Arizona Law Does Not Require Vicious Propensities

Myth: If a dog attacks you causing injury, you will not have a successful claim unless that particular dog had attacked another prior to your attack.

Fact: If a dog attacks you and causes physical injury, you will likely have a successful claim if the dog was not on a leash, or in other words, was “at-large.” Because of Arizona’s strict liability statutes for dog bites, it is not necessary for a victim to show “vicious propensities” like some other states require.

Being bitten by a dog can cause severe physical and emotional injury. Besides scarring, including lacerations and puncture wounds, emotional injuries are often an injury experienced by victims of dog attacks, especially children. Both of these types of damages deserve compensation, and are often overlooked by a claims adjustor when making an offer to an unrepresented
victim of dog attack.

Most municipalities have created and incorporate ordinances prohibiting dog owners from allowing their dogs to roam freely, without a leash, coining this conduct as “at-large.” Arizona state law provides: “person in charge of any dog shall not permit such dog in a public park or upon any public school property unless the dog is physically restrained by a leash, enclosed in a car, cage or similar enclosure or being exhibited or trained at a recognized kennel club event, public school or park sponsored event.” See A.R.S. § 11-1012. If you are attacked by an “at-large” dog, call us for your free consultation.

Arizona Strict Liability Law for Dog Attacks

A.R.S. § 11-1120 creates strict (immediate) liability to an owner of a dog when their unleashed dog attacks and injures another, or, destroys property (“Injury to any person or damage to any property by a dog while at large shall be the full responsibility of the dog owner or person or persons responsible for the dog when such damages were inflicted.”). A victim only has one year to file a lawsuit to protect his strict liability claim against the dog owner. The owner of the dog should pay your medical bills, as well as compensate you for any anxiety, pain and suffering, and loss of enjoyment of life you have experienced as a result of your dog bite injuries.

Mingus-Mountain-Law-Group-Dog02-Attack-400X237See also A.R.S. § 11-1025. Liability for Dog Bites

A. The owner of a dog which bites a person when the person is in or on a public place or lawfully in or on a private place, including the property of the owner of the dog, is liable for damages suffered by the person bitten, regardless of the former viciousness of the dog or the owner’s knowledge of its viciousness.

Don’t try to settle a dog bite claim on your own. If you or a loved one has been attacked by a dog, call Mingus Mountain Law Group, PLLC today for a better tomorrow.  We can help.