This type of law is known as 'strict liability'
meaning the owner's knowledge or mental state plays no role in deciding his
liability (legal responsibility). Thus, if a dog injured you with a bite,
it does not matter that the dog never bit anyone before, it does not matter the
dog's breed, and the owner's knowledge does not matter either. Now, if the
owner intentionally made the animal attack you, that is a whole
different scenario of intentional torts. Here, with the
common dog bite, the owner will most likely be held responsible for
your injury and you should discuss your legal options with an
attorney who regularly handles personal injury cases.
In Arizona, the pet owner will not be responsible if
the dog bite victim was trespassing. According to
"Dog Bite Law" in Arizona, the only defense to
a dog bite is that
the dog bite injury victim trespassed, or provoked
the dog bite attack. The statute discussed above requires the
person to be in a "public place or lawfully in or on a private
place". Thus, if you are not lawfully allowed to be where you were bitten,
such as trespassing, the dog bite attack has a valid
defense. Arizona law also provides "[p]roof of provocation of
the attack by the person injured shall be a defense to the action for
damages."
Arizona Revised Statute 11-1027.
Here, the court system determined that the
"common law defenses of contributory negligence and assumption of risk
superseded." Massey v. Colaric, 151 Ariz. 65, 725 P.2d 1099 (1986). This
means the dog owner cannot argue that the injured person assumed the
risk such as coming towards the dog or offering a hand to the dog. The only
valid defenses are if the injured person was trespassing or if the dog
owner can prove that the injured person provoked the dog. In Arizona,
the bite victim has one year to file
a dog bite lawsuit or settle an
animal bite personal injury claim.
Another question is how much time an injured person
has to hold the dog owner responsible. Arizona law provides,
"[t]here shall be commenced and prosecuted within one year after the cause
of action accrues, and not afterward, the following actions... (5) Upon a
liability created by statute. Arizona Revised Statute
12-541. Dog bite liability falls under this time limitation.
Thus, an injured person has one year from the day of the bite to
either file a lawsuit or settle a claim.
To properly investigate and build your case in this
very short time span, you should speak
with a personal injury lawyer or
an experienced dog bite attorney who regularly
handles personal injury cases.
We hope this brief overview has given you a glimpse
into your options after a dog bite. This article is only a starting
point, however, and has not discussed many topics such as what money damages to
expect, how to find the defendant’s insurance policies, or other potential
common law actions with a two-year statute of limitations. If you or a loved
one is the victim of a dog attack, we advise talking with an experienced
personal injury law firm. Call us today at Accident Law Group and sit down with
a licensed and experienced personal injury attorney for a free initial
consultation.
We hope this brief overview has given you a glimpse
into your options after a dog bite. This article is only a
starting point, however, and has not discussed many topics such as what money
damages to expect, how to find the defendant's insurance policies or other
potential common law actions with a two-year statute of limitations. If you or
a loved one is the victim of a dog attack, we advise
talking with an experienced personal injury law firm. Call
us today at Accident Law Group and sit down with a licensed and
experienced personal injury attorney for a free case
evaluation and initial consultation.
"I’m a dog bite victim–do I have a
claim?"
A dog bite can be a serious injury.
The bites can have significant consequences including lifelong or permanent
injury or surgery. It’s important to take photos of your injuries and seek
medical attention immediately. The risk of disease is prevalent, especially if
you were bitten by a dog whose medical history is unknown.
If you are bitten by a dog, make sure you gather the
following as soon as possible:
- The
police report, if the police were contacted
- The
animal control and care report, if available
- Photographic
and video evidence of your injuries and the scene
- Contact
information for any and all witnesses and parties involved
With this information in place prior to your meeting
with one of our attorneys, the claim process is much easier. Your attorney will
therefore provide you with a more accurate evaluation of your case which will,
in turn, allow you to have a better understanding of your unique case and the
legal options that are available.
Dog bite statistics
show that nearly 4.6 million people in the United States are bitten by dogs
every year. Male dogs are much more likely than female dogs to fatally bite,
and dog attacks increased by 300% during the COVID-19 pandemic. Dogs that are
not neutered or spayed tend to display more aggressive and territorial
behavior, and are 77.9% more likely to attack a person. Additionally, most
attacks are made by a dog that is not the dog’s owner. In Arizona, both the
caretaker of a dog and the dog’s owner may be jointly held liable for a
victim’s damages if the victim has been bitten by a dog he or she is caring
for.
