Dog Bites
Being attacked by a dog is a traumatizing experience. A dog bite can lead to puncture wounds, lacerations, nerve damage, facial injury, tissue damage, scars, and emotional harm such as post-traumatic stress disorder.
Being attacked by a dog is a traumatizing experience. A dog bite can lead to puncture wounds, lacerations, nerve damage, facial injury, tissue damage, scars, and emotional harm such as post-traumatic stress disorder.
Many states follow a "one bite rule," where an owner is only responsible once the dog has shown itself to be dangerous. Arizona does not. Under A.R.S. § 11-1025, the owner of a dog that bites a person who is in a public place, or lawfully in a private place — including the owner's own property — is liable for the resulting damages regardless of the dog's former viciousness or the owner's knowledge of it.
That is a significant advantage for injured people. You do not need to prove the dog had bitten before, that it had a history of aggression, or that the owner was careless. You need to establish that you were lawfully where you were and that the dog bit you. Arizona separately makes an owner fully responsible for injury caused by a dog running at large (A.R.S. § 11-1020).
Arizona recognizes provocation as a defense (A.R.S. § 11-1027), and it is the argument insurers reach for in nearly every case. The statute sets an objective test: whether a reasonable person would expect the conduct or circumstances to be likely to provoke a dog. It is not enough for the owner to claim the dog was startled. Children in particular are frequently accused of provocation for behavior that no reasonable person would expect to trigger an attack.
The strict liability dog bite claim is a liability created by statute, so it falls under Arizona's one-year limitations period (A.R.S. § 12-541). That is half the two-year window that applies to most injury claims, and it is the single most common way a valid dog bite case is lost.
There is an important nuance. If the one-year window has passed, a claim may still exist. A common-law negligence claim against an owner or handler — for failing to restrain a dog they knew was dangerous, for violating a leash ordinance, or for negligent handling — is generally subject to the ordinary two-year period (A.R.S. § 12-542). It requires proving fault, which strict liability does not, but it remains available after the statutory claim expires. If you have been told you waited too long, it is worth a second look.
Most recoveries come from a homeowners or renters insurance policy rather than from the owner personally, which is why obtaining the carrier name and policy number at the scene matters so much.
If you sustain an injury as a result of a dog bite, ask the dog owner for their full name, contact number, address, and homeowners insurance information (carrier name and policy number). Write down the contact information for any witnesses and take photos of the dog and the bite marks you sustained. Call your local animal control center to report the incident and seek immediate medical attention if necessary.
If you have suffered injuries or scarring due to a dog bite, you have a right to compensation. It is crucial to contact an attorney well versed in the local laws and regulations governing dog bites to ensure you are fairly compensated for your injuries and emotional suffering.
In Arizona it is imperative to make a claim for your dog bite injuries within one year of the date of the incident. If legal action is not sought within this time you will lose your ability to bring the strict liability claim against the dog owner, though a negligence claim may remain available for a further year.
Scarring deserves particular attention. Dog bites frequently leave permanent marks on the face, hands, and arms, and children heal in ways that change as they grow. Where reconstructive treatment may be needed later, settling before a plastic surgeon has given an opinion can leave a great deal on the table.
If you or a loved one have been injured in a dog bite, contact Sher Law Group for a free case review. If we take your case, we will not only help you navigate through the legal process but also help you find medical providers that can properly manage your injuries and even repair the scarring you sustained from the dog bite. We are here to protect your rights and ensure you receive the maximum settlement to help make you whole.
No. Arizona is a strict liability state. Under A.R.S. § 11-1025 the owner of a dog that bites someone lawfully in a public or private place is liable regardless of the dog's former viciousness or whether the owner knew of it. You do not need to show the dog had ever bitten anyone before.
The strict liability claim must be brought within one year, because it is a liability created by statute under A.R.S. § 12-541. A common-law negligence claim against the owner or handler is generally subject to the ordinary two-year period under A.R.S. § 12-542, so a claim may still exist after the first year has passed.
Not automatically. Provocation is a defense under A.R.S. § 11-1027, but the test is objective — whether a reasonable person would expect the conduct or circumstances to be likely to provoke a dog. Ordinary behavior around an animal, particularly by a child, frequently does not meet that standard.
Usually the owner's homeowners or renters insurance rather than the owner personally. Depending on the circumstances a keeper, handler, kennel, or in some cases a landlord may also bear responsibility. This is why obtaining the owner's insurance carrier and policy number at the scene is so valuable.
Children make up a large share of serious dog bite injuries and are most often bitten on the face and head. Limitations periods work differently for minors, and settlements involving a child may require court approval. Because scarring can change as a child grows, the timing of any settlement deserves careful thought.
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