Dog Bites & Animal Attacks

Most animal bites come from pets, and dog bites most often happen to children1. A bite can cause infection, scarring and fear that lasts long after the wound closes. Arizona has a dog bite statute that can make an owner responsible without proof that the dog was dangerous before, but it has limits, including a provocation defense and possibly a shorter filing deadline. Other states use different rules. A dog bite lawyer looks at where the attack happened, why you were there, who controlled the animal and which law applies.

How dog bites and animal attacks happen

Dog bites are common. In 2018, dog bites ranked as the 13th leading cause of nonfatal emergency department visits in the United States3. Among people under 20, an estimated 118,800 were treated in emergency departments for dog bites in 2017, and children ages 5 to 9 had the highest rate2. MedlinePlus notes that most animal bites come from pets1.

Not every animal injury is a bite. People are hurt in many ways:

• A dog that gets out of a yard or off a leash and attacks a walker, runner or child
• A dog knocks someone down, causing a fall, a broken bone or a head injury
• A bite during a visit to a friend's or relative's home
• A bite while working, such as delivering mail or packages or doing repairs
• An attack at a park, trail, apartment complex or business
• A bite while trying to separate two fighting dogs
• An injury from another animal, such as a cat, horse or livestock

The type of animal and how the injury happened can change which law applies, as explained below.

Injuries after a dog bite or animal attack

An animal bite can break, puncture or tear the skin, and bites that break the skin carry a risk of infection1. Children are much more likely than adults to be bitten on the face, head or neck1. MedlinePlus lists these possible effects1:

• Pain, bleeding, numbness and tingling
• Puncture wounds and deep cuts
• Crushing injuries with tissue tears
• Bruising
• Tendon or joint injuries that limit motion
• Infections that spread quickly
• Significant scarring from deep wounds
• Surgery to clean and close some wounds

Some infections are rare but serious. CDC explains that bacteria called Capnocytophaga, common in the mouths of dogs and cats, can cause sepsis, kidney failure and gangrene, and some people need fingers, toes or limbs amputated4. People with weakened immune systems or without a spleen face higher risk4. Rabies is rare in U.S. dogs, but it is deadly once symptoms start, so any possible exposure needs prompt medical attention5.

The harm is not only physical. In a small study of children bitten by dogs, 12 of 22 had symptoms of post-traumatic stress disorder two to nine months later6. Nightmares, fear of dogs and avoiding places where the attack happened can affect school, work and daily life. A knockdown can also cause fractures or a traumatic brain injury.

Getting medical care after a bite

General guidance from public health agencies is to act quickly. CDC advises washing a dog or cat bite right away with soap and water and calling a doctor or going to urgent care, even if you do not feel sick4. MedlinePlus advises getting medical attention as soon as possible for any bite that breaks the skin, and calling 911 for serious bleeding1. If rabies exposure is possible, CDC says to seek medical care urgently. That care, called post-exposure prophylaxis, includes wound care, an immune globulin shot and a series of rabies vaccines5. Your doctor decides what treatment you need.

Strict liability or negligence: how a dog bite claim works

States handle animal injuries in different ways, and no single rule applies nationwide. Two broad approaches matter most:

• Strict liability. Some states, including Arizona, have statutes that can make an owner responsible for a dog bite without proof that the owner knew the dog was dangerous7. The injured person must still meet the statute's conditions, and defenses still apply.
• Negligence. A negligence claim asks whether someone failed to use reasonable care, such as by ignoring a leash law, leaving a gate open or keeping a dog they knew had attacked before, and whether that failure caused the injury.
• Knowledge-based rules. Some states use a rule based on what the owner knew or should have known about an animal's dangerous tendencies. This is sometimes called a "one-bite" rule, but the name is misleading. In a 2004 decision, New York's highest court said such knowledge can be shown by growling, snapping or baring teeth, not only an earlier bite, and that the rule does not automatically excuse an owner for a dog's first bite10.

Because state law varies and can change over time, the law of the place where the attack happened matters. Several facts often shape any claim:

• Prior behavior and notice. Earlier bites, complaints or threatening behavior, and whether the owner knew about them
• Restraint. Whether the animal was leashed, fenced or confined as required
• Provocation. Whether the injured person's conduct would be expected to provoke the animal
• Lawful presence. Whether the injured person was in a public place or lawfully on private property
• Comparative fault. Whether the injured person's own conduct played a part

Arizona dog bite law and insurance

Arizona statutes at a glance

Strict liability for bites

Under A.R.S. § 11-1025, a dog owner is liable for damages when the dog bites a person who is in a public place or lawfully on private property, including the owner's property, regardless of the dog's past viciousness or the owner's knowledge7.

