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Dog Bite Injuries: How Fault Is Determined After a Dog Bite

Dog Bite Injuries: How Fault Is Determined After a Dog Bite

Shapiro Law Team July 25, 2023 dog bite injury

Dog bites can be traumatic and have long-lasting effects on everyone involved. Every dog bite incident is different and determining who is liable requires some work. If you or a loved one has been bitten by a dog, you need to discuss your case with an experienced personal injury attorney.

What is Considered a Dog Bite?

In the case of a dog bite, the most important question to answer is who is at fault. But what is classified as a dog bite? A dog bite occurs when a dog’s teeth perforate the skin of the victim. It’s considered a bite if teeth puncture the skin, creating a wound.

Who Is Liable When a Dog Bites Someone?

In most cases, the dog owner is held liable. This includes dogs that have no history of aggression and dogs that are just playing around.

The one-bite rule applies to these scenarios, which means the owner must pay damages to the victim regardless if the dog has had an aggressive past. Dog owners are required to take full responsibility for their dog’s actions and must ensure that the dog is not a threat to society. It doesn’t matter how the victim was bitten—all bites are a risk.

Is the Dog Owner Always Held Liable for Their Dog’s Bite?

Not always. The dog owner may not be at fault if the victim was provoking the dog, committing assault, or trespassing on private property. An experienced dog bite injury attorney can help determine who is liable.

How Does Liability Work in a Dog Bite Case?

Laws that govern a dog bite vary from state to state. To establish liability in Arizona, the victim must demonstrate that the dog owner failed to exercise reasonable care in preventing the dog from biting.

If the dog owner had no reason to believe their dog was aggressive, they might not be liable. However, they will likely be held liable if they were aware of the dog’s aggression. Establishing liability in a dog bite case in Arizona revolves around proving negligence on the part of the dog owner. Victims must prove that the owner failed to exercise reasonable care in preventing the dog from biting.

Arizona’s strict liability rule means that the owner can be held responsible for the dog’s actions, regardless of its past behavior. Victims of dog bites are advised to reach out to a dog bite injury attorney as soon as possible.

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What To Do When an Untrained Dog Bites Your Family Member

If an untrained dog bites a family member, you need to report it right away. Arizona law requires owners, victims, and witnesses to report the incident immediately after the dog bite.

If your loved one has been bitten, report the bite to the Maricopa County Animal Control Center. Once reported, you need to get your family member immediate medical attention.

What Kind of Compensation Can I Seek After A Dog Bite?

Victims are absolutely entitled to compensation after a dog bite. Types of compensation include:

  • Medical expenses
  • Rehabilitation costs
  • Pain and suffering
  • Lost wages

The specific amount will depend on the severity of the injuries and their impact on the victim’s life. Start the legal process by calling the experts at Shapiro Law Team. We are well-versed in handling dog bite cases. You won’t pay us unless we win your case.

How to Prove Fault in a Dog Bite Case

Statutes of Dog Bite in Arizona

Arizona enforces a strict liability law for dog bite injury claims. Under this law, if a person sustains a dog bite injury while in a public space or lawfully on private property, and it can be proven that the dog was responsible for the injury, the owner may be held legally responsible.

How Long Do You Have to File a Dog Bite Claim in Arizona?

Typically, you have one year from the date of the bite to initiate legal proceedings, but if the bite resulted from negligence, the deadline is extended to two years. Missing the deadline may result in losing the right to seek compensation for injuries. Because of this short window, we highly recommend that you call Shapiro Law Team immediately after suffering a dog bite incident.

Damages for Dog Bites in Arizona

In dog bite cases, Arizona follows a strict liability rule. However, some laws won’t apply to a dog bite victim’s case. If a victim was injured during an attack but was not bitten, then Arizona’s liability rule doesn’t apply. A victim can still fight for compensation if negligence is determined.

Economic damages include:

  • Cost of medical care: this includes ambulance expenses, emergency care, and treatments.
  • Emergency medical care: this includes on-site EMT treatments and ER visits.
  • Hospital and doctor visits: this includes physical therapy and any other continuous visits.
  • Necessary medical devices: this includes any current or future devices needed for healing.
  • Lost wages: this includes reduced earning capacity.

Non-economic damages like pain and suffering are also valid during a claim. Contact Shapiro Law Team to confidentially discuss the details of your case.

Will the Dog be Quarantined?

Typically, yes. After a dog bite incident, unvaccinated dogs are required by law to determine whether or not they have rabies. The quarantine period is at least ten days immediately following the bite.

Does Arizona have a One-Bite Rule?

No, Arizona does not have a “one-bite” rule. This means that the dog owner can be held responsible for a dog bite regardless of whether the dog has a history of aggression.

What Is the Defense of a Dog Bite in Arizona?

Common defenses in dog bite cases include trespassing and negligence. If the dog owner can prove that the victim provoked the dog or was partially responsible for the incident, it may reduce their liability.

What Are the Laws for Aggressive Dogs in Arizona?

If a dog is classified as aggressive, the owner must comply with specific regulations to keep others safe. If an owner knows that their dog is aggressive and that dog bites someone, then the owner could face a Class 3 misdemeanor.

Contact an Experienced Dog Bite Injury Attorney in Phoenix

If you or a loved one has suffered a dog bite injury, then you need guidance. At Shapiro Law Team, we help gather evidence, negotiate with insurance companies, and fight hard for the compensation you deserve. Dog bites are traumatic, so don’t hesitate to contact us during this tough time. Remember, you don’t have to face the challenges of a dog bite injury alone.

Reach out to us at (480) 744-6369 for a free, confidential consultation to discuss the details of your dog bite case. We’ll be waiting on the other line.

 

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