Dog bites can result in serious injuries, emotional trauma, and legal disputes. In Arizona, dog bite cases are governed by a “strict liability” law, which significantly impacts how these cases are handled in court. Understanding this law is crucial for both dog owners and those who a dog may injure. This post will explain Arizona’s strict liability law, how it affects dog bite cases, and what defenses may be available to dog owners.
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What is Arizona’s Strict Liability Law?
Under Arizona law, dog owners are held strictly liable for any injuries their dog causes through a bite, regardless of the dog’s history or the owner’s knowledge of its behavior. This means that if a dog bites someone, the owner is automatically responsible for the damages, even if the dog has never shown any signs of aggression before.
According to Arizona Revised Statutes § 11-1025, the law states: “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.”
How Strict Liability Affects Dog Bite Cases
Strict liability simplifies the process for a dog bite victim to seek compensation. Unlike in other types of personal injury cases, where the injured party must prove that the defendant was negligent, Arizona’s strict liability law does not require the victim to demonstrate that the dog owner was careless or knew the dog was dangerous. The victim only needs to prove that the bite occurred, that they were lawfully present at the location, and that the defendant owned the dog. Because of this, dog bite cases in Arizona often favor the victim, making it easier for them to secure compensation for medical bills, lost wages, pain and suffering, and other related expenses.
Common Defenses in Dog Bite Cases
Despite the strict liability standard, there are 2 valid defenses available to dog owners in Arizona dog bite cases:
- Provocation: If the dog owner can prove that the victim provoked the dog, they may avoid liability. Provocation can include teasing, hitting, or disturbing the dog in a way that a reasonable person would expect to cause the dog to bite. However, provocation can be subjective.
- Trespassing: If the victim was trespassing on private property when the dog bite occurred, the owner may not be liable under strict liability. The law protects dog owners from liability if the person bittern was unlawfully on the property.
The Importance of Legal Representation
Victims of dog bites should consider hiring an attorney, such as Jeff GOULD Law, the Attorney In YOUR Corner, to ensure they receive fair compensation for their injuries. Although the strict liability law is designed to make it easier for victims to recover damages, insurance companies often attempt to minimize payouts or deny claims altogether. An attorney can advocate on behalf of the victim and work to secure the maximum possible compensation.
Arizona’s strict liability law has a significant impact on how dog bite cases are handled, making it easier for victims to obtain compensation while placing a heavy burden of responsibility on dog owners. Understanding this law is essential for both parties involved in a dog bite incident. Whether you’re a dog owner facing a lawsuit or a victim seeking compensation, legal guidance is crucial to navigate the complexities of these cases and ensure a fair outcome.
By staying informed and working with an experienced attorney, you can protect your rights and achieve the best possible resolution in a dog bite case. If you’ve been bitten by a dog in Arizona, then…
Don’t DELAY: Call Jeff GOULD Law, the Attorney In YOUR Corner – TODAY!
DISCLAIMER: The information on this blog/site is not intended to be legal advice. It is for general informational use only. You should consult an attorney for advice regarding your situation. Further, this information does not create an attorney-client relationship.