When a dog at a rental property bites someone, the dog's owner — typically the tenant — is strictly liable under A.R.S. § 11-1025 regardless of the dog's history. But depending on what the landlord knew and what control they exercised over the property, the landlord may also share liability. In serious cases, pursuing both can be the difference between recovering your full losses or leaving money on the table.
When landlords can be held liable
A landlord isn't automatically responsible for a tenant's dog. But liability attaches when the landlord had prior knowledge that a dangerous dog was on the property — complaints from other tenants, prior incidents, or actual knowledge of the dog's aggression — and failed to take action within their legal control. That control might mean enforcing a no-pets clause, requiring the tenant to remove the dog, or restricting access to certain areas of the property. A landlord who knew the dog was dangerous and did nothing can be found liable alongside the dog owner.
Courts have also found landlord liability where the landlord maintained control over the area where the bite occurred — common areas, shared yards, entryways — and failed to restrict access or warn other tenants and visitors.
What you need to establish
Against the tenant-owner: the bite occurred in a public place or while you were lawfully on the property (A.R.S. § 11-1025). Against the landlord: actual knowledge of the dog's dangerous propensities, legal authority to act, and failure to do so. Maintenance requests, complaint logs, lease violations, and communications between the landlord and tenant are all relevant. Get an attorney involved early to send preservation letters before these records disappear.
The filing deadline
Arizona gives most personal injury victims two years from the date of the bite (A.R.S. § 12-542). See our post on the Arizona personal injury statute of limitations for exceptions.
Our dog bite attorneys handle claims throughout Phoenix and Scottsdale on a contingency fee basis. No fee unless we win. Call (480) 418-SHER (7437) or reach out online.