On a daily basis, members of Gage Mathers find themselves petting the loving head of our office dog—Ella, a 15-year-old mini Australian Shepherd brought in by Martin and Liz Mathers. Joseph D’Aguanno, our managing partner, has 4 rescue dogs himself, including a Pitbull mix named Mabel.
However, as leading personal injury attorneys, we have seen the negative side of pet ownership—dogs who deviated from normal canine behavior and caused injuries to a person. Considering there are 76 million dogs in the US and 38.4% of U.S. homes own at least one, it is no surprise that there is an average of 4.4 million dog bites in the U.S. each year.1
The majority of the bites result in little to no injury (81%), but it does not take much for a bite to cause serious injury or even death, especially for children or the elderly.2 Victims also need dog bite lawyers at this point.
Here are some of the questions we are often asked. If you have a question about a dog bite, please ask us!
If my dog bites someone, am I responsible?
In Arizona, you are responsible if your dog bites someone. You can be sued for damages, medical bills, and pain and suffering.
What should I do if a dog bites me?
1. Get to a Safe Place as Soon as Possible
There can be a significant amount of confusion after a dog bite. Depending on the location and environment there will likely be a lot of confusion and chaos surrounding you. The most important thing is to find a place where you are away from the attacking dog. Distance is safety. Similarly, make sure there are obstacles between you and the dog. Fences, garbage cans, benches, whatever you can put between you and the dog to stop the attack, do it.
If you cannot get away from the dog, use objects that you can wave around to make yourself look bigger as you safely retreat to a safer area. These can include water bottles, branches, sticks, canes, or any other objects that help you maintain the dog at a distance. You can also use these to defend yourself, if necessary, but do not engage the dog. Maintain as much distance as possible.
The most important areas to protect are your head and neck; places where dogs may tend to attack. Your actions to distance yourself from the dog will help mitigate potential injuries.
2. Check for Injuries
Once in a safe position, take a few moments to check if you have been hurt. You might not realize how badly you’ve been hurt given the adrenaline rush. Injuries from a dog bite can vary drastically and are influence by many factors. Take the time to slow your breathing and check your arms, legs, and other potential areas where you may have been bitten. If there is someone with you or nearby, ask for help to check you for injuries in areas you might not be able to see.
3. Collect Information
A vital part of a dog bite claim is to know who owns the dog. If possible, collect any and all information available from the dog owner—name, address, phone number, and, if possible, homeowner’s or renter’s insurance information. If possible, take pictures of the dog, its owner or handler, where the dog came from, and your injuries. Video evidence can be highly compelling in a dog bite claim. There may be witnesses that saw what happen, or even helped out. Gather their information as well. All of this will be essential for us to pursue a claim on your behalf.
Homeowner’s or renter’s insurance information will be the primary source of compensation when pursuing a dog bite claim.
4. Call the Police or Animal Control
Police and Animal Control can help with gathering the necessary information from the dog owner or handler. Either call 911 for police or, in Maricopa County, 602 506 7387 for Animal Control. You may also file a report online with Maricopa County Animal Control online (other counties have their own Animal Control department). This will also be helpful because Animal Control maintains bite records on dogs and we will need to know if the dog has a bite history.
5. Get Medical Attention
Injuries related to a dog bite can vary significantly. They can range from extremely serious to minor scratches or puncture wounds. Regardless of the severity of the injury, you should seek medical attention. Small bites might not seem worrisome in the beginning, but the risk of infection or other animal-related diseases like rabies can be a significant problem later. A medical professional can assess your injuries and guide your treatment.
6. Keep Track of Everything
- Maintain a Pain Journal to help your doctors and lawyer understand what you are experiencing.
- Keep a list of all your providers (e.g., ambulance, hospital, PCP, physical therapist, etc.).
- Document time away from work, or school, whether or not covered by sick leave.
- Note any missed promotions or raises that you might have qualified for.
- Keep a list of activities you could not do or that you did with pain (e.g., difficulty sleeping, difficulty performing daily household activities or caring for family members, inability to exercise, impact on personal relationships, change in mood)
7: Call Gage Mathers As Soon As Possible
Gage Mathers is an elite personal injury firm with significant experience helping dog bite victims. We have helped thousands of clients obtain hundreds of millions of dollars in compensation for their injuries and damages in Phoenix. Contact us now.
My grandmother was knocked over by a “friendly” dog, and broke her hip. Is the dog owner liable for her medical bills?
