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Arizona dog bite law: who pays, and how long you have

Saks Law ·

Arizona's dog bite statute makes the owner liable even when the dog never bit anyone before. The catch is a deadline that's half the usual length.

A dog barking behind a chain-link fence

The owner is liable, even for a first bite

Many states give a dog one free bite. Arizona doesn't. Under A.R.S. § 11-1025, the owner is liable for a bite that happens in a public place or anywhere the person bitten was lawfully present, including the owner's own yard or home.

So it doesn't matter whether the dog had a history or whether the owner knew it could bite. The questions are where it happened and if you had a right to be there.

The one defense the statute allows

Under A.R.S. § 11-1027, the owner can avoid liability by proving the person bitten provoked the dog. The owner carries that burden, and courts look at whether a reasonable person would expect the act to provoke a dog.

Petting a dog in an ordinary way rarely counts. Hitting or teasing it is the kind of conduct the defense is meant for.

A one-year deadline

This is the rule that catches people. A claim under the dog bite statute must be filed within one year under A.R.S. § 12-541, half the two years most injury claims get.

A negligence claim for the same bite has the usual two years under A.R.S. § 12-542, but it's harder to prove, because it turns on what the owner knew or should have done. When a child was bitten, the deadline usually doesn't start running until the child turns 18, under A.R.S. § 12-502.

Who actually pays

Most dog bite claims are paid by the owner's homeowners or renters insurance, and that coverage usually applies even when the bite happens away from home. When the owner is a friend or relative, the claim goes to their insurer, which keeps the money out of the friendship.

When the owner has no insurance, a recovery is harder but not always out of reach. One of Sam Saks's clients was attacked by a dog whose owners had no insurance, and Sam still got him compensation for his injuries.

What to do after a bite

Get the wound treated first, since bites infect easily. Then report the bite to animal control, which records the dog and its owner and will ask about the dog's rabies vaccination.

Photograph the wound over several weeks as it heals, and keep every bill. Facial scars and nerve damage can need treatment years later, and that future care belongs in the claim. If you're close to the one-year mark, call for a free case review soon, because the deadline doesn't move.

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