Phoenix Dog Bite Claims

Phoenix dog bites

Dog bites are a serious problem nationwide and in Arizona. Every year adults and children suffer serious dog bites, to the face and extremities. Many of these cases result in plastic surgery and permanent disfigurement.

Dog bites are hazards of postal workers, delivery personnel, meter readers, joggers and bicyclists, and children. Our lawyers have represented hundreds of such victims.

Strict liability

There is strict liability in Arizona for dog bites. An owner of a dog that bites a victim is responsible for the injury and damages suffered by the victim. Under strict liability it is not necessary to prove negligence or to establish notice, i.e. that the dog had previously bitten someone. This differs from many places that have a one-bite rule for dogs.

Most homeowners insurance policies cover the owners of dogs for dog bites. Even if you were bitten by a friend's or neighbor's dog, the settlement is generally paid by their homeowners insurance company.

Provocation is a defense

Dog owners may allege provocation as a defense. This defense usually includes such acts as teasing or striking the dog. The courts have determined that the issue of provocation is from the viewpoint of the animal. It has been our experience that the allegation of provocation often is not factually valid. We have obtained very good results for dog bite victims.

Statute of limitations

Arizona has a one-year statute of limitations for strict liability. This means that a dog bite claim against the dog's owner must be settled or a lawsuit filed within one year of the dog bite. There is an exception to this statute for minors. A minor has until the age of 18 plus one year to settle the case or file a lawsuit.

If a dog bite attack occurred more than one year prior to the claim, the victim must prove negligence by the owner. An example of negligence would be that a dog had a history of being aggressive or biting (even nipping) at people. Under negligence theory, the victim has two years to settle the claim or file a lawsuit. If the victim was a minor, the settlement or lawsuit must occur by the time the minor turns 18 plus two years.

Collecting damages under Arizona dog bite laws

Victims of dog bites are entitled to compensation for medical bills (including plastic surgery), lost wages, pain and suffering (past and future), and for permanent injury such as scarring, disfigurement, and emotional stress.

Often the owner of a dog liable for a dog bite has insurance, such as a homeowner policy, that will pay the damages. Our skilled attorneys will obtain a good settlement or file a lawsuit. While most cases do settle, we are prepared to go to court to obtain just compensation for your dog bite injuries.

Under Arizona comparative negligence law, if you were careless and your carelessness contributed to your injury, the amount you can recover is reduced in proportion to your carelessness. For this reason it is important to have an experienced lawyer on your side.

Contact Alex & Gaxiola, P.C. at 602-971-1775. We have successfully handled dog bites in Phoenix, Mesa, Scottsdale, Glendale and other counties in Arizona.