Possibly. Arizona injury-related laws regarding dogs provide strict liability for dog bites and injuries that occur when the dog is considered “at-large,” meaning the dog is not on a leash or confined by an enclosure. If, however, your grandmother was injured under different circumstances, then Arizona’s negligence laws may provide a mechanism for grandmother to get her medical bills covered. These types of claims are very fact specific and will require proof the dog owner did something wrong. You can learn more about this on our Dog Bite practice page.
My dog bit someone 4 years ago, can they sue me?
The Arizona Statue of Limitations says that you have at most 2 years from when you were bit. Judges take this law very seriously, and there are few exceptions. Please watch our video on Arizona Statue of Limitations where we discuss why there are time limits, how strictly they are enforced, and some of the known exceptions. After 4 years, most likely your case would be thrown out. However, if the bite victim was under the age of 18 at the time, they can sue up to their 20th birthday.
How much can I sue someone for a dog bite in Arizona?
In Arizona, injury victims are entitled to compensation for:
- The nature, extent, and duration of the injury;
- The pain, discomfort, suffering, disability, disfigurement, and anxiety already experienced, and reasonably probable to be experienced in the future as a result of the injury;
- Reasonable expenses of necessary medical care, treatment, and services rendered, and reasonably probable to be incurred in the future;
- Lost earnings to date, and any decrease in earning power or capacity in the future; and
- Loss of enjoyment of life, that is, the participation in life’s activities to the quality and extent normally enjoyed before the injury.
My friend‘s dog bit my child while on a playdate at their house. I don’t want to sue my friend, but we have medical bills.
Anyone who is paying a mortgage on their house will be required to have homeowners insurance. This insurance will likely cover a dog bite. One of the reasons we have insurance is to protect us against unexpected events that have severe consequences. A dog bit that requires a hospital visit can be one of these events. I would suggest talking to your friend and finding out if their home insurance covers dog bites. If it does, get the contact information for their insurance and call a trusted lawyer. Your lawyer will call the insurance company and negotiate on your behalf. Aside from preventing the insurance company from taking advantage of you, this also let’s “the professionals” handle this instead of you and your friend fighting over money or responsibility.
The pool cleaner said our dog bit him. What should I do?
Arizona has strict liability laws regarding dog bites. If the pool cleaner had permission to be on your property, and your dog bit them, you are legally responsible. This is true even if your dog has never bit anyone before, or if you locked up the dog and it somehow escaped.
My apartment building won’t allow tenants to have a certain breed of dog. Is this legal?
If your apartment is privately owned, the management can disallow certain breeds of dogs. Although new laws were passed to help prevent this kind of discrimination these laws currently only apply to Insurance Companies, and judges, arbitrators and other legal decision makers. If you have additional questions about tenant laws, please contact a landlord-tenant lawyer.
In Arizona how long do I have to sue someone for a dog bite?
The Arizona Statue of Limitations says that you have 2 years from when you were bit to take legal action. However, in some situations you cannot sue, and in others you only have 180 days (!).
For example, the dog own is only held strictly liable for the first year. If you wait longer than 1 year to take legal action, the courts will use a different standard to determine if you can sue the owner. Instead of holding the owner strictly liable for the dog’s bite, the courts will look at whether the owner was negligent. This is much harder to prove. This is one of many reasons it is important contact a lawyer soon after you are bitten. Even if you decide to find a different lawyer, or not sue – we highly recommend calling a lawyer right away.
Please watch our video on Arizona Statue of Limitations where we discuss why there are time limits, how strictly they are enforced, and some of the known exceptions.
What is "Strict Liability" with Dog Bites or Attacks?
Arizona Strict Liability Dog Bite Laws
In Arizona, dog owners can be held strictly liable for their furry friends. Strict Liability usually means that your intent does not matter – did your dog bite someone? You are responsible. Did your dog knock over an elderly woman? You are responsible. Did your dog cause a bicyclist to fall into traffic? … you get the idea. This makes it VERY important to have insurance coverage. If you have a pet, you should definitely have a conversation with your home or renter insurance company.
How “Strict” the strict liability is, changes from state to state. For example, there can be exceptions if your dog was provoked. In some states, your liability is limited to only the bite of the dog. In Arizona, there are exceptions. For example, in order for the owner to be held liable, the victim must have had a RIGHT to be in your home or property. Someone trespassing can lose their right to sue a dog owner.
Can my dog bite in Self Defense? What if it was provoked?
Several years ago we had a client that was being sued after their dog bit someone walking by their house. The victim’s attorneys were asking over $30,000 to cover medical bills. However, after reviewing testimony from several witnesses, we were able to show that the victim had been provoking the dog. Under Arizona law, this affects whether the owner is legally liable for the dog’s actions. We were able to get the case dismissed.
