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Child Bitten by a Dog - Who is Liable

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  • 10-11-2010, 01:07 AM
    KerriB
    Child Bitten by a Dog - Who is Liable
    My question involves injury or loss that occurred in the state of: Arizona

    My 8 year old son was bitten by a dog in a neighbor's front yard. After getting 29 stitches, we were finally able to leave the emergency room. Now, I'm wondering who is going to be responsible financially. Normally, I would assume the people who are living there. I wasn't sure if they owned the property or not. I'll just use the names, {ELIDED}.

    After an internet search as to who owns the property, I came up with {ELIDED}. So, I believe the owner is one of the couple's parent.

    My question is, who is going to be responsible for this, the owner of the dog, or the home owner?

    Thank you. This is my first post here, and have read a couple of 'interesting' posts and replies. So, if you need more information, I'll be happy to help.

    BTW, we've already called animal control, who have so far, picked up the dog, and got an agreement from the homeowners, to put it to sleep.
  • 10-11-2010, 04:15 AM
    LawResearcherMissy
    Re: Child Dog Bite. Who is Liable
    Depending upon the circumstances under which your child was bitten, you might be responsible. It will depend on the circumstances and your locale's laws.

    Did the child have permission from your neighbor to be in their front yard? Was he alone, or were you with him? Was the yard fenced? Was the dog loose or restrained? If your child was in a fenced in yard without permission, he was trespassing, and you'd have a hard time arguing that your neighbor was liable for the bite.

    If he had permission to be there - for instance, you were visiting with your neighbor and had your child along - then your neighbor, the dog's owner, may be liable.

    You'd do well to consult with counsel in your area. Dog bite laws don't just vary from state to state, they vary from county to county, and sometimes from city to city. At least two suburbs of my city have much stricter dog bite laws than the city itself.
  • 10-11-2010, 05:54 AM
    aaron
    Re: Child Bitten by a Dog - Who is Liable
    Arizona has a number of statutes that explain when a dog owner can be held liable for a dog bite. There's also potential common law liability cause for dog owners who know or have reason to know of their animal's vicious propensities. Common law claims against a landlord are more complex; I haven't found an analysis for a non-resident homeowner.
    Quote:

    Quoting Arizona Revised Statutes, Sec. 11-1025. Liability for dog bites
    A. The owner of a dog which bites a person when the person is in or on a public place or lawfully in or on a private place, including the property of the owner of the dog, is liable for damages suffered by the person bitten, regardless of the former viciousness of the dog or the owner's knowledge of its viciousness.

    B. Nothing in this section or in section 11-1020 shall permit the bringing of an action for damages against any governmental agency using a dog in military or police work if the bite occurred while the dog was defending itself from a harassing or provoking act, or assisting an employee of the agency in any of the following:
    1. In the apprehension or holding of a suspect where the employee has a reasonable suspicion of the suspect's involvement in criminal activity.

    2. In the investigation of a crime or possible crime.

    3. In the execution of a warrant.

    4. In the defense of a peace officer or another person.
    C. Subsection B of this section shall not apply in any case where the victim of the bite was not a party to, nor a participant in, nor suspected to be a party to or a participant in, the act that prompted the use of the dog in the military or police work.

    D. Subsection B of this section shall apply only where a governmental agency using a dog in military or police work has adopted a written policy on the necessary and appropriate use of a dog for the police or military work enumerated in subsection B of this section.

    Quote:

    Quoting Arizona Revised Statutes, Sec. 11-1026. Lawful presence on private property defined
    A person is lawfully in or on the private property of the owner of a dog within the meaning of this article when an invitee or guest, or when in the performance of a duty imposed upon him by law of the state or United States, or by ordinances of a municipality in which such property is located.

    Quote:

    Quoting Arizona Revised Statutes, Sec. 11-1027. Reasonable provocation as defense
    Proof of provocation of the attack by the person injured shall be a defense to the action for damages. The issue of provocation shall be determined by whether a reasonable person would expect that the conduct or circumstances would be likely to provoke a dog.

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