Arizona has a unique approach to handling dog bite cases, known as the “strict liability” law. This means that dog owners are held responsible for any injuries caused by their pets, regardless of the dog’s history or the owner’s knowledge of its potential for aggression. If you or a loved one has been bitten by a dog in Arizona, it’s essential to understand your rights and the legal process for seeking compensation. Phoenix dog bite lawyer, Garrick McFadden shares some insights with us below.
Arizona’s Dog Bite Statute
Under Arizona Revised Statute 11-1025, a dog owner is liable for damages suffered by a person bitten by their dog, as long as the victim was in a public place or lawfully on private property, including the dog owner’s property. This law applies regardless of the dog’s previous behavior or the owner’s awareness of its viciousness.
There are two main exceptions to this rule:
- If the victim provoked the dog, the owner may not be held liable.
- If the victim was trespassing on private property, the owner may not be responsible for the injuries.
Damages in Dog Bite Cases
Victims of dog bites in Arizona can pursue compensation for various damages, including:
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
- Scarring and disfigurement
Arizona does not cap the damages that can be awarded in dog bite cases, allowing victims to recover as much as the court deems reasonable.
Insurance Coverage for Dog Bites
In many cases, dog bite injuries may be covered by the dog owner’s homeowners or renters insurance policy. These policies often include liability coverage that extends to animal-related incidents. However, some insurance companies may have breed-specific exclusions or require additional coverage for certain dog breeds considered “high-risk.”
If the dog owner does not have insurance or their policy does not cover the incident, the victim’s own health insurance may help cover medical expenses. However, victims may still need to pursue legal action against the dog owner to recover damages not covered by insurance, such as pain and suffering or lost wages.
Statute of Limitations
It’s crucial for dog bite victims to be aware of Arizona’s statute of limitations for filing a claim. Under the state’s strict liability law, victims have one year from the date of the incident to file a lawsuit. For claims based on negligence, the statute of limitations is two years.
Hiring a Phoenix Dog Bite Attorney
Navigating the legal system after a dog bite incident can be challenging, especially when dealing with physical and emotional trauma. Garrick McFadden, a skilled Phoenix dog bite attorney, can help you understand your rights and guide you through the process of seeking compensation.
With extensive experience in personal injury law and a deep understanding of Arizona’s dog bite statutes, Garrick McFadden is committed to fighting for the rights of dog bite victims. He and his team at GAMESQ, PLC, work tirelessly to investigate claims, gather evidence, and negotiate with insurance companies to secure the best possible outcome for their clients.
Frequently Asked Questions
Question: What should I do if I’m bitten by a dog in Arizona?
- Seek medical attention immediately, even if the injury seems minor. Report the incident to local authorities and gather information about the dog and its owner. Contact an experienced dog bite attorney to discuss your legal options.
Question: Can I still pursue a claim if the dog has never bitten anyone before?
- Yes, under Arizona’s strict liability law, dog owners are responsible for injuries caused by their pets, regardless of the dog’s history.
Question: What if the dog owner claims I provoked their pet?
- Provocation is a possible defense in Arizona dog bite cases. However, the burden of proof lies with the dog owner to demonstrate that your actions were reasonably likely to provoke the dog. An experienced attorney can help you counter these allegations.
Question: How much compensation can I expect from a dog bite claim?
- The amount of compensation varies depending on the severity of the injuries, the impact on your life, and the specific circumstances of the case. An attorney can help you assess the value of your claim and fight for the compensation you deserve.
Question: What if the dog owner doesn’t have insurance?
- Even if the dog owner lacks insurance coverage, you may still be able to pursue a claim against them personally. An attorney can help you explore all available options for recovering damages.
Learn about Arizona’s strict liability dog bite law and how it affects victims. Discover your rights, potential damages, and the importance of hiring an experienced Phoenix dog bite attorney.