Wait.. I only have 180 days in Arizona to sue someone?
In Arizona, if you are injured by a police dog or animal being used by a governmental agency, then you must serve the appropriate governmental entity with a Notice of Claim no later than 180 days after the incident. After doing so, you then only have 1 year after the incident to file a lawsuit. This is true with other lawsuits that involve the government. Learn more about the Arizona Statute of Limitations for dogbites, car accidents, and more.
A stray dog attacked and wounded my dog. Can I sue the city?
No. Generally speaking, the only ones liable for the conduct of a dog are the dog’s owners. There are circumstances when a person in control of the dog will be responsible for the dog’s actions, but this is not one of them.
My dog ran away, and someone says it attacked them. They are threatening to sue me if I don’t pay them money. What should I do?
You should call your homeowners or renters insurance company. Arizona Revised Statutes 11-1020 addresses liability for dog attacks. It states, 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.
Our pet alligator attacked someone after they provoked it. Am I legally responsible?
Probably. Provocation is most likely not considered an exception with certain exotic pets. For more information please refer to the Arizona Administrative Code: https://apps.azsos.gov/public_services/Title_12/12-04.pdf, especially because certain exotic pets require special licenses and permits. If you or someone you know has been attacked by an alligator, mountain lion, sugar baby, or other exotic pet – contact Gage Mathers right away.
The severity of dog bite attacks vary for a multitude of reasons, including stress reaction by the dog or a perceived threat. Other times the dog can be startled or become overly excited during rough and tumble play. Regardless of the reason a bite occurs, the impact can be life changing. Every year approximately 14,025 citizens are hospitalized due to dog bite injuries.3 These injuries can range from minor bites, requiring a few stitches, to life altering injuries, requiring extensive surgeries including reconstructive surgery, and even death. Regretfully the most susceptible to a fatal encounter with a dog are children. In a 13 year study, from 2005 to 2017, 49% of dog bite fatalities were children age 9 and younger; 48% of those being children less than a year old.4
As animal lovers, our main goal is not to punish the dog, which is oftentimes a victim of improper training or handling. We advocate for dog bite victims to ensure they receive the necessary treatment for their injuries and are properly compensated for their pain, suffering, and disfigurement. The injuries can be serious, including systemic infections, with mounting medical bills leading to victims unsure how to proceed or what their rights are.
The average cost of a hospital visit for a dog bite has increased from 2003 at $19,162 to $44,760 in 2019; this is a 133.6% rise in cost. Increasing health care costs are unlikely to explain the doubling of medical expenses. We believe the sizeable increase in health costs for dog bite victims is the proliferation of large and dangerous breeds (and improper training). Either way, this is a major event that will impact your life for a long time to come. For this reason, it is vital that you hire an attorney well versed in dog bite cases, who can ensure that you benefit from all resources available to help you with medical costs related to a dog bite.
Gage Mathers has represented dog bite victims for over 50 years. We are experts in navigating the complexities of dog bite laws as well as negotiating with insurance companies to secure maximum settlement value for our clients. You generally only get one chance to go after an insurance company, so you need to choose the right law firm early on. You need a law firm that is invested in you and your case, that has substantial experience, is known for its results, and is not afraid of trial. That is why thousands of people have trusted their cases with Gage Mathers. We have a national reputation for getting results for our clients—maximizing the compensation they receive from a dog bite case.
If you or a loved one has been a victim of a dog bite, contact us to see how we can help you.
What to do After a Dog Bite
What you do after a dog bite can have significant ramifications on your health and the ability to hold the dog owner legally responsible for your injuries and damages.
1. Get to a Safe Place as Soon as Possible
There can be a significant amount of confusion after a dog bite. Depending on the location and environment there will likely be a lot of confusion and chaos surrounding you. The most important thing is to find a place where you are away from the attacking dog. Distance is safety. Similarly, make sure there are obstacles between you and the dog. Fences, garbage cans, benches, whatever you can put between you and the dog to stop the attack, do it.
If you cannot get away from the dog, use objects that you can wave around to make yourself look bigger as you safely retreat to a safer area. These can include water bottles, branches, sticks, canes, or any other objects that help you maintain the dog at a distance. You can also use these to defend yourself, if necessary, but do not engage the dog. Maintain as much distance as possible.
The most important areas to protect are your head and neck; places where dogs may tend to attack. Your actions to distance yourself from the dog will help mitigate potential injuries.
