries from a dog bite or pit bull attack. The medical bills that may well mount up. In addition to the things that may be covered there will also be some uncovered medical bills and out-of-pocket expenses along the way. All this could and should have been prevented. But Arizona allows for a lawsuit against the owner of the dogs. Often, but not always, there is recourse against the homeowner's insurance where the dogs should have been staying and got out. It is not necessary for an Arizona dog bite claim to include claims against insurance only on the property where the dog bite occurred. Even if the attack occurred off of the property there is still an equal right to pursue that claim.

However, Arizona dog bite law prevents any lawsuit to take place after two years. To make matters even more restrictive, somebody who has been attacked by a pit bull in Arizona must bring a lawsuit within one year of the date of the incident or they lose some of the legal protections they have. Therefore, while in theory a lawsuit can be brought up to two years after an attack, it is very much to the benefit of anybody who's been bitten by a pit bull in Arizona or attacked by a dog to seek out a lawyer early enough that the investigation can be accomplished and the chance to file the lawsuit in less than one year can be pursued.

December 26, 2008

What if the victim caused the Arizona Dog Bite?

If somebody is bit by a dog in Arizona, can the owner of the dog argue that the victim caused the bite?

For instance, dogs often bite for unexpected reasons in reaction to something that a human does. Sometimes, the person that is bit startled the dog and caused the dog to bite. In other cases, it may be something as simple as holding a piece of food and turning away from the dog or, in many cases that we have seen, petting and playing with the dog and then turning away only to be unexpectedly bitten by a dog that was never before believed to be dangerous.

Many victims of dog bites in these situations blame themselves. Also, the owners of the dogs, understandably protective of the family pet that they love so much, do not blame the dog who has never bitten before but blames the person who got bit.

Who is “responsible” in a traditional sense is really not the question for people who have been bit by a dog in Arizona. Instead, the question is legal liability. In other words, who is responsible to pay for the medical bills, the effects of the scarring, the time from work, and all the other effects of the dog bite? In Arizona the person who was bit, the victim, is almost never to blame as a matter of law.

The only exception to this rule that is regularly seen is what is called under the law “provocation.” In other words, if you have some mean-spirited person who is throwing stones at the dog or poking the dog or purposely trying to set the dog off, thereby provoking the attack, that person is not allowed to make a claim. Or, to put it a better way, they are going to lose if they are found to have provoked the dog. This is an important exception to the law because nobody should be able to gain anything under our system for their own wrongful conduct. However, startling a dog, scaring a dog, or doing other things accidentally – even if they were the cause of an otherwise calm dog snapping and biting – do not create liability on the part of the victim.

With the exception of somebody who provokes a dog to bite, there is almost no defense in almost any case. The victim of a dog bite in Arizona does not have to worry about trying to defend themselves because they were not experts in the handling of dogs, nor do they have to worry about trying to prove that the dog was dangerous. There are many dogs who are not “dangerous” in most circumstances that for unexpected reasons do attack or bite. Under those circumstances, it is the owner of the dog who is liable (usually with the help of their insurance company defending them and paying for their liability) and the victim has the right to make a claim. If you know anybody who is in this situation or you would like more information about a dog bite, be sure to contact a Phoenix personal injury attorney who has expertise in helping dog bite victims after they have been injured.

December 24, 2008

Arizona Dog Bite Liability

In Arizona when a dog bites somebody the owner of that dog is liable in almost every case.

That means, even a dog that is not dangerous that bites somebody creates a situation where the owner is responsible for paying the medical bills and all of the other associated losses allowed under the law for the dog bite injury. However, very few people have enough money to pay for their own medical bills, let alone the medical bills of somebody that their dog bit. So, how does somebody who is bit by a dog get reimbursed for their time from work, their pain, their medical bills, and their loss of enjoyment of life, scar revision, or any other effects they have as a result of the dog bite?

The answer usually is not found in trying to get the money from the actual dog owner, but through their insurance. The reason we all have insurance is to protect us if we have liability for something we've done wrong. Although our dog unexpectedly biting someone may not be "wrong" it is something that under the law we are responsible for. Therefore, it is insurance that will often have to protect us from that lawsuit.

That means that the person who has been bit by a dog in Arizona needs to try to seek insurance coverage. This is not always easy.

We have had cases where there was homeowners insurance that would cover the medical bills and the other losses but the owner of the dog refused to provide any information. In some cases, we have had to take these cases through a lawsuit and all the way to a default judgment and a "damages hearing" to get a judge to Order the amount that has to be paid. Thereafter, we have had times where we have had to use that judgment to gain the information we need about homeowners insurance so that our client can be compensated.

If you know somebody who has been bit by a dog and they do not know whether or not there is any responsibility on the part of the dog owner or they do not know if there is any way to get money because the owner of the dog does not have enough money to actually pay, they should absolutely seek an experienced Arizona personal injury attorney to help them through that process.