Phoenix Dog Attack Attorneys Answer Dog Bite FAQs
Below are just a few of the questions that dog bite victims may have following an animal attack in Phoenix:
What's the difference between strict liability and the "one free bite" rule?
How long do I have to make a claim?
What are the most dangerous dogs?
What can I hope to recover in a dog bite liability claim in Arizona?
If someone trespasses on private property or ignores a "Beware of Dog" sign, can they still bring a dog bite claim?
Can the victim provoke an attack?
How many dog bites occur every year in the US?
What's the difference between strict liability and the "one free bite" rule?
Different states have different liability laws for dog owners. Most states fall under either strict liability or "one free bite" laws. Some states have even outlawed particular dog breeds altogether.
In a state with "one free bite" laws, a dog owner is not held responsible for the first dog-bite offense. The dog's owner gets a free pass, even if he or she is aware the dog is a potential danger.
Not so in Arizona. Arizona holds owners to a standard known as strict liability: dog owners are responsible for all personal and property damages their dog incurs.
How long do I have to make a claim?
While the statute of limitations is technically two years, lawsuits should be filed within one year of the attack. If a lawsuit is brought within one year of a dog attack, the owner is held to Arizona's strict liability laws.
If the claim is brought after one calendar year, but less than two years from the date of the dog attack, 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?
Many groups have spent time and money surveying dog-related fatalities to determine which breeds are dangerous. As a result, 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.
From our viewpoint, it does not matter why, or what kind of dog, attacked an innocent victim. Whether it is due to owner irresponsibility or the nature of a particular dog breed, these attacks are happening much too frequently.
What can I hope to recover in a dog bite liability claim in Arizona?
Your settlement could cover medical bills, plastic surgery related to the bite, therapy for the pain and trauma, and lost past and future wages. State law also allows for general damages (a monetary payment) for aftereffects, such as reduced capability to participate in normal daily activities and loss of enjoyment of life.
Our goal always is to win whatever the client needs to restore the quality of life he or she had before the attack.
If someone trespasses on private property or ignores a "Beware of Dog" sign, can they still bring a 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. In most situations, a jury will not grant an award to someone who was committing an illegal act when he or she got bitten.
As always, this question must be addressed on a case-by-case basis.
Can the victim provoke an attack?
Yes. Under ARS 11-1025, a dog bite victim cannot recover damages if he or she is proven to have provoked the attack.
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.
There are many questions that arise during a dog bite attack case. For assistance in handling your dog bite case, contact the Phoenix dog bite attorneys at The Husband & Wife Law Team at (602) 457-6222 – members of the Million Dollar Advocates Forum, the American Association for Justice, and the Arizona Trial Lawyers Association. The Husband & Wife Law Team have the experience you need to get the compensation and restitution you deserve.
Additional Information
- Do Dogs Who Bite People Have to Get Euthanized in Arizona?
- Do Warning Signs Lessen Liability for Dog Attacks?
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