There are six levels of dog bites,
with levels 3 to 6 being the most serious–they can lead to catastrophic injury
including death. Although your medical bills may begin to stack up, it’s
crucial to keep track of all treatment, receipts, bills, and communications
with your medical providers and insurance company prior to hiring an attorney.
Once you have hired us to represent you we will take care of everything and
update you as the case progresses.
Will I receive compensation for my medical
treatment only?
It’s impossible to say exactly how much compensation
you will receive because every case is unique. Your Accident Law Group attorney
will dedicate their efforts to represent you aggressively and fairly.
Your dog bite claim includes more than your treatment.
We also take into consideration and fight for any time you have missed from
work due to your injuries including time set aside for appointments. If your
injuries are more severe and require an extensive amount of continuous
treatment, we fight for that fair compensation. Your injury isn’t your fault,
and you should be compensated fairly.
Experienced Dog Bite Attorneys
With several decades of combined experience, the
attorneys at Accident Law Group know exactly how to diagnose your case and
attack it head-on with a strategy in place. With our client-centric approach,
we determine the best plan of action in order to represent you in the best way
possible.
Our firm focuses exclusively on personal injury
claims, meaning that we are well versed in all aspects of an injury case
including dog attacks. With personalized, face-to-face service from our
experienced and trusted attorneys, you can relax knowing that your case is in
good hands.
How do I determine my damages?
Your case and damages will be determined by your
attorney and team, who will ensure that it is examined at every angle. Our firm
is well-versed in personal injury and dog bite cases and will handle it from
start to finish. We work hard to fight for the best outcome for you.
What damages can be covered?
Damages do not necessarily only include compensation
for your medical bills and treatment. Our attorneys will fight for all damages
including lost wages, medical expenses, disfigurement, punitive damages, mental
anguish, therapy, surgery, counseling, and pain and suffering.
Lost wages can be calculated from missing time at work
due to appointments and injury-related treatment, or from future lost wages.
Our experts have substantial experience in calculating and displaying future
lost wages as well–if you are suffering from injuries that will affect your
daily lifestyle then it’s important to bring in an expert that can accurately
reflect a judge and jury how much this attack has affected your life.
Commonly, the dog owner will have an insurance policy
that should cover the costs of your medical treatment from the dog bite.
Renter’s insurance, homeowner’s insurance, and even business insurance have
policies for these situations. As a victim, it’s important for you to speak to
an attorney to discuss your case before settlements or arrangements are made with
the insurance company.
Free Case Evaluation
When you contact Accident Law Group to
represent you, you will be connected with an experienced personal injury
attorney. He or she will then review your case for free evaluate all possible
avenues and provide you with quality legal advice.
Our attorneys at Accident Law Group will
not only evaluate your case but will determine an accurate estimate of fair
compensation so you are not taken advantage of by the insurance
companies.
You will not be charged any fees upfront. Our service
is risk-free, and our costs and fees are calculated at settlement meaning it’s
not coming out directly from your pocket. Additionally, at Accident Law
Group, we make sure to never take more from a settlement than you do.
Without speaking to an attorney, you run the large
risk of being bulldozed and taken advantage of with no way of determining
whether the settlement from the insurance company is accurate and fair. Whether
your case settles in pre-litigation or is mediated or goes to trial, Accident
Law Group will fight for you. You’ve suffered enough with your
traumatic experience and injuries and deserve to go through the legal process
as seamlessly as possible.
Contact Us:
Accident Law Group
Phoenix, Arizona
Google
Site: https://sites.google.com/view/accident-law-group/home
Official
Site: https://www.accidentlawgroup.com/
Here at
Accident Law Group, our entire firm handles only accident/injury cases. 100% of
our work is building, arguing, and winning injury cases just like yours. It is
what our founding partners named the firm, because accidents are all we focus
on.
15650 N
Black Canyon Highway, Suite B-155, Phoenix, AZ 85053
(602)
262-4254
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