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Arizona Dog Bite Law
Searching for Arizona Dog Bite Law or Maricopa County Dog Laws? This post should help!
Every day in America, more than 1,000 people receve a dog bite and as a result require medical care. In Arizona, one of the msot common forms of injury is a dog bite and the courts award compensation to hundreds of dog bite victims every year. If you, a loved one or someone you care for has suffered a dog bite, a knowledge of the dog bite laws in Arizona can help you decide what would be the best course of action and what compensation you or the victim may be entitled to. This process may also help you whether you need to retain the services of a dog bite lawyer.
There are many statues in Arizona governing dog bites including A.R.S. 11-1025 on liability for dog bites through 11-1027 on provoking a dog. Arizona has a reputation as a strict liability state when it comes to dog bites. Meaning the owner of the dog can he held responsible for damages and injuries regardless of whether the owner had knowledge of the attack or it was caused by negligence. Many states (though not Arizona) have a “one bite free” policy. In those states, the first time a dog bites someone, theye owner may not be held responsible for damages. Likewise, if the dog is being cared for by someone who is not the owner at the time of the attack, both the owner and the carer may be jointly held liable for damages to the victim.
It is vital to understand that lack of knowledge or negligence of a dogs viciousness is not required for an owner to be held responsible for the actions of their dog. A.R.S. 11-1025 states the owner can be held liable if the attack occurs on property that is public or if the victim is lawfully on private property. The statute also says the owner’s liability is not impacted because of a dog’s viciousness or the knowledge the owner had of this. Meaning, even if the dog was, to that point, no aggressive, the owner may still be held liable for damages.
If it has been determined the victim of the dog bite provoked the dog, the owner cannot be held liable for damages. Provocation is defined in A.R.S. 11-1027 as “circumstances [that] would be likely to provoke a dog.” Though A.R.S. 11-1025 states that the owner is liable on private property that is lawfully entered, according to A.R.S. 11-1026 the dog owner may still be responsible for a victim who is attacked on private property unlawfully. Being lawfully on private property occurs, when someone is invited as a guest onto your property, or as required by state or local ordinances. If a trespass occurs when there are very clearly posted signs that warn of a vicious dog, the injury claim would be impacted negatively by the trespassing.
The above statutes are regarding dog bites but the victim of a dog bite can also be compensated common law negligence. These are local ordinances and general statutes covering animal conduct. A common version of this is that of having a “dog at large.” This is any dog that is not legally or sufficiently fenced in, contained otherwise or leashed.
For an example, if the dog attack took place in a park where the dog was not leashed, the victim can seek damages under common law negligence in addition to the dog bite statutes that were violated. Per the City of Phoenix, a civil dog at large charge can be given if the dog has a collar and license on it. A dog without a license and collar can make the dog’s owner liable for criminal dog at large charges. Additionally, there may be other community-based or local ordinances that may be violated in the event of a dog bite. It is well worth for the victim investigating each of those avenues in the order they can receive the proper compensation for damages and injuries.
There are two timelines for the statute of limitations when it comes to dog bites. The dog bite statutes, A.R.S. 11-1025 through 11-1027 have a statute of limitations of one year from the time of the bite. For common law negligence statutes, the statute of limitation is two years. It is highly recommended victims seek legal counsel and commence legal action within the first year to have a strong case in both areas.
Expenses and medical bills often rack up very quickly following a dog bite accident. A dog bite accident claim can provide the victim with deserved compensation including the following and more:
Usually, the insurance policy of the owner of the dog will pay for these costs. For victims it is very important to discuss your case with a jury attorney otherwise there is no way to ascertain an accurate estimate of compensation, and therefore no way to make a determination f the offered settlement from the insurance cop any is fair or not.
You must seek medical attention immediately following a dog bite. It is also important to document the accident as it will help organize your future claim. Once you have received your medical care consider the following:
The accident process claim will be much easier if you assemble this information. It will be especially helpful to your Attorney when they start to evaluate your case. and it will give you a better idea of what legal options you have.
Although most dogs are friendly sometimes you meet a dog and end up the victim of a dog bite attack. Thankfully, the professionals at Bradshaw Law Firm can help to ensure you are compensated for damages. Dog bites can have serious repercussions with victims often facing surgery, death or permanent injury. For this needless suffering, you deserve to be compensated for the damage caused to your life and an accident attorney can help you with this.
As in the case of other personal injuries, the plaintiff in negligence cases involving dog bites can pursue a claim by demonstrating the dog’s owner was careless and this was a direct cause of the injury. Arizona has a strict liability dog bite statute. Under this statutory claim, dog owners are liable regardless of whether they acted negligently or not. The statute also provides that anyone responsible at the time of the incident for the dog may also share in the liability.
There are extremely limited circumstances where the owner of a dog can escape liability. In most dog bite cases the insurance of the dog owner will cover the damages to the victim including pain and suffering, property damage, counseling costs, lost wages and past future medical expenses. Bradshaw Law Firm can help you get fair compensation for your injuries.
Maricopa County Animals laws state a dog must be vaccinated for rabies. Without this vaccination, it is impossible to license a dog in Maricopa County. Dogs who received their vaccinations in other states may still be licensed in Maricopa County providing all the following provisions are met:
A dog at large may be lawfully captured by a county enforcement agent – they may even enter a property while pursuing this. They can also give a citation to the owner of the dog. Any dog at large that is a danger and cannot be captured in a safe manner may have to be taken using extreme measures.
The laws also apply to the city pound. Stray dogs will be impounded for 72 hours. Any stray cats and dogs that are impounded will be tendered proper care. They shall be kept for at least 72 hours. If not claimed by the owner, anyone may purchase the animal as long as all the fees are paid. If the animal isn’t claimed, the pound takes possession of the animal. Injured or sick animals may be euthanized to prevent the spread of disease and suffering.
The law also addresses the quarantine of pets and animal bites. If an unlicensed cat or dog bites a person, it will be quarantined at the pound for 7 days. If the owner pays expenses, it may also be quarantined at the vet’s office. An animal that is vaccinated and licensed may be quarantined at the house of the owner. An animal that is neither a cat or a dog that bites a human will be quarantined at the pound for 14 days. And if the owner is willing to pay the expenses, it can be quarantined at the vet’s office. If the animal is a caged rodent it may be quarantined at the owners home. A wild animal that bites a human may be euthanized and sent away for purposes of diagnosis.
The amount of compensation you receive to a large extent depends on getting the correct legal help. At The Bradshaw Law Firm we will ensure you have the finest comprehensive representation. Every year we help the victims of dog bites get the legal results and compensation they deserve. If you need help with a dog bite, call our team at The Bradshaw Law Firm and we can help you with the right legal advice so you can move on with your life.
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4704 E. Southern Avenue
Mesa, Arizona 85206
The Bradshaw Firm, PLC is located in Mesa, AZ and serves clients in and around Higley, Gilbert, Queen Creek, Mesa and Chandler.
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