When a dog bite occurs in Arizona, it’s essential to understand who can be held responsible for the resulting injuries and damages. Arizona’s strict liability statute holds dog owners accountable in most cases, but there are situations where other parties may also face liability. In this article, we’ll explore the various scenarios in which individuals can be held liable for dog bites in Arizona and how a Phoenix dog bite lawyer, like Garrick McFadden can help you navigate this stressful time.

Arizona’s Strict Liability Dog Bite Statute

Arizona Revised Statute 11-1025 states that 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 knowledge of its viciousness.

There are two main exceptions to this rule:

1. If the victim provoked the dog, the owner may not be held liable.
2. If the victim was trespassing on private property, the owner may not be responsible for the injuries.

Property Owners and Landlords

In some cases, property owners and landlords can be held liable for dog bites that occur on their premises. This liability may arise if:

1. The property owner or landlord is also the dog’s owner.
2. The property owner or landlord knew about the dog’s presence and its dangerous propensities but failed to take reasonable steps to protect others from harm.
3. The property owner or landlord violated animal control laws or lease agreements by allowing a dangerous dog on the property.

Dog Keepers and Caretakers

Individuals who are responsible for the care and control of a dog at the time of a bite incident may also face liability, even if they are not the dog’s legal owner. This can include:

1. Dog sitters or walkers
2. Family members or friends who are temporarily caring for the dog
3. Kennel operators or groomers

These individuals may be held liable if they fail to exercise reasonable care in controlling the dog or preventing it from causing harm to others. Depending on the nature of the injuries and the pots of recovery, it might depend on which party you make the claim against. If the owner of the dog does not have insurance and does not have any meaningful assets your best option might be making a claim against the party that was entrusted with the dog’s care.

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 responsible party to recover damages not covered by insurance, such as pain and suffering or lost wages.

Hiring a Phoenix Dog Bite Attorney

If you or a loved one has been bitten by a dog in Arizona, it’s crucial to consult with an experienced dog bite attorney who can help you navigate the legal process and pursue the compensation you deserve. Garrick McFadden, a skilled Phoenix dog bite attorney, has the knowledge and dedication necessary to fight for your rights.

As the founder of GAMESQ, PLC, Garrick McFadden has a deep understanding of Arizona’s dog bite laws and a proven track record of success in personal injury cases. He and his team work tirelessly to investigate claims, gather evidence, and negotiate with insurance companies to secure the best possible outcome for their clients.

When you work with Garrick McFadden, you can expect:

• Personalized attention and compassionate support throughout your case
• Thorough investigation and evidence gathering to identify all liable parties
• Aggressive negotiation with insurance companies to secure a fair settlement
• Skilled representation in court, if necessary, to protect your rights

Frequently Asked Questions

Question: What if the dog owner claims I provoked their dog?

• Provocation is a possible defense in Arizona dog bite cases, but the burden of proof lies with the dog owner. An experienced attorney like Garrick McFadden can help you counter these allegations and protect your right to compensation.

Question: Can I pursue a claim against a landlord if I was bitten by a tenant’s dog?

• In some cases, yes. If the landlord knew about the dog’s presence and its dangerous propensities but failed to take reasonable steps to protect others, they may be held liable.

Question: What if the dog bite occurred while the dog was in the care of a friend or family member?

• The individual responsible for the dog’s care at the time of the incident may be held liable if they failed to exercise reasonable control over the animal.

Question: How long do I have to file a dog bite claim in Arizona?

• Under Arizona’s statute of limitations, you have one year from the date of the incident to file a claim under the state’s strict liability law, and two years for claims based on negligence.

Question: How much does it cost to hire a dog bite attorney?

• Many personal injury attorneys, including Garrick McFadden, work on a contingency fee basis. This means you only pay legal fees if and when you receive a settlement or court award.