2. Check for Injuries
Once in a safe position, take a few moments to check if you have been hurt. You might not realize how badly you’ve been hurt given the adrenaline rush. Injuries from a dog bite can vary drastically and are influence by many factors. Take the time to slow your breathing and check your arms, legs, and other potential areas where you may have been bitten. If there is someone with you or nearby, ask for help to check you for injuries in areas you might not be able to see.
3. Collect Information
A vital part of a dog bite claim is to know who owns the dog. If possible, collect any and all information available from the dog owner—name, address, phone number, and, if possible, homeowner’s or renter’s insurance information. If possible, take pictures of the dog, its owner or handler, where the dog came from, and your injuries. Video evidence can be highly compelling in a dog bite claim. There may be witnesses that saw what happen, or even helped out. Gather their information as well. All of this will be essential for us to pursue a claim on your behalf.
Homeowner’s or renter’s insurance information will be the primary source of compensation when pursuing a dog bite claim.
4. Call the Police or Animal Control
Police and Animal Control can help with gathering the necessary information from the dog owner or handler. Either call 911 for police or, in Maricopa County, 602 506 7387 for Animal Control. You may also file a report online with Maricopa County Animal Control online (other counties have their own Animal Control department). This will also be helpful because Animal Control maintains bite records on dogs and we will need to know if the dog has a bite history.
5. Get Medical Attention
Injuries related to a dog bite can vary significantly. They can range from extremely serious to minor scratches or puncture wounds. Regardless of the severity of the injury, you should seek medical attention. Small bites might not seem worrisome in the beginning, but the risk of infection or other animal-related diseases like rabies can be a significant problem later. A medical professional can assess your injuries and guide your treatment.
6. Keep Track of Everything
- Maintain a Pain Journal to help your doctors and lawyer understand what you are experiencing.
- Keep a list of all your providers (e.g., ambulance, hospital, PCP, physical therapist, etc.).
- Document time away from work, or school, whether or not covered by sick leave.
- Note any missed promotions or raises that you might have qualified for.
- Keep a list of activities you could not do or that you did with pain (e.g., difficulty sleeping, difficulty performing daily household activities or caring for family members, inability to exercise, impact on personal relationships, change in mood)
7: Call Gage Mathers As Soon As Possible
Gage Mathers is an elite personal injury firm with significant experience helping dog bite victims. We have helped thousands of clients obtain hundreds of millions of dollars in compensation for their injuries and damages in Phoenix. Contact us now.
If I received a dog bite, what am I entitled to?
In Arizona, injury victims are entitled to compensation for:
- The nature, extent, and duration of the injury;
- The pain, discomfort, suffering, disability, disfigurement, and anxiety already experienced, and reasonably probable to be experienced in the future as a result of the injury;
- Reasonable expenses of necessary medical care, treatment, and services rendered, and reasonably probable to be incurred in the future;
- Lost earnings to date, and any decrease in earning power or capacity in the future; and
- Loss of enjoyment of life, that is, the participation in life’s activities to the quality and extent normally enjoyed before the injury.
RAJI (Civil) 6th Ed.5
Should I hire a lawyer after a dog bite?
The answer is yes.
You want an injury lawyer who is knowledgeable, experienced, and knows how to get results. Insurance companies are not in the business of giving away money. They are usually traded on the stock market, which means they are in the business of making money for shareholders. Not you.
Therefore, you need someone on your side to make your claim more successful. Our experience shows that insurance adjusters try to take advantage of unrepresented dog bite victims by making low-ball offers and then trying to scare people from hiring a lawyer. Don’t be taken advantage of. If insurance companies were fair, our firm would not be this successful. Hire an award-winning firm like Gage Mathers who has a national reputation for fighting and winning. But do not wait. The sooner you hire a lawyer, the sooner you have a professional looking out for your best interests.
In Arizona, there is a short time-limit on protecting your rights after a dog bite. This is called the Statute of Limitations. Simply put, there is a period of time to settle your case, otherwise, you must file a lawsuit. Dog bite victims have one year from the date of the bite to take advantage of strict liability—this means that for one year, the owner of the dog is liable for any injuries caused by their dog, “..regardless of the former viciousness of the dog or the owner’s knowledge of its viciousness.”6 There are few defenses to strict liability.
After the one-year mark, you have another year (up to two years from the date of the bite) to sue the dog owner for negligence. Your burden of proof is higher and there are more defenses to a negligent dog bite claim. For example, you have to prove that the dog owner was aware of their dog’s dangerous tendencies and failed to mitigate the possibility of injury. As you can see, it is to your benefit NOT to wait to contact a lawyer.
