Dog ownership is on the rise in Arizona and across the country. These days, most families have at least one pet. Many households will even have more than one pet. While dogs can be excellent for their owners, it is not always the case for everyone else who comes into contact with them.
While family pets have a history of biting family members from time to time, most dog bites will happen to people outside the household. When this happens, dog owners can be legally responsible for the injuries that these animals cause.
Dog bite cases might seem straightforward, but they are often complicated. To make sure you receive full compensation for your injuries, always seek help from a Tucson dog bite attorney. Zanes Law Injury Lawyers is ready to help.
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Arizona Law & Tucson Dog Bite Cases
If you are unfortunate enough to have a dog bite you, it’s important you speak with a Zanes Law dog bite lawyer. We know the law and can hold the owner responsible so that you receive adequate compensation for your injuries. This is where the experienced Tucson dog bite attorneys at Zanes Law can help.
Dog bite laws vary by state. In Arizona, the statute of limitations gives victims one year to file a claim following an injury. This is called a “strict liability claim.” The claimant has to prove that a dangerous injury occurred and identify who was responsible. Arizona recognizes that if a victim sues within a year of the injury, the dog’s owner is strictly liable. If the injured party does not file a lawsuit within a year, he or she can no longer file a strict liability claim. However, the victim can still file a negligence claim and has up to two years to do so. But it will be much more challenging to prove negligence. One of the best ways you can increase your odds of compensation is to file a claim as soon as the injury occurs. Get medical records of any treatment you receive, take photographs of the scene of the accident, and give a written record to the police of where and when the situation took place.
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After a dog bite, find the dog owner!
There are many factors that decrease the odds of a victim winning a dog bite injury case. Therefore, it is imperative you hire the Zanes Law Tucson dog bite attorneys. In order to bring your claim, we will need to know the dog owner’s location and personal information. If the dog attacked you when no one was around, it will be difficult to ascertain who owns the dog. This makes it impossible to find an insurance policy to cover your injuries.
If you’re fortunate enough to know who the dog owner is, it’s crucial that you don’t threaten him or her. Inquire calmly about the owner’s insurance so that you can professionally and legally file the claim. If the defendant does not have homeowners insurance or if the policy doesn’t cover hazardous animal attacks, you might be able to sue the homeowner if you can prove that he or she owns the dog and that the dog was responsible.
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Millions of People Suffer Dog Bite Injuries Each Year
Nationwide, over 48 million households have a dog, and pet-friendly businesses and buildings are making it much easier to own one
The Centers for Disease Control and Prevention (CDC) estimates that there are an average of approximately 4.5 million dog bites in the United States each year. Over 70 percent of dog bites happen to non-family members. Almost a million people each year require some sort of medical attention for a dog bite, including over 300,000 emergency room visits every year. Most of the people who needed emergency care were children between the ages of five and nine.
Medical bills alone for critical dog bite care could top $30,000. They could rise even more if the victim needs one or more surgeries to correct the damage. Dog bites can even be fatal. Worldwide, dogs are actually the fourth most dangerous creature in existence. In the United States, 30 to 50 people die due to dog bite injuries in a given year. For survivors, some injuries can cause long-lasting effects on their lives.
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Common Injuries From Dog Bites
Injuries from dog bites can range from mild to severe. They include:
- Puncture wounds
- Lacerations
- Nerve damage
- Infections
- Fractures
- The need for rabies shots
These injuries can all take a physical and mental toll on the dog bite victim. Not only are they dealing with doctors, but they must remember the trauma of being helpless as a dangerous animal attacked them. Post-traumatic stress disorder (PTSD) is common following dog bites.
The Breeds of Dogs Most Likely to Bite
Dog bite attacks could occur with many breeds. Most people think of pit bulls as being the most dangerous breed of dog, and roughly two-thirds of dog bite attacks involve pit bulls.
However, other breeds can be dangerous, including:
- Rottweilers
- German shepherds
- Dobermans
- Bulldogs
- Bullmastiffs
Why Dogs Attack Small Children Most Often
While anyone can suffer a dog attack and injuries, small children are most likely to suffer serious injuries. Dogs often view themselves in competition with small children for territory. At the same time, children do not always know how to approach dogs and how to read the cues from a growling dog. Despite this, the dog owner would usually still be responsible when their dog bites a small child.
Small children are on a different physical level with dogs than adults. Where dogs may bite adults on their arms and legs, they will bite the head and neck of small children. This is when children can suffer severe life-altering and disfiguring injuries.
There Is No One Free Bite in Arizona
Many people with a basic understanding of the law associate dog attacks with the one free bite rule. This says that dog bite owners are only liable when they know that their dog is dangerous. That is NOT the law in Arizona. Instead, Arizona is a strict liability state. If the dog bites you, the owner must pay for your losses unless a very limited number of affirmative defenses apply.
It does not matter whether the owner knew that the dog was capable of biting you or not. When they assume ownership of a pet, they assume legal responsibility for what that pet does and any injuries that they cause.
Strict Liability Applies to Bites Only
Arizona strict liability applies only to dog bites, as opposed to other damage the dog might cause. For example, if a dog jumps on top of someone and they sustain injuries falling to the ground, the law of negligence applies. The same thing applies if someone suffers injuries trying to escape a menacing dog. The owner could still be legally responsible, but a different test applies. Here, you would need to show that the owner acted unreasonably in failing to prevent their dog from attacking you. It is only when the dog bites that there are few questions asked before finding the owner responsible.
When Tucson Dog Bite Victims Can Recover Compensation
The other legal requirement for strict liability under Arizona law is that the dog bite victim was in a public place or a permissible private place at the time of the attack.
This could include:
- The owner’s dog attacking an invited guest to the home
- A delivery person gets attacked when they are attempting to place a package on the doorstep (if you suffered injuries while on the job, you may have a possible lawsuit against the owner as well as a workers’ compensation claim. Zanes Law Injury Lawyers can help in both areas, and we could help you figure out your appropriate legal options).
Dog owners would not necessarily need to pay when their dog bites a trespasser or intruder. However, most dog bites happen when the victim has a legal right to be where they are or when they are out and about in public.
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