Arizona Dog And Animal Bite Lawyer/Attorney
The state of Arizona frowns upon animal bites, and the owners that allow it. The laws concentrate on dog bites; however, it is applied to all domesticated animals. It is considered a strict liability state: the owner is liable for the bite whether on public or private property, despite the dog’s previous disposition or tendencies. For this statute, the victims need only to prove which dog did biting, and connect that dog to the owner. However, an Arizona attorney knowledgeable in dog bite law can build a case for the owner.
As with any dog bite case, even in Arizona , there is a measure of contributory negligence that can negate a victim’s claim for damages. In Arizona , trespassing is the only contributory negligence that an attorney can argue. If the victim was on the owner’s property without permission, then that victim is liable for the injury. The owner must prove trespassing in this case.
The strict liability statute is an effective case-builder for the victim, but it has a statute of limitations of one year from the date of injury. An owner’s attorney can use this to fight any bite claims brought well after the original incident. The victim does have another option, which is the common law statute. Although Arizona is a strict liability state, the common law statute of negligence still exists. It is often forgone as the victim’s attorney can unusually prove a case easier using strict liability. The common law statute has a two year statute of limitations, so it is often used in cases brought after the time for strict liability runs out. The common law statute requires that the victim prove that the owner had prior knowledge of the dog’s dangerous potential. This is much harder to prove; the victim’s attorneys usually avoid it.
The owner’s attorney may also place the liability for the injury on a third party. Arizona ’s “at large law” requires that anyone who sets a dog loose is responsible for the subsequent injury. The owner needs only to prove that the third party unleashed the dog. (These laws exclude police dogs while in the line of duty.)
Arizona laws are geared toward helping the victims of dog bites; however, there are some built in protections for dog owners. As always, consult an attorney who knows Arizona law to see if you are protected.
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