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If you’ve been bitten by a dog in Arizona, it’s important to understand your rights under the Arizona dog bite statute. This law holds dog owners strictly liable for injuries their dogs cause in public places or on private property where the victim is lawfully present. In short, the statute ensures that victims can seek compensation without proving the dog was previously aggressive.
Working with an experienced Arizona dog bite lawyer is key to navigating the legal process and understanding the dog bite claim period. Typically, victims have one year to file a strict liability claim, while negligence claims may extend up to two years. Knowing these deadlines and having expert guidance can make a significant difference in recovering damages for medical bills, lost income, and pain and suffering.
Key Element | What You Need to Know | Deadline / Notes |
---|---|---|
Strict Liability | Dog owners are automatically responsible for bites that break the skin in public places or private areas where the victim is legally allowed. | Immediate action recommended |
Negligence Claims | Can be filed if the dog owner’s negligence caused the bite (e.g., failure to leash or fence dog). | 2-year statute of limitations |
Covered Locations | Public spaces, private properties where victims are lawfully present, yards if dog is off-leash. | Ensure location qualifies |
Exceptions | Government agencies (military, police) when dogs are performing official duties like apprehending suspects. | Must follow written procedures |
Evidence Needed | Photos, medical records, witness statements, accident documentation. | Helps prove damages |
Claim Deadline | File strict liability claim within 1 year. | Missing deadline can invalidate your claim |
The strict liability statute is found in the civil code, which covers laws on dog attacks and the people responsible for the attacks. This means that you have the right to file a civil lawsuit against the owner of a dog that bites you.
Through the strict liability rule, the Ariz. Rev. Stat. § 11-1025 code holds dog owners liable for bites that happen in public places and in private spaces where victims are lawfully allowed to enter, like homes and commercial properties.
“The owner of a dog that 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,” section A of the 11-1025 statute says.
However, you can’t file a claim against government agencies, like the military and police, for dog bites that occur when a dog is defending itself against an attacker or when assisting an employee of the agency to do the following:
However, this exemption doesn’t apply in incidents where the victim of a dog bite isn’t a suspected party nor a participant in the criminal activity that leads to the use of the dog. Furthermore, the government agency can only enjoy this immunity if it has a written procedure on how to use the dog appropriately for the tasks listed above.
The strict liability law only recognizes dog bites that break the skin, not the other common dog bite injuries. It also covers dog bites caused by dogs that are not on leashes or in fenced areas like yards.
This statute has a one-year deadline for filing a claim. Failure to comply with this rule makes your claim invalid, causing you to lose your compensation. However, the statute of limitations for filing a lawsuit against a dog owner for negligence has a two-year limit.
The Arizona dog bite law uses the strict liability rule to hold dog owners liable for dog bites that break the skin. This rule applies to incidents that happen in public places or private areas where victims are legally allowed to enter.
While the strict liability rule provides a one-year deadline for filing a claim, the statute of limitations gives you a two-year limit to file a negligence claim. If you need help to understand this law and file a dog bite claim in Arizona, talk to Gage Mathers now!
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