Provocation defense

Proof that the injured person provoked the attack is a defense. The test is whether a reasonable person would expect the conduct or circumstances to be likely to provoke a dog8.

Dogs at large

A.R.S. § 11-1020 makes the owner or person responsible for a dog fully responsible for injury or damage caused while the dog is at large9.

Breed

A dog's breed may not be considered in deciding whether a dog is aggressive or vicious or whether liability exists7.

Owner information

The owner or person caring for a dog that bites must give the owner's contact information to the person bitten7.

Reporting and quarantine

Any animal bite must be reported to the county enforcement agent immediately. An unvaccinated dog or cat that bites must be quarantined for at least ten days12.

The statute has limits. Section 11-1025 speaks to dog bites, so injuries from a knockdown without a bite, or from other animals, may depend on other laws or on negligence. It also has an exception for some bites by dogs that government agencies use in police or military work7. Arizona's comparative fault statute may also reduce damages by the injured person's share of fault, if any11.

Insurance after an animal attack

A homeowner's or renter's policy, or a business liability policy, may apply to some animal attacks. Whether a particular policy covers a particular claim depends on its terms. Texas insurance regulators, for example, caution that some policies exclude certain breeds14. In Arizona, an insurer may not use a dog's breed as the sole factor in underwriting a homeowner's or renter's policy13. Some owners have no coverage at all, and a claim review looks at what coverage may exist.

We look at the law where the attack happened before we tell anyone what a claim may involve.

Who may be responsible for an animal attack

Depending on the facts and the law, responsibility may involve one or more of these parties. None is presumed responsible.

• The animal's owner
• A keeper or caretaker, such as a dog sitter, walker, boarder or family member
• A landlord or property manager who knew of a dangerous animal on the property
• A business that allowed an animal on its premises
• A homeowners association that controls common areas

Some of these claims overlap with premises liability when a property owner's choices are part of the story.

Evidence for a dog bite lawsuit

Evidence can fade fast. Wounds heal, witnesses forget and the animal may be moved. These records can help:

Records that support a claim

At the scene

• Photographs of wounds on the day of the attack and as they heal
• Photos of the location, fence, gate or leash
• The owner's name and contact information
• Names and contact details of witnesses
• Doorbell, phone or security video

Official records

• Animal control bite report and quarantine records
• Police reports, if officers responded
• Prior complaints or reports about the same animal
• Rabies vaccination records for the animal

Medical and financial records

• Emergency, urgent care and surgery records
• Records of antibiotics, rabies shots or follow-up care
• Counseling or therapy records
• Bills, insurance statements and missed work records

When to call a dog bite lawyer

Animal attack claims are one part of our Arizona personal injury work. You may want to talk to a dog bite attorney when:

• The bite needed stitches, surgery or rabies shots
• Your child was bitten on the face, head or neck
• There is scarring, nerve damage or loss of motion
• A knockdown caused a fracture or head injury
• The owner or an insurer has contacted you
• The animal had bitten or threatened people before
• The attack happened at a rental property, business or public place

Filing deadlines for dog bite claims

Time limits in Arizona dog bite cases can be shorter than in other injury cases. Because § 11-1025 creates the owner's liability, a claim under that statute may be subject to the one-year limit for actions on "a liability created by statute"15. A separate negligence claim is generally subject to the two-year personal injury limit16. If a public entity may be responsible, a notice of claim must generally be filed within 180 days17. Different rules may apply to children, and other states set their own deadlines. Talking to a lawyer early helps protect your options.

Tell Us Your Story →

What happens after you contact CBW Law

Our process

1. We listen

   Tell us what happened, where you were and what animal was involved.

2. We gather the facts

   We look at photos, medical records and any animal control or police reports you have, and identify what else may matter.

3. We check the law

   We explain which state's law may apply, which deadlines may run and what coverage may exist.

4. You decide

   We give you a clear picture of your options. The next step is your choice.

Plain English

Medical, Health & Insurance

Medical, insurance and legal records after an animal attack use terms that can be confusing. Here are some you may see.

Wounds and infection

Puncture wound

A deep, narrow wound from a tooth. Puncture wounds are more likely to become infected1.

Crush injury

Damage from the pressure of a bite that can tear tissue and leave scars1.

Capnocytophaga

Bacteria common in dog and cat mouths that can rarely cause serious infection4.

Sepsis

A dangerous body-wide reaction to an infection in the blood4.

Rabies care

Rabies

A viral disease spread through bites or scratches of an infected animal. It is nearly always fatal once symptoms start5.

