According to the CDC there are nearly 4.5 million dog bites in the United States every year. In 2020 homeowners insurance paid out roughly $854 million in dog bite injury claims. Dog bites happen quickly and sometimes the only person to witness the event was the person bitten and maybe the dog’s owner. That’s one of the reasons dog bite claims can be difficult to win.

To file a dog bite claim, you must prove you:

•    Were bitten and injured
•    Were not trespassing
•     Did not provoke the dog

What types of injuries tend to justify dog bite lawsuits? Scarring is a major factor in having a viable dog bite case. It’s not always obvious how severe scarring will be until a wound has healed, which is one of the reasons dog bite cases can take a long time to conclude.

An owner is held responsible for their dog on private and public property. However, if you were knowingly trespassing when the dog bite occurred, you are less likely to receive compensation.

If a dog attacks and bites unprovoked, your case will probably have a better chance of success. On the other hand, if the dog was provoked, the owner might not be held liable.

Provoking a dog means irritating or annoying the dog on purpose. For example, if a child is chasing a dog that wants to be left alone and barks and growls warning the child, the dog has been provoked.

Many cases end up hinging on whether or not the dog was provoked. It can be one of the more effective defenses against dog bite claims.

Who is Liable for a Dog Bite?

The owner of the dog is usually liable for an injury their pet causes. However, liability laws vary from state to state.

The two ways states generally approach dog bite liability are:

•   Strict liability - the owner is held liable for injuries if the dog attacks or bites an individual
•   One bite rule - the owner is not held liable unless there has been a history of aggressive behavior

The “one bite” rule gets its name from the idea that dog owners can get a pass on the first bite. They can defend themselves by arguing they had no idea the dog was aggressive and posed a danger to others.

The state of Arizona imposes strict liability on dog owners. According to A.R.S. 11-1025 11-1027, the owner is liable for dog attacks or injuries regardless of whether they knew the dog posed a threat.

Negligence is not required in dog bite cases with strict liability. Even if a dog owner is not present for the attack or aware that their dog injured someone, they are still liable. It’s only necessary for the dog bite victim to prove that the dog caused their injuries. One of the few scenarios in which the owner wouldn’t be liable is if the animal was provoked.

How to Receive Compensation for a Dog Bite

In most cases, compensation for a dog bite lawsuit does not come out of the dog owner’s pocket. It is usually dealt with on behalf of the dog owner by their renter’s insurance or home insurance company.

Compensation, or damages, are based on:

●       Medical expenses

●       Recovery expenses

●       Loss of wages

●       Pain and suffering

File a Police Report

When a dog bite happens, you should first and foremost seek medical attention, but filing a police report is also an important step. A police report is not only helpful evidence in your case, but it could also help protect your neighbors and other people who may be at risk for bites. Your attack may not be the dog’s first offense. It should not go unnoticed.

Multi-Family Property Liability for Dog Bites

Some apartment complexes do not allow certain dog breeds because of fear over dog bite lawsuits. If a dog is known to be aggressive and they begin to get complaints from other residents of the complex about the dog, then someone gets bitten, the complex could be held liable for not taking corrective actions or warning tenants.

Have You or a Family Member Been Injured by Someone Else’s Pet?

If you or a family member have been hurt by another person’s pet in Phoenix, be sure to get the owner’s information, take photographic evidence, inform a local animal control agency and collect witness contact information.

Taking all these steps immediately following a dog bite incident may help with your claim and can improve your chances for receiving fair compensation. If you are a dog bite victim and you need a dog bite attorney to help you recover, Phoenix Elite Lawyers can help you find one. We’ve sought out reliable personal injury attorneys in Phoenix for inclusion on our website.

Don’t let dog bite injury expenses affect your well-being. Fill out a form for more information and get your case moving.