How to File a Personal Injury Lawsuit for a Dog Bite
Most people love dogs, and it’s easy for them to forget that dogs can be dangerous. Unfortunately, sometimes dogs do attack people, and their bites can cause serious harm.
If you have been the victim of a dog bite, you can file a personal injury lawsuit against the dog’s owner. Legally, you can claim compensation to pay for your medical care, any work you missed, and even your pain and suffering.
We explain more about who is at fault for a dog bite and how to file a personal injury lawsuit below.
Who Is Held Responsible for Dog Bites in Arizona?
Any time a dog bites someone, their owner can be held liable. Unlike some other states, in Arizona the owner does not need to know that their dog might be dangerous. Additionally, there is no “one-bite” rule, and there is no benefit of doubt.
The only time that an owner cannot be held responsible for a dog bite is if the attack was deliberately provoked.
Provocation is defined as any action that can cause the dog fear or pain from the dog’s perspective. This can include rushing them, pulling their ears or tail, hitting or kicking the animal, or trespassing on the owner’s property.
Arizona’s Laws on Vicious or Aggressive Dogs
While Arizona is actually one of the most dog-friendly states, we still have laws in place to protect the public from reactive or aggressive animals. For example, owners of dogs that have a bite history—such as an unprovoked bite to either a person or another domesticated animal—need to follow certain rules.
- Owners of an aggressive dog must prohibit the dog from escaping outside the residence or enclosed yard.
- Off of the owner’s property, the dog must be controlled in a manner that prevents them from biting or attacking a person or domesticated animal at all times. (This can include leashing them and using a muzzle).
Will a Dog That Bites Be Euthanized?
No, not usually. Typically, a dog that bites will not be euthanized in Arizona except in certain circumstances.
The dog may be euthanized if:
- There have been multiple unprovoked attacks, due to the owner’s negligence in keeping them on their property, or under their control.
- The attack was overly vicious, even for a first-time bite.
- The dog was not vaccinated against rabies. In most cases, an unvaccinated dog will be held under quarantine. However, in some cases, the animal will be destroyed.
- The animal attacked due to illness or injury. The court may decide it is in the best interest of the animal and the public to have them destroyed.
Personal Injury Damages You Can Claim for a Dog Bite
Dog bites are both painful and traumatizing. When filing a personal injury lawsuit for a dog bite, you claim compensation for medical care costs as well as your pain and suffering. Hiring a personal injury lawyer will help you get the most out of your claim.
Economic Damages
In a dog bite case, economic damages can look like reimbursement for the medical expenses associated with the bite, lost wages if you had been out of work, and any property damage. When you seek medical care for a dog bite, be sure to keep all the paperwork the hospital gives you.
Non-Economic Damages
These types of damages include pain and suffering, emotional distress, and loss of enjoyment of life. In dog bite cases, these damages might look like you needing to rehome your dog because of fear, or being unable to enjoy hobbies that you once loved because of the bite.
Punitive Damages
In some cases, the court may award punitive damages as well. This fine is intended to be a punishment on the owner in cases of extreme recklessness, intentional harm, and other similar instances. However, punitive damages for dog bites are rarely awarded in Arizona.
If You Were Bitten By a Dog, You Need a Personal Injury Lawyer
After seeking medical attention, the next thing you should do after suffering a dog bite is to hire a personal injury lawyer. In Arizona, there is a statute of limitations on personal injury cases, so you will have up to three years to file a claim. However, the sooner you file suit, the better.
At Van Norman Law Firm, we have over 25 years of experience in personal injury law. Our firm prides itself on providing excellent legal help, and we understand the ins and outs of the Arizona court system. Our lawyers will help you gather evidence to support your claim, walk you through the legal process, and be with you every step of the way.
If you plan to file a personal injury suit for a dog bite, contact us today to schedule a consultation.
Images used under creative commons license – commercial use (7/29/24). Photo by sanjiv nayak on Unsplash.