An estimated 4.7 million Americans will be bitten by dogs this year. Children are the main victims of these injuries. Approximately 800,000 people will require medical attention each year due to dog bites. In the last 15 years, more than half of the states have passed laws with severe penalties for dog owners who cause serious injury or death. (Source: American Veterinary Medical Association).
Arizona Dog Bite Laws
Arizona has several laws related to dog bite injuries.
Arizona Revised Statutes, section 11-1025. This law states that a dog owner is liable for injuries caused by dog bites without the need to prove negligence on the part of the dog owner. This is known as “strict liability.” The only defenses to a claim under this statute are trespassing or taunting the dog. This status applies to dog bites. Does not apply to cats or other pets. It also does not apply to other injuries that a dog may inflict, such as scratching with its claws.
Arizona Revised Statutes, section 11-1020. This law imposes liability on any person who allows a dog to run free for any type of injury to person or property. This law is broader than the strict liability statute. Injuries can be from a bite, as well as other injuries, such as a broken leg if a dog jumps on a passing biker. The law imposes liability not only on the owner, but also on the “person or persons responsible for the dog.” This may include pet sitters or others who may be caring for someone else’s dog.
Arizona common law. Arizona has followed the common law rule for dog bites for many years. This usually requires proof that the owner knew, or should have known, about his dog’s dangerous propensities. For example, if a dog owner has a dog that has bitten other people in the past and the owner does nothing to keep the dog away from visitors, the dog owner may be held liable if the dog bites a guest. However, if the dog has never bitten anyone before and the owner has no reason to believe the dog would harm anyone, the dog owner may not be liable even if he or she seriously injures someone.
Deadlines. Different deadlines apply for different types of dog bite claims. Some claims have to be made within one year, while others have to be made within two years, depending on the law involved. There are some burrow bite claims that must be made in as little as 180 days if a government agency is involved. Due to these time frames, a dog bite victim should seek legal advice quickly.
dangerous breeds
A special report published in the Journal of the American Veterinary Medical Association looked at breeds that were involved in fatal attacks on humans. Reviewing 20 years of data, they found that pit bulls were responsible for more fatal attacks than any other breed. In fact, pit bulls caused almost twice as many deaths as Rottweilers, the second most common breed responsible for fatal attacks. Together, pit bulls and rottwielers caused two-thirds of all fatal human attacks.
Dog bite prevention
The Center for Disease Control offers the following safety tips to prevent dog bites in children:
• Do not approach an unknown animal.
• Don’t run from a dog and yell.
• Remain still (eg, “stand still as a tree”) when approached by an unknown dog.
• If you get knocked down, roll up and stay put (eg, “stand like a log”).
• Don’t play with a dog unless supervised by an adult.
• Report a stray dog displaying unusual behavior to an adult immediately.
• Avoid direct eye contact with a dog.
• Do not disturb a dog that is sleeping, eating, or caring for puppies.
• Don’t pet a dog without letting him see and smell you first.
• If you are bitten, tell an adult right away.