Post-exposure prophylaxis (PEP)

Care after a possible rabies exposure: wound care, rabies immune globulin and a series of vaccines5.

Quarantine

Confining a biting animal for observation. In Arizona, an unvaccinated dog or cat that bites is quarantined for at least ten days12.

Emotional effects

Post-traumatic stress disorder (PTSD)

A condition after a frightening event that can include nightmares, fear and avoidance. It has been reported in children after dog bites6.

Scar revision

Surgery or other treatment to improve how a healed scar looks or moves.

Legal and insurance terms

Strict liability

Responsibility without proof of carelessness. Arizona's dog bite statute works this way for qualifying bites7.

Provocation

Conduct a reasonable person would expect to provoke a dog. It is a defense in Arizona8.

Negligence

Failing to use reasonable care, such as leaving a gate open or ignoring a leash law.

Liability coverage

The part of an insurance policy that pays claims by people the policyholder injures, subject to its terms and exclusions14.

Questions

Frequently asked dog bite and animal attack questions

Short answers to common questions after a dog bite or animal attack.

Is Arizona a strict liability state for dog bites?

For qualifying bites, yes. Under A.R.S. § 11-1025, a dog's owner is liable when the dog bites someone who is in a public place or lawfully on private property, even if the dog had never been vicious before7. Provocation is a defense8, and the statute applies to bites, not every kind of animal injury.

Does the one-bite rule apply in Arizona?

Arizona's dog bite statute does not require proof that the dog bit anyone before7. Some other states use rules based on what the owner knew about the animal's dangerous tendencies, sometimes called a one-bite rule. That is not a nationwide rule. New York's highest court, for example, said in 2004 that its rule does not automatically excuse an owner for a dog's first bite10.

How long do I have to file a dog bite claim in Arizona?

A claim under the dog bite statute may be subject to Arizona's one-year limit for liabilities created by statute15. A negligence claim is generally subject to the two-year personal injury limit16. Claims involving a public entity need a notice of claim, generally within 180 days17. A dog bite lawyer can help you identify the deadlines in your case.

What if I was knocked down but not bitten?

Arizona's strict liability statute speaks to bites7. A knockdown claim may rely on other laws, such as the statute on dogs at large9, or on negligence, such as a broken leash law or an open gate. The facts and the law where it happened decide which path may apply.

What counts as provocation?

In Arizona, provocation is judged by whether a reasonable person would expect the conduct or circumstances to be likely to provoke a dog8. The statute defines provocation to include tormenting, attacking or inciting a dog7. Whether provocation happened is a question of fact.

Should I see a doctor after a dog bite?

Public health guidance says yes for bites that break the skin. CDC advises washing the bite and calling a doctor or going to urgent care, even if you feel fine4. MedlinePlus advises getting medical attention as soon as possible and calling 911 for serious bleeding1. Your provider will decide on care such as antibiotics or rabies shots.

Do I have to report a dog bite in Arizona?

Arizona law says an animal bite must be reported immediately to the county enforcement agent by anyone with direct knowledge of it12. The report also creates a record that can matter later. Your county animal control office handles these reports.

Will the owner's insurance pay for my injuries?

It depends. Some homeowner's, renter's or business policies may apply, but coverage turns on the policy terms, and some policies exclude certain breeds14. Some owners have no coverage at all. A claim review looks at what insurance may exist, including any policy held by a landlord or business where the attack happened.

Can I bring a claim if my child was bitten by a relative's dog?

Possibly. Arizona's statute covers bites on the owner's property when the injured person was lawfully there7. Families often worry about the relationship and about causing hard feelings. A lawyer can explain how the law and any available insurance may apply, so you can decide what is right for your family.

What if another kind of animal attacked me?

Arizona's bite statute speaks to dogs7. Injuries from other animals usually depend on negligence and other rules, which vary by state and by the type of animal. An attorney can look at who owned or controlled the animal and what precautions were required.

Tell Us Your Story

Dog bites and animal attacks can cause wounds, infection, scars and fear that lasts. Arizona's dog bite law can help injured people, but it has conditions, defenses and possibly a shorter filing deadline, and other states follow different rules.

If you or your child was hurt by a dog or another animal, we are here to listen. Tell us what happened, and we will help you understand what a claim review could involve.

Tell Us Your Story →Call (800) 476-2416

This page is general information about dog bites and animal attacks. It is not legal or medical advice and does not create an attorney-client relationship. An accident, an injury or a loss does not, by itself, establish that anyone was negligent or legally responsible, and the law differs from state to state. No outcome can be promised in any case.