Many states follow a 'one bite' rule, where an owner is only liable if they knew their dog was dangerous. Arizona is far more protective of victims. Under A.R.S. § 11-1025, a dog owner is strictly liable when their dog bites someone who is lawfully in a public place or lawfully on private property, regardless of whether the dog ever bit anyone before.
Strict Liability: No 'One Free Bite'
This means a victim generally does not have to prove the owner was careless or knew the dog was aggressive. The fact of the bite, plus the victim's lawful presence, is enough to establish liability under the statute.
The Critical One-Year Deadline
Here is the catch that traps many victims: the strict liability dog bite claim has a one-year statute of limitations under A.R.S. § 12-541, shorter than the two-year deadline for most injury claims. Wait too long, and you lose the benefit of strict liability.
A separate common-law negligence claim, with the usual two-year deadline, may also be available, but it requires proving the owner was careless. Because the strongest claim has the shortest deadline, acting quickly is essential.
Injuries and Who Pays
Dog attacks cause puncture wounds, deep lacerations, infections, nerve damage, scarring, and lasting psychological trauma. Children are frequent victims and often suffer facial injuries requiring reconstructive surgery. Compensation may cover medical care, future surgeries, scarring, and pain and suffering.
In many cases, the source of recovery is the owner's homeowner's or renter's insurance, which means pursuing a claim does not necessarily mean financially devastating a neighbor or friend.
After a Dog Attack
Seek medical care and report the bite to animal control so it is officially documented. Identify the owner and any witnesses, and photograph the injuries and location. Avoid recorded statements to the owner's insurer. Given the short one-year strict liability deadline, a prompt free review is especially important in dog bite cases.
Have questions about your own situation? Get a free, confidential case review. You pay no fee unless you win. Call 973-566-5599.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Arizona attorney.