Who is liable if a dog bites me in Arizona?
1. Liability Standard
Arizona is a strict-liability state under A.R.S. § 11-1025. The owner is liable for damages suffered by any person bitten by the dog when the bite occurs in a public place or while the person is lawfully on private property.
2. Statutory Elements
Plaintiff must show: (a) defendant owned the dog; (b) the dog bit the plaintiff; and (c) the bite occurred in a public place or while plaintiff was lawfully on private property.
3. Common-Law "One-Bite" Doctrine
A.R.S. § 11-1020 also allows a common-law negligence claim with scienter elements. The statute of limitations differs (1 year for statutory, 2 years for negligence).
4. Trespasser Defense
The statute protects only those lawfully present. Trespassers must pursue common-law claims.
5. Provocation Defense
A.R.S. § 11-1027 makes provocation a complete defense judged by a "reasonable person" standard.
6. Comparative Fault
Arizona applies pure comparative fault (A.R.S. § 12-2505); plaintiff's fault reduces recovery proportionally.
7. Landlord Liability
Landlords are liable only with actual knowledge of the dog's vicious propensities and the ability to remove the dog (Spirlong v. Browne).
8. Homeowner's Insurance
Arizona homeowner's policies generally cover dog bites; breed exclusions are common.
9. Damages
Medical bills, lost wages, scarring, disfigurement, future surgeries, and pain and suffering. Punitive damages require evil mind.
10. Criminal Liability
Under A.R.S. § 13-1208, an owner whose vicious or dangerous dog bites someone may face misdemeanor charges; aggravated assault charges possible for severe injuries.
This is legal information, not legal advice.
- One-year statutory deadline is approaching; preserve common-law claim
- Insurer alleges provocation under reasonable-person standard
- Owner's prior knowledge supports common-law punitive damages
- A.R.S. § 11-1025
- A.R.S. § 11-1027
- A.R.S. § 13-1208
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.