Phoenix Arizona Dog Bite Lawyers
Attorney Representation in Phoenix Arizona Since 1996
Dog Bite FAQs
What's the difference between strict liability and the "one free bite" rule?
Different states have different liability laws for dog owners. Some states are lenient, others stringent. Some have crafted a hybrid of the rigorous and the moderate. Some states have even outlawed particular dog breeds altogether.
Arizona holds owners to a standard known as strict liability. This means that if a lawsuit is brought within one year of a dog attack or aggressive action that causes harm to another person, the owner can be held liable immediately. (The statute of limitations is technically two years, but the law is structured to discourage juries from granting awards if the case is not brought until the second year.)
Other states have what are known as "one free bite" laws. In these states, when a dog bites the owner is not held responsible for the first offense. The owner gets a free pass even if he or she is aware the dog is a potential danger. In so-called "mixed statute" states, aspects of both strict liability and one free bite rules come into play.
Arizona's strict liability standard for dog bite lawsuits is applicable in the first year following the date of the attack. If the claim is brought after one calendar year, but less than two years from the date of the dog attack in Arizona have elapsed, the claimant must prove that the dog owner knew or had reasonable cause to have known that his pet had dangerous propensities. This may require proving the dog had bitten or threatened someone before, which is a difficult standard to meet.
What are the most dangerous dogs?
The CDC, the Journal of the American Medical Association (JAMA), and other groups have spent time and money surveying dog-related fatalities to determine which breeds are dangerous. Rottweilers, Pit Bulls, and Rottweiler-Pit Bull mixes are considered to be among the most vicious breeds.
Breed advocates contend, however, that the dogs themselves are not as inherently violent as studies show. They argue that the aggressive training and the culture surrounding these breeds that raises fatality rates. In other words, they assert that owners of Pit Bulls, Rottweilers, and mixes are more likely to be negligent or aggressive people, and their bad behavior influences the demeanor of their canines.
From our viewpoint, it does not matter why innocent people are attacked by Pit Bulls and Rottweilers in Arizona. Whether due to owner irresponsibility or inherent qualities in a breed, it is clear that these attacks happen much too frequently.
What can I hope to recover in an Arizona dog bite liability claim?
Your settlement could cover medical bills, plastic surgery related to the bite, therapy, pain and trauma, lost past and future wages, and medical bills and surgery. Arizona law also allows for general damages (a monetary payment) for aftereffects like the reduced capability to participate in normal daily activities and loss of enjoyment of life.
If someone trespasses on private property or ignores a "Beware of Dog" sign, can they still bring a Phoenix Arizona dog bite claim?
Yes. However, trespassers and people who ignore obvious warnings that a dangerous dog patrols the property may find jurors and judges less receptive to their claim. Furthermore, if the trespasser (or any other dog bite victim) is proven to have provoked the attack, the claimant cannot recover damages for his or her injuries. In most situations, a jury will not grant an award to someone who was committing an illegal act like trespassing. As always, this question must be addressed on a case-by-case basis.
How many dog bites occur every year in the US?
According to a 1996 CDC study, nearly one out of every 50 Americans is bitten every year; of these victims, roughly sixteen percent require medical care.
For assistance in handling your dog bite case, contact the Arizona personal injury attorneys at Breyer Law Offices. We are members of the Million Dollar Advocates Forum, the American Association for Justice, and the Arizona Trial Lawyers Association.
Please visit our Phoenix Arizona Dog Bite Website for more information
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