Phoenix Animal Attacks Lawyer
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Personal Injury Animal Attacks
Personal Injury Animal Attacks
Under most modern statutes, dog owners are held strictly liable for actions by their dog. Under these statutes, including Arizona’s, dogs do not get “one free bite”. 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 the person bitten, regardless of the former viciousness of the dog or the owner’s knowledge of its viciousness. 
An owner of a dog is also liable for personal injuries and property damage caused by the owner’s do while the do is “at large.” At large means the dog is not confined by an enclosure nor leash. If the injury or damage is inflicted while the dog is under the responsibility of a person other than the dog owner, then that person is liable under the statute, not the dog owner. Generally, a dog over the age of three months is permitted “at large” if the dog wears a collar with a valid license tag attached. But some dogs are prohibited by statute from being “at large”, including female dogs during breeding or mating season, vicious dogs, and any dogs in rabies quarantine area. An owner of a dog that has been found by a court to be a vicious animal, or a dog owner that otherwise of his or her dog’s vicious propensity, is guilty of a class 6 felony if the dog “bites, inflicts physical injury on or attacks a human being while at large.” ARS 13-1208(A). Generally, a public housing agency that owns, operates, manages, or contracts for rental housing accommodations is not liable for injuries and damages caused by a dog kept by a tenant. Fortunately, most dog bites are covered either by a home owner’s insurance policy or a business liability policy for an injury on commercial premises. The defense of reasonable provocation is the only defense recognized by Arizona courts to claims arising from bites and other injuries inflicted by dogs. Proof of provocation of the attack by the person injured shall be a defense to the action for damages. The issue of provocation shall be determined by whether a reasonable person would expect that the conduct or circumstances would be likely to provoke a dog. The common law defense of contributory negligence and assumption of risk are superseded by Arizona’s strict liability statute. While the most common kind of animal attack is a dog, other animals can also cause injuries. If the injury is the result of an attack by a wild animal such as a tiger, then the owner of that animal is strictly liable. If you or a loved one has been hurt by a dangerous animal, please contact us today to get the help you deserve. Tags: Dog Bite Lawyer Dangerous Animals Dangerous Animal Lawyer Phoenix Dangerous Animal Attorney Dog Bites Arizona Dangerous Animal Phoenix Dangerous Animal Lawyer Arizona Dog Bite Lawyer Phoenix Dangerous Animal Attorney Arizona Dangerous Animal Attorney Dangerous Animals Dangerous Animal |
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