Additionally, the time to file a claim could be even shorter if the dog was either owned or handled by a public entity (e.g., the State of Arizona, Phoenix or City or County, including police departments) or a public employee of one (e.g., a police officer). If that is the case, a Notice of Claim must be served within 180 days of the date of injury, with the claim needing to be settled or a lawsuit filed within one year of the date of injury.7 That said, if your dog bite comes from a police dog, there are statutory protections that limit your ability to pursue a claim. So do not wait. Contact a lawyer immediately.6
Dog Bite Data by Breed; Caution, not Fear
During a 15-year study regarding dog bite fatalities, 521 Americans were killed.8 Of those 521, Pit bulls and Rottweilers were responsible for 76.2% (397) of those deaths.
These statistics are concerning for people who live around pitbulls and rottweilers. Why are they so deadly?
Pitbulls were originally bred for animal killing sports and dog fighting, and because of this heritage, they often show a tendency to attack other animals with a remarkable ferocity. They can be unrelenting when attacking. This is likely the reason pitbulls are used in illegal dog fights, by criminal organizations to guard drugs and other property, and to intimidate and attack others. Their ferocious and intimidating nature is one reason they are used by U.S. Customs and Border Protection as drug detection dogs. It is very difficult to ignore this history.
Rottweilers have a different history. They are considered to be one of the oldest dog breeds with origins going back to Roman times. They marched over the Alps with the Roman legions, protecting the humans and driving their cattle. Their main purpose was driving and guarding cattle and defending their masters and their property. Rottweilers have a strong sense of loyalty and purpose. Their temperament makes them great dogs for protecting family and property, but their size can make them a problem for even friendly visitors.
Animal instincts can transform both breeds into dangerous dogs when they perceive a threat or prey. The danger is amplified by a lack of training, abuse, neglect, irresponsible ownership, and further aggressive breeding.
We love these dogs, but we cannot ignore that the majority of dog attack deaths and injuries are caused by two very specific breeds. These statistics suggest that you should be careful around these breeds, especially if the dog is unfamiliar to you. It is also wise to take the statistics into consideration when looking to adopt, especially if you have a young child.
If You’re a Dog Owner, Things to Consider
As a dog owner, if your dog injuries someone, even off your property, you are responsible for the injuries and can be held financially accountable. When pursuing a dog bite claim, attorneys typically go after the dog owner’s homeowners insurance or renter’s insurance. These insurance coverages are to protect you and your assets from a lawsuit in certain situations, including if your dog bites someone.
As a current or future dog owner, it is key to review your current homeowner’s or renter’s insurance policy to make sure you are covered if your dog bites someone. Insurance companies closely watch dog bite statistics and each insurance company has a list of “excluded dog breeds.” If you own a dog breed on the excluded list and your dog injures someone, your insurance company will not cover your financial responsibility. This leaves you personally liable for the victim’s medical costs, pain, suffering, disfigurement, and other damages. Your assets are at risk—everything you own is up for grabs. Excluded breeds can vary by the insurance company, but it’s not surprising to see Pit Bulls, Rottweilers, Doberman Pinschers, Chow Chows, or German Shepherds on those lists.
Call your insurance agent or insurance company to make sure you have sufficient insurance coverage to protect yourself from being financially accountable for your dog’s bite. Ask if your dog’s breed is on an excluded list and, if so, whether you can have a “variance” or “rider” to add your dog to your insurance policy. Many insurance companies grant a variance if your dog has a “Canine Good Citizen” certificate from the American Kennel Club, or your dog is trained as a “Service Dog”. Worse case, you can look for another insurance company to purchase “Animal Liability” coverage specifically for your breed.
Even with proper insurance coverage, we feel compelled to urge you to train your dog, socialize your dog, avoid abuse and neglect, and watch your dog around kids. Dogs that are spayed or neutered have also shown to be less aggressive and, thus, less likely to injure someone. Follow these suggestions and you are less likely to get a letter from a law firm like Gage Mathers.
- U.S. pet ownership statistics. American Veterinary Medical Association. 2017-2018.
- Medically attended dog bites. National Canine Research Council. 1 February 2016.
- Dog bite statistics. DogBite.org.
- 13-Year U.S. Dog Bite Fatality Chart – 2005 to 2017. DogBite.org. 26 April 2018.
- Personal Injury Damages Instructions. Revised Arizona Jury Instructions (Civil), 6th. July 2013.
- Arizona Revised Statutes 11-1025. Arizona State Legislature.
- Arizona Revised Statutes 12-821-01. Arizona State Legislature.
- 15 Year U.S. Dog Bite Fatality Chart – 2005 to 2019. DogBite.org. 15 July 2020.
