Arizona's dog bite laws are relatively straightforward and primarily governed by strict liability under Arizona Revised Statutes Section 11-1025. Here's a summary of the key points:
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Strict Liability: Arizona operates under a strict liability rule for dog bites. This means that the dog owner is liable for any injuries caused by their dog biting someone, regardless of whether the owner knew that the dog had the propensity to bite or not. This applies as long as the victim was in a public place or lawfully in a private place when the bite occurred.
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Time Limit for Filing Claims: Victims of dog bites in Arizona generally have one year from the date of the bite to file a lawsuit for injuries sustained. This is a shorter statute of limitations compared to other personal injury claims in Arizona, which typically have a two-year deadline.
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Exceptions and Defenses: The main defense against a dog bite claim in Arizona is provocation. If the owner can prove that the injury or damage was sustained while the person provoked the dog, the owner may not be held liable. Trespassing on private property without lawful excuse can also be a defense.
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Comparative Negligence: In some cases, Arizona's comparative negligence rules may apply. If the victim's actions contributed to the incident (such as ignoring clear warnings or engaging with the dog in an aggressive manner), the amount of compensation they are entitled to may be reduced proportionately.
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Leash Laws and Local Regulations: Local jurisdictions in Arizona may have additional rules such as leash laws, which can affect the outcome of dog bite cases.
These laws are designed to protect both the public and the rights of pet owners, ensuring that victims of unprovoked dog attacks can seek compensation for their injuries while providing defenses for owners in cases of provocation or trespassing.
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