Phoenix AZ Dog Bite Lawyers
Attorney Representation in Phoenix, Arizona Since 1996
Dog Bite Frequently Asked Questions
What's the difference between "strict liability" and the "one free bite" rule?
Different states have different liability laws on the books. Some states, including Arizona, hold owners to a standard known as "strict liability" if a lawsuit is brought within one year of the day of the attack That is, if a dog commits an attack or aggressive action that causes harm to another person, the owner can be immediately held liable. Other states have what are known as "one free bite" laws. In these states, if a dog bites, the owner can be held harmless for this first offense. In so-called "mixed statute" states, aspects of both strict liability and one free bite rules come into play.
Arizona strict liability standard of the lawsuit is brought within a year from the date of the dog attack. However, if the claim is brought more than one year, but less than two years, from the date of the dog attack, then the owner must prove that the dog owner knew, or should have known, the dog had dangerous propensities. This may require proving the dog had bitten someone before, a much higher standard to meet.
What are the most dangerous dogs?
The CDC, the Journal of the American Medical Association (JAMA), and other groups and individuals have spent a lot of money and time surveying fatal dog attacks. Rottweilers, pitbulls, and rottweiler-pitbull mixes are considered to be among the most dangerous and vicious dogs. Breed advocates contend, however, that these dogs themselves are not as inherently vicious as the studies might have one believe. They argue that it's the aggressive culture surrounding these dogs that feeds fatality rates. In other words, owners of pitbulls, rottweilers, and mixes tend to be more negligent, aggressive, and violent people, and their bad behavior transfers onto their canines.
From our viewpoint, it does not matter why we see so many innocent people are injured by pit bull attacks in Arizona. Perhaps it is due to their owners, maybe it is the breed. What we do know is that these attacks seem to happen far too frequently.
What can I hope to recover in a dog bite liability claim?
Your settlement might pay for medical bills, plastic surgery related to the dog bite, therapy, pain and trauma, lost past and future wages, and medical bills and surgery. In addition, Arizona law provides for general damages (money payment) for things such as loss of ability to participate in normal activities of daily living and loss of enjoyment of life.
If someone trespasses on private property or ignores a "beware of dog" sign, can they still make an Arizona dog bite claim?
Yes. However, trespassers and people who ignore obvious warnings that a dangerous dog lurks may find the jurors and judges are less receptive to their claims. Further, if the trespasser (or anyone else) provoked the dog attack, they are not allowed to recover any damages for their injuries. In most situations, we would expect a jury to award nothing to someone who was committing an illegal act, and to be very critical of someone who did not belong on the property. Still, as always, this is a question that must be addressed on a case-by-case basis.
How many dog bites occur every year in the US?
According to a 1996 study by the CDC, nearly one out of every 50 Americans gets bitten annually; out of these dog bite victims, around 16 percent require medical care.
For assistance on handling your dog bite injury case, contact the Phoenix personal injury attorneys here at Breyer Law Offices. Call 480-753-4534 for a free consultation. We are members of the Million Dollar Advocates Forum, the American Association for Justice, and the Arizona Trial Lawyers Association.
