PHOENIX DOG BITE PERSONAL INJURY ATTORNEY

A dog bite can result in serious injury to a victim and should be taken seriously. If you are the victim of a dog bite incident, seek medical attention immediately. There are many dangers associated with dog bites, including serious infections, particularly in the hand, where decreased circulation makes it harder for the body to fight infection. Failing to take a dog bite incident seriously could result in serious health consequences, so be sure to get checked out by a medical professional if you have been bitten by a dog.

If you or a loved one has been the victim of a dog attack, contact Eric Shapiro and Shapiro Injury Law (Formerly know as Shapiro Law Group) as soon as possible to discuss your options and pursue your legal remedies.



Dog Bite Verdicts and Settlements

• $170,000: While playing in a neighbor's living room, our client was attacked by the neighbor's dog
• $76,000: After escaping from a neighbor's fenced front yard, the neighbor's dog attacked our client
• $51,000: While attending a holiday party, our client was attacked by family member's dog
  

Practical Tips Post-Injury

Attorneys Who Understand Arizona Dog Bite Laws

Under Arizona law, there is a statutory basis for pursing a claim, and there is a common law basis for pursing a claim. The circumstances surrounding the dog bite incident and the timing of pursing a claim will determine the best course of action for a victim of a dog bite.

Strict Liability Law. An owner of a dog is strictly liable for the damages that are caused if the dog attacks a person that is in a public place or lawfully in or on a private place. It does not matter if the dog has attacked anyone in the past or if the dog has a “propensity” for biting. The breed of the dog also has no bearing on the owner’s responsibility. It doesn’t matter if the dog involved is a shih tzu, a labradoodle, or a German shepherd. The owner remains liable, even if it is the very first time that the dog has ever bit anyone. Arizona’s strict liability law is codified in A.R.S. § 11-1025.

Dog owners are not the only ones that are subject to strict liability if a dog attacks another person while “at large.” Anyone that allows a dog to run free resulting in a dog bite incident will be found to be strictly liable for the dog’s actions if the individual was responsible for the dog at the time that the dog attack took place. Strict liability for someone other than the dog’s owner is codified in A.R.S. § 11-1020, which states, "Injury to any person or damage to any property by a dog while at large shall be the full responsibility of the dog owner or person or persons responsible for the dog when such damages were inflicted."

“Provocation” is an affirmative defense to strict liability for a dog attack. The owner or responsible individual could defend against strict liability by asserting that the dog was provoked into attacking the dog bite victim. The issue of provocation is based upon a “reasonable person” standard, as identified in A.R.S. § 11-1027, which states, "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."

Common Law Liability. Common law liability does not arise by statute, regulation, or code. Common law is an area of the law that has developed over time and which is based upon customs and judicial precedent. In Arizona, a victim of a dog bite that cannot argue for strict liability can still pursue a dog owner or responsible party for damages if the victim can show one of the following:

1. The owner/responsible party intended for the dog to attack;
2. The owner/responsible party knew that the dog had a propensity to bite; or,
3. The owner/responsible party failed to act in a reasonable fashion and this failure resulted in the dog attacking the victim. 

Common law theories of liability for dog bites apply equally to dog owners and others that were responsible for the dog at the time of the attack.

RECOVERABLE DAMAGES

A victim of a dog attack can recover the following damages from the owner/responsible party:

• Cost of medical treatment (medical bills, past and future)
• Lost income (past and future)
• Pain and suffering
• Loss of earning capacity
• Permanent disfigurement
• Damages to personal property
• Punitive damages (under rare occasions).

Timing of the Claim is Very Important. As identified above, there are statutory remedies and common law remedies available to a victim of a dog bite/attack. The statutory remedies (strict liability) have a one-year statute of limitation. As a result, the victim must either settle his/her injury claim or file a lawsuit within one year from the date of loss, or the victim will not be able to pursue a strict liability claim against the dog owner or responsible party.

If the one year should pass without a resolution of the injury claim, the victim could still pursue the dog owner/responsible party under a common law theory, which has a two-year statute of limitation; however, a strict liability theory is the preferred means to pursue damages on a dog bite case, as there is less to prove and less chance that a jury will let an irresponsible dog owner/party escape responsibility.

If you or a loved one has been the victim of a dog attack, contact Eric Shapiro and Shapiro Injury Law (Formerly know as Shapiro Law Group) as soon as possible to discuss your options and pursue your legal remedies.