Dog Bite Lawyers in Tucson, AZ

Dog Bite Stats and Data

Data collected in recent years reveal a distressing trend about dog bites nationwide, which undoubtedly affects communities like Tucson. In 2022 alone, homeowners insurers paid out a staggering $1,136 million in liability claims related to dog bites and other dog-related injuries. This marked cost doesn’t just represent a financial burden, but more importantly, it underscores the profound physical and emotional trauma endured by the victims.

These staggering payouts are not without reason. The average cost per claim nationally has seen a sharp rise of 131.7% from 2013 to 2022. This increase is due, in part, to elevated medical costs and the size of settlements, judgments, and jury awards given to plaintiffs, indicating a growing recognition of the severity of dog bite cases.

In the United States, nearly 1,000 people find themselves in hospital emergency departments for nonfatal dog bite-related injuries daily. The severity of these injuries can vary dramatically. In 2018, it was reported that nearly 27,000 people had to undergo reconstructive surgery as a result of dog bites, highlighting the potential severity of these incidents.

Indeed, approximately 4.5 million dog bites occur annually across the country. Alarmingly, nearly 1 out of every 5 bites becomes infected, contributing to the long-term consequences suffered by victims. It is also worth noting that there was an 86% increase in dog bite-related hospitalization stays between 1993 and 2008 in the United States.

As a community, Tucson, like the rest of the nation, must grapple with these disconcerting statistics. Efforts towards responsible pet ownership, education on safe interaction with dogs, and knowing one’s rights as a victim are vital steps in dealing with this prevalent issue.

Types of injuries from dog attacks

Our Tucson dog bite lawyer team has seen all types of dog bite or dog-related injuries, including the following:

• Avulsions and tissue loss
• Lacerations
• Abrasions
• Fractures
• Puncture wounds
• Severe infections
• Sprains and strains
• Crushing injuries
• Post-traumatic stress disorder
• Anxiety and other emotional harms

Some dog attacks may leave the victims facing lifelong disabilities and disfigurement that permanently reduce their abilities to enjoy life. Because of the potential harm, Arizona provides strict liability for dog owners when their dogs attack others in certain cases. 

Arizona Dog Bit Laws

The Arizona dog bite statute and strict liability

Under A.R.S. § 11-1025, dog owners will be liable to pay damages when their dogs bite other people who are in a public place or who are on the private property lawfully. The law is a strict liability statute, meaning that the victims do not need to prove that the owners had previous knowledge that their dogs had a propensity to bite others. This is different than some states that follow what is known as a one-bite rule. In those states, dog bite victims must also prove an additional element of the dog owner’s knowledge of the dog’s propensity to bite from a prior incident. Since Arizona is a strict liability state, the knowledge element is not required. If you want to better understand Arizona’s statutory law, call the Tucson dog bite attorney team at Lamber Goodnow Injury Lawyers.

Provocation: When liability might not exist

Dog owners may raise a defense to their strict liability for dog bites under A.R.S. § 11-1027. Under this statute, the dog’s owner may not be held liable for a dog attack if he or she is able to show that the victim provoked the dog. Provocation is determined under the reasonable person standard, which is whether or not a reasonable person would consider the victim’s actions to be provoking to a dog.[4]

Common law negligence claims for dog bites

It is also possible to pursue claims against dog owners or possessors under negligence laws. Victims may choose to pursue negligence claims against the possessors of dogs since the strict liability statute only provides for liability against the dogs’ owners. For example, if a dog walker fails to keep a dog on a leash in a public park, and the dog subsequently bites someone, the victim might sue the dog walker under a theory of negligence. The courts have ruled that victims can pursue claims under the dog bite statute as well as under negligence theories simultaneously.[5] People might choose to file negligence claims and strict liability claims so that they can potentially recover more types of damages. They may also choose to file negligence claims alone if they have missed the shorter statute of limitations under the strict liability law.

