Every year, more than 25,000 people must have reconstructive surgery after being attacked and bitten by a dog. Every 75 seconds, someone is bitten, sending 1,000 people a day to the emergency room. Many of these bite victims are children.
The Statute of Limitations
Anyone who has been bitten by someone else’s dog needs to realize that in Arizona, there is a two-year limit for filing a lawsuit. Any lawsuit filed more than two years from the date of the dog bite will almost certainly not be heard by the court, states an Accident lawyer in Tucson.
Is the Dog’s Owner Liable?
In order to be able to receive compensation from the owner of the dog, the bite victim must prove that:
* The dog bite caused the injury;
* The bite happened when the victim was in a public location or was lawfully in a private location.
Arizona Holds Dog Owners Liable
Arizona is one of the states that has a “strict liability” dog bite law. This law holds dog owner responsible if their dog bites someone, unless the person who was bitten was trespassing or provoked the dog. In Arizona, a dog does not get one “free bite.” The owner is liable even if the dog has never bitten anyone before. It’s not necessary for a dog to have a history of aggressive behavior.
The only real defenses that a dog owner could raise are to claim that the dog was being provoked, perhaps by being poked with a stick, or to claim that the bite victim was trespassing. Who is a trespasser? A door-to-door salesman would not normally be considered to be trespassing unless “No Soliciting” or similar signs were posted. If the dog’s owner knew that the dog was dangerous, this could mean that the owner would be held liable even to a trespasser. Anyone who allows a large, aggressive dog to roam free on their property is permitting a dangerous situation to exist and should not be surprised to find themselves in court some day.
Price and Price Law is dedicated to being effective legal advocates for dog bites and other accident victims. Anyone needing an Accident lawyer in Tucson should consider that this firm has been recognized by Martindale-Hubbell for their very high legal ability and ethical standards. For a free consultation, contact PriceAndPriceLaw.com.