Have you or a loved one been bitten by a Dog? It would be pertinent to hire a Phoenix Arizona canine bite lawyer who also has decades of experience as a litigator. A Lawyer’s Lawyer if you will. Many attorneys lack the skill and knowledge to litigate a legal case because they don’t regularly litigate their cases. At Tucker & Miller we will vehemently pursue all legal resources to do whatever it requires to ensure that you are compensated for your or your children’s damages. The injuries from dog bites can be severe, and also can trigger long-term mental anguish and disfigurement, and as bad as it sounds “especially in the face region.
Arizona law is tough on pet owners that allow their pets to damage other individuals. The Tucker & Miller Law Firm understands the ins and outs of the laws that are enacted to help you the dog bite victim.
We offer a free, no commitment legal consultation to review your injury, and to enable you to discover what our Litigation firm can do for you.
Dog Bite Legislation in Arizona
Under section 11-1025 of the Arizona Modified Laws, the owner of a canine that attacks another person is strictly accountable for damages endured by the victim who has been attacked, so long as the individual that is wounded is in a public place or in a private setting where they were lawfully invited to be in attendance at said private property, such as a home. The law provides, nevertheless, that if the wounded person prompted the attack, it is a defensible option for the insurance company for damages against the animal owner. Justification is a grey area of the law; rather, A.R.S. 11-1027 states that the issue of justification hinges on whether a “reasonable owner” would undoubtedly anticipate that the actions of the harmed person would provoke a dog.
Although when we say a “strict liability” law, what we suggest is not that there might not be some defense (e.g., provocation) to a claim for damages. Our opinion is that as long as your incident conforms to the statutory conditions, you do not need to demonstrate that the owner of the dog was negligent, or was involved in any specific conduct (or refrained from taking any steps), in order to substantiate your case. In fact, A.R.S. 11-1025 especially states that there is obligation whether the owner understood any kind of past behavior that would show their animal had ferocious propensities. Arizona pet owners are not granted (1) one “complimentary bite” before they become strictly liable for the injuries suffered by those that are attacked by their dog, as long as the instance fits into the requirements of the statute in Arizona. This differs from many other states.
A several scenarios of where the dog attack injury does not fit neatly into the strict Liability Language. This does not infer you have no legal rights as the victim. Picture this- a loved one is attacked by a neighbor’s canine on their property. Let’s also presume that you were not invited to the home, which, as a legal issue, you were an intruder. You don’t meet the demands of strict liability. However, under common law in the state of Arizona you can still file an insurance claim and file a claim against the dog owner.
Typically, this requires that you prove the dog had a tendency for aggressive behavior and/or that the dog owner understood their dog was in fact aggressive or a “bitter”. But the ambiguity of the Arizona strict liability law does not mean that you do not have a viable case!
Arizona Statutes of Liability Arizona Dog Bite Cases
A statute of limitations, in civil cases, sets an outside limit on the amount of time one can initiate a lawsuit on the subject of a particular claim. All victim injury cases should be filed within two years from the date of the alleged incident, as in the state of Arizona time is of the essence. Remember common law may also afford you the right to file a personal injury claim but the time to file is still within 2 years.
Remember personal Injury claims made under the strict liability law (A.R.S. 11-1025) are distinct. You must realize that in Arizona these laws are developed by statute, the legislature has actually defined that the law of limitations should be different, therefore shorter, than for common law actions. And A.R.S. 12-541 expressly supplies that where the liability is produced by statute, an action must be started (that is, a claim must be filed) within one year from the day of the accrual of the cause of activity. Generally, a source of action accrues on the date you endured your injury.
How Does Insurance Coverage Enter Into Play in a Dog Bite Situation?
So does homeowner’s insurance coverage cover the dog bite scenario. Numerous people are bitten by dogs every year, and many insurance claims are filed on behalf of individuals who are wounded. Obligation for canine bite injuries is frequently covered under household insurance policy or renter’s insurance coverage. Amazingly insurance statistics show that nearly one third of all homeowner policies are involved in a canine bite liability case.
Dog Bite Injuries
Just under five million individuals in America are bitten by dogs annually. Around 800,000 of them seek emergency medical attention which is expensive, typically children are involved in over 50% of those who requiring emergency medical services as well as medical physician follow up care for these types of attacks. Statistically children between 5 & 9 years old are more probable to be attacked than any other age.
Dog attacks can be devastating, and injuries can be very gruesome to life threatening. This is especially prevalent in the case of children; these injuries can leave behind substantial mental anguish on your life regardless of what age you may be.
When your children are the targets, their size contributes to the fact that they experience facial injuries in these attacks. Lacerations resulting from dog bites usually require cosmetic surgery, consisting of skin grafts, reconstructive surgery, microsurgery, dermabrasion, and others.
And these wounds usually call for several treatments in order to try to correct the damages done due to the mechanism of injury.
A hospital stay is may be required after being attacked by a canine, due to the existence of open lacerations, the onset of skin infections, and other reasons. In some scenarios, canine attacks have been known to cause bone fractures and even internal injuries. These injuries can be extremely extensive, requiring prolonged medical treatment.
Phoenix Dog Bite Attorney Who will Litigate on your behalf
If you or a loved one were the victim of a dog bite the Tucker & Miller Law Firm are ready to help and will aggressively represent your rights under Arizona law. We know the law, we know the courts, and we are dedicated to providing each of our clients with excellent representation to obtain the best results possible.
Dog bites can result in serious injuries, many of which may require months, and even years, of continuing medical procedures and care. Why not contact us today for a free consultation about your case?