Statute of limitations

In Arizona, the courts have found that the statute of limitations for a dog bite claim under the strict liability statute falls under A.R.S. § 12-541. This limitations period, which is the legal deadline within which to bring a strict liability claim, is only one year from the date of the incident. Negligence claims involving personal injuries have longer statutes of limitations under A.R.S. § 12-542. It is important for victims to seek help from the Tucson dog bite attorneys at Lamber Goodnow Injury Lawyers as soon as possible so that they can submit your claim before the legal deadline runs, and they can lawfully preserve your claim and your rights to recover damages.

Damages in dog bite cases

The amount of damages that might be recoverable will depend on the specific circumstances and facts of an individual case. In general, victims may recover the following types of damages:

• Past and future expected medical costs
• Rehabilitation costs
• Past and future expected income losses
• Physical pain and suffering
• Emotional distress
• Funeral and burial expenses in wrongful death claims
• Loss of consortium for spouses

Homeowners’ insurance policies and renters’ insurance policies normally provide coverage for dog bites. If you are bitten by a dog, your attorney may negotiate on your behalf with the responsible insurance company in order to try to secure a settlement that fairly compensates you. Your attorney may assess your claim and offer you a range of values of what it should be worth so that you have an idea of what you might expect in a fair settlement.

Understanding Liability and Insurance in Arizona Dog Bite Cases

In the unfortunate event of a dog bite incident in Arizona, understanding liability and insurance aspects can make a significant difference.

Arizona law is particularly strict when it comes to dog bites. The state adheres to a “strict liability” dog bite law. According to Arizona Revised Statutes Section 11-1025, an owner is liable for dog bite injuries, regardless of whether the dog had been vicious before or whether the owner had knowledge of the dog’s viciousness. This liability applies if the injured person is in a public place or lawfully in a private place, including the dog owner’s property.

Moreover, Arizona does not offer the so-called “one bite rule”, which in some states can exempt dog owners from liability the first time their dog bites someone, on the assumption that the owner had no reason to believe the dog was dangerous. This isn’t the case in Arizona – a dog owner can be held liable even if it’s the first time their dog has bitten someone.

Concerning insurance, homeowners’ or renters’ insurance policies typically cover dog bite liability legal expenses, up to the liability limits (typically $100,000 to $300,000). If the claim exceeds the limit, the dog owner is responsible for all damages above that amount.

It’s worth noting that some insurance companies will not insure homeowners who own certain breeds of dogs categorized as dangerous. Moreover, any dog, regardless of its breed, can be labeled as high risk if it has a history of aggression. Hence, understanding your insurance policy and your responsibilities as a dog owner are both crucial in the context of dog bite incidents.

Schedule a consultation with the Tucson dog bite lawyer team of Lamber Goodnow Injury Lawyers

Dog attacks can cause devastating injuries or fatalities. If you or your loved one has been injured by a dog, you may have legal rights. It is important for you to act quickly so that you can preserve your rights. When you obtain legal help, you often are in a better position to recover more money — meaning a more fair recovery of your damages than you might otherwise be able to recover on your own. Contact the Tucson dog bite lawyer team at Lamber Goodnow Injury Lawyers today to schedule your free consultation.

Sources

[1] http://www.azdhs.gov/documents/preparedness/public-health-statistics/publications/a-research-brief-on-dog-bites-in-arizona.pdf

[2] https://www.cdc.gov/features/dog-bite-prevention/index.html

[3] https://www.azleg.gov/ars/11/01025.htm

[4] https://www.azleg.gov/ars/11/01027.htm

[5] Schleier ex rel. Alter v. Alter, 767 P.2d 1187 (Ariz. Ct. App. 1989); https://www.courtlistener.com/opinion/1247728/schleier-for-alter-v-alter/

[6] https://www.azleg.gov/ars/12/00541.htm

[7] https://www.azleg.gov/ars/12/00542.htm