Arizona Accident Lawyer Blog

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.

Continue reading "Arizona Dog Bite Laws" »

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" »

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.

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" »

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.

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.

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.

If a dog bites somebody in Arizona and that dog has never bitten anybody before is anybody liable?

This is a question we hear on a frequent basis from people who call up when they were bitten by a dog from a family that they knew or from a neighbor that they knew. Many times, dogs that are not otherwise dangerous and do not appear dangerous bite for seemingly no reason or they bite someone in a way that is unexpected and truly surprising to everybody who has known the dog. Does that mean that the person who gets bit has no recourse because there was no “negligence” by the owner of the dog?

In Arizona there is no “one free bite” allowance. In other words, in instances of Arizona dog bites, with very few exceptions, the owner of the dog is liable for any injury that was caused. It does not matter if everybody agrees that the dog is not normally dangerous. It does not matter that it can be proven that the dog had never acted this way before and nobody would have expected the dog to bite. Arizona law protects the bite victim, not the dog owner. What should we learn from this? First, if you own a dog make sure you have homeowner’s insurance. No matter how loving dogs are and how much we all love to have them, dogs can act in unexpected ways. Having homeowner’s insurance protects you.

This also tells us that any time somebody has been injured because of a dog bite, even if that dog is not normally dangerous, they have the right to seek compensation. What many people do not realize is that compensation does not have to be sought directly from the owner of the dog, but often through the homeowner’s insurance of the person who owns the dog.

When dogs bite children, it is often devastating to the child, the child’s family, and even to the owners of the dog. What is often forgotten about Arizona dog bites is that they usually involve a loving home for the dog, and a family that is surprised that their dog attacked a child visiting their home. For example, we helped a little girl was visiting her aunt and uncle and the normally loving family dog was not used to being around children. The dog attacked the little girl for no apparent reason. In fact, most dog bites occur close to the dog’s home. Statistics show 61% of the injuries occur near a dog’s home. 77% of dog bite injuries are by dogs that act friendly and then react and bite the person.

As personal injury attorneys in Arizona, we have helped many children and adults after a dog bite. However, the time deadline – known as the statute of limitations – for dog bites is short in Arizona. The law in Arizona for dog bite cases requires the dog bite victim to file a lawsuit within one year of the dog bite to have a “strict liability” argument. In plain English, strict liability means that if you file the lawsuit within one year that owner of the dog cannot raise a defense based upon the prior conduct of the dog. Waiting to file the lawsuit until after the first year allows the dog owner to defend the lawsuit if the owner can prove the dog was not dangerous.

If you have been bitten by a dog, it is important to consult with an attorney in Arizona who understands dog bite laws. We are attorneys who focus entirely on people who have been injured. We help people all across the Phoenix metro area, including Tempe, Goodyear, Avondale, Litchfield Park, Glendale, Peoria, Sun City, Sun City West, Chandler, Ahwatukee, Scottsdale, Glendale, Mesa as well as helping people throughout Arizona and residents of other states that were in Arizona at the time of the dog bite. If you have questions and want to speak to experienced child injury attorneys in Arizona about a dog bite or other injury, please feel free to call us. We are a husband and wife law team and understand the intricacies of dog bite laws and injuries in Arizona.

Phoenix is the largest city in the state of Arizona. Many people refer to Phoenix as the Valley of the Sun. The Phoenix Metropolitan area consists of many thriving, growing suburbs such as Glendale, Mesa, Goodyear, Avondale, Litchfield Park, Scottsdale, Tempe, Chandler, and Ahwatukee. Phoenix is currently the fifth largest city in the United States. Phoenix’s population is well over one million people, while the surrounding cities greatly increase the overall population of the Valley of the Sun.

Dog bite laws vary from one state to the next. Therefore, someone who has been involved in a dog bite or bitten by a dog in Arizona has different legal remedies than someone bitten in other states. Arizona dog bite laws are specific, and the laws that govern what a dog bite victim needs to prove are different than they are in other personal injury cases. For instance, in some states the owner of a dog can win a personal injury case if they can show that their dog has no history of being dangerous and that the owner was not negligent in the handling of the dog at the time of the dog bite attack. In Arizona, the laws hold a dog owner responsible for a dog bite even if the dog was not dangerous and the owner did not do anything negligently at the time of the attack.

Arizona probably takes this position with dog bite laws because it wants to encourage dog owners to be extremely careful and to try to decrease the number of Arizona dog bite victims. This is particularly important when it comes to personal injury cases with dog bites, because so many children are bitten by dogs and, all too often we have had to help children with facial scars and injuries from a dog attack. In addition to the large number of children who are victims of dog attacks throughout Arizona, dog attacks and dog bites have led to extremely serious injury and death.

We have represented many children and a majority of children whom we have assisted after a dog bite were bitten in the face. Whether this is due to the height of a child or other behavioral issues with the dogs, scarring to a child from a dog bite can be devastating. If your child has been bitten by a dog and you would like to speak to an Arizona personal injury attorney, please call us direct and we can help.