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DOG BITE/ANIMAL CASES

The most common type of claim of this type is the dog bite case.  Under Arizona Statutes (A.R.S. § 11-1020), the dog’s owner or caretaker is strictly responsible for any damages caused by a dog that runs loose at large.  In addition, A.R.S. § 11-1025 makes the owner liable for any dog bite on a strict liability basis, with the only exceptions being police and military dogs.  That means that defenses are not normally permitted, regardless of whether the dog has ever indicated any viciousness before, or whether the owner had any knowledge that the dog could be vicious.  However, under § 11-1027, proof that the dog was provoked into the attack is a defense to a claim for damages.

Any claim under Arizona statutes for damages must be made within one year of the accident, or the claim reverts into a common law negligence claim, with a two-year statute of limitations (which allows many other potential defenses to the claim).