Frequently Asked Questions About Dog Bites in Arizona
Q: Do I need to prove the dog has bitten someone before to win my case?
A: No. Arizona’s strict liability statute (A.R.S. § 11-1025) holds dog owners liable regardless of whether the dog has any history of aggression. There is no “one free bite” rule.
Q: What if I was bitten on the dog owner’s property?
A: You are protected under A.R.S. § 11-1025 as long as you were lawfully on the property — for example, as an invited guest, mail carrier, delivery person, or service provider. Trespassers may not be covered.
Q: How long do I have to file a dog bite claim in Arizona?
A: Under strict liability (A.R.S. § 11-1025), you have one year from the date of the bite (A.R.S. § 12-541). Under a negligence theory, the deadline is two years (A.R.S. § 12-542). Act quickly — the one-year deadline can pass faster than you expect.
Q: Can the dog owner avoid liability by claiming I provoked the dog?
A: Provocation is a defense under A.R.S. § 11-1027, but the standard is high. The owner must prove that a reasonable person would expect the victim’s conduct to provoke a dog. Normal interactions like petting or walking near a dog do not qualify.
Q: Will the dog owner’s homeowner’s insurance cover my claim?
A: In most cases, yes. Homeowner’s and renter’s insurance policies typically include liability coverage for dog bites. However, some policies exclude certain breeds or have coverage limits. Your attorney can investigate the available coverage.
Q: What compensation can I receive for a child’s dog bite injury?
A: Compensation for a child victim may include medical expenses, reconstructive surgery, future surgical needs as the child grows, emotional distress, counseling, and the long-term impact of scarring and disfigurement.