Arizona Dog And Animal Bite Lawyer
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Dog bites and attacks from other animals are a growing occurance in the United States. Despite warnings given by animal activists and training and obedience schools available, there are many people who fail to take proper control over their pets. Dogs and other animals are unpredictable and often act out without warning. In Arizona, the owner of an animal who harms another person is held accountable for the animal's actions. Victims of such attacks have rights and may be entitled to damages and compensation, which can be accomplished with the help of a specialized dog and animal bite attorney.
The laws in Arizona concentrate on dog bites; however, the still apply to all domesticated animals. It is considered a strict liability state: the owner is liable for the bite whether on public or private property, despite the dog's previous disposition or tendencies. For this statute, the victims need only to prove which dog was the attacker, and connect that dog to the owner. An Arizona attorney knowledgeable in dog bite law can build a strong case for the owner to receive maximum damages and punish the owner through fines and penalties.
As with any dog bite case, even in Arizona , there is a measure of contributory negligence that can negate a victim's claim for damages. In Arizona , trespassing is the only contributory negligence that an attorney can argue. If the victim was on the owner's property without permission, then that victim is liable for the injury. The owner must prove trespassing in this case.
The strict liability statute is helpful for the victim, but it has a statute of limitations of one year from the date of injury. An owner's attorney can use this to fight any bite claims brought well after the original incident. The victim does have another option, which is the common law statute. Although Arizona is a strict liability state, the common law statute of negligence still exists. It is often forgone as the victim's attorney can unusually prove a case more easily using strict liability. The common law statute has a two year statute of limitations, so it is often used in cases brought after the time for strict liability runs out. The common law statute requires that the victim prove that the owner had prior knowledge of the dog's dangerous potential. This is much harder to prove, and lawyers/attorneys usually avoid it.
To succeed in an animal attack case it is necessary to prove that the animal that caused the injury was owned and kept by the defendant. In the past, it had to be proven that the owner was aware of the dangerous potential of their animal due to a violent history and past attacks. Under current law, if it can be proven that the owner was somehow negligent, by not properly restraining the animal or abiding by leash laws, they can be held liable for damage caused by their animal.
For keepers of exotic animals, or animals that are generally considered wild, the liability is theirs regardless of whether the animal had a prior history or not. Wild animals are generally believed to have a natural tendency to their primitive mannerisms no matter how well trained or domesticated, because of this, owners of these animals are held strictly liable. Arizona laws are geared toward helping the victims of dog bites; however, there are some built in protections for dog owners. As always, consult an attorney who is familiar with local Arizona laws and can protect your rights in court.
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