Dog Bite Injuries and Claims
There are numerous grounds under Arizona law whereby a dog owner may be liable for damages inflicted by a dog. If dog bite injuries or a dog attack occur, a personal injury lawyer Phoenix AZ should be consulted.
A.R.S. §11-1025 states that the owner of a dog which bites a person when the person is in a public place or lawfully in a private place, including the property of the owner of the dog, is liable for damages for the person bitten, regardless of the former viciousness of the dog or the owner’s knowledge of its viciousness.
A.R.S. §11-1020 provides that injury to any person by a dog while at large shall be the full responsibility of the dog owner or person or persons responsible for the dog when such damages were inflicted.
There may also be other grounds for liability claims in dog bite, dog attack cases, a personal injury lawyer Phoenix AZ may be able to help. Recently I represented two dog attack victims in an interesting and challenging set of facts. My clients adopted a dog from a dog rescue organization. The same day, within a half hour of taking the dog home, the dog viciously attacked each of my clients, serious injuries were sustained. 911 was called and Animal Control took possession of the dog.
My clients learned that the same dog had previously attacked two individuals six weeks before, Animal Control took possession of the dog.
Animal Control had the dog for a couple of weeks and agreed to transfer possession of the dog to the rescue organization, who then had the dog for six weeks, before it was adopted by my clients.
A lawsuit was filed and litigated against Animal Control and the rescue organization. The claims against Animal Control were that they had the obligation under Arizona law to protect public health and safety, they were obligated to investigate what happened, do an assessment of the dog and place the dog, consistent with its legal obligations to protect public health and safety.
The dog was initially planned to be euthanized, however Animal Control gave the dog to the rescue organization without doing an assessment, knowing that it was a safety risk, a “S5” dangerous dog, and despite the fact that other rescue groups turned the dog down because of its bite history.
Further, Animal Control did not place any restrictions on the rescue group, such as prohibiting the dog being put up for adoption to the public, or to a family. Animal Control also did not follow up to see or require that the rescue organization did any behavioral modification training of the dog.
The rescue organization had minimal experience in evaluating temperament of dogs, or in training dogs. They also knew about its prior history.
There was no written assessment of the dog, and no behavioral modification training of the dog. They allowed the dog to be adopted by a couple with a minor child, and failed to disclose the bite history to the party adopting the dog.
Following discovery, depositions, the personal injury claims were settled with Animal Control and the rescue organization.
Following a dog attack a personal injury lawyer Phoenix AZ may be able to investigate liability and negligence, and help a victim obtain some justice.