Dog Bite Law

Overview

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. 

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. 

This section imposes strict liability on dog owners for injuries inflicted by their dog without respect to fault on the part of the owner. Murdock v. Balle, 144 Ariz. 136, 696 P.2d 230 (Ct. App. 1985). In Arizona, dogs do not get "one free bite;" owners are held strictly liable for injuries caused by their dogs' actions and liablity is imposed without regard to an owner's knowledge of the dog's viciousness. Massey v. Colaric, 151 Ariz. 65, 725 P.2d 1099 (1986).

The strict liability dog bite statute did not apply when the victim was a child of and resides in the same household as the owners of the dog and was bitten at the family home. Schleier ex rel. Alter v. Alter, 159 Ariz. 397, 767 P.2d 1187 (Ct. App. 1989).

The statute also was held to apply only to owners. Johnson v. Svidergol, 157 Ariz. 333, 757 P.2d 609 (Ct. App. 1988) (error to grant judgment for victim against owner, when victim was bitten after the dog had been stolen from the owner).

The only defense to liability under section 11-1025 is proof that the injured party provoked the dog. Murdock v. Balle, 144 Ariz. 136, 696 P.2d 230 (Ct. App. 1985). The defense is based upon section 11-1027:

11-1027. Provocation as defense

Proof of provocation of the attack by the person injured shall be a defense to the action for damages. 

The only defense to a statutory dog bite claim is provocation, not assumption of the risk or provocation. In Massey v. Colaric, 151 Ariz. 65, 725 P.2d 1099 (1986), the Arizona Supreme Court stated:

A.R.S. § 24-378 permits a person injured by a dog while at large to recover simply by proving that the statute has been violated. If the elements of the statute are satisfied, the legislature has decided to impose liability without fault. The only defense provided is provocation, A.R.S. § 24-523, with the common law defenses of contributory negligence and assumption of risk superseded.

In Mulcahy v. Damron, 816 P.2d 270, 169 Ariz. 11 (1991), the court held that a person who works for a pet hospital will not be deemed to have assumed the risk of being bitten by a dog who is at the hospital for treatment and/or grooming. The court reiterated that assumption of the risk is not a defense to a dog bite in Arizona.

Additionally, the state's "at large" law imposes liability upon anyone who permitted the dog to run at large, in cases of injury to persons or property. (Sec. 11-1020.)

11-1020. Dogs; liability

Injury to any person or damage to any property 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. 

The use of the conjunction "or" rather than "and" was held to indicate the legislature's intent that either the owner or some other person responsible for a dog may be held liable for injury or damage caused by the dog. Johnson v. Svidergol, 157 Ariz. 333, 757 P.2d 609 (Ct. App. 1988).

In Mulcahy v. Damron, 816 P.2d 270, 169 Ariz. 11 (1991), the defendant dog owners attempted to defend on the basis that a dog at a pet hospital should be considered "at large," thereby relieving the dog owners from liability because of the word "or" in section 11-1020. The court refused to permit this defense, saying, "[w]hether a dog is at large is determined by two statutory conditions: (1) when a dog is 'not confined by an enclosure,' or (2) when a dog is not 'physically restrained by a leash.'"

Arizona also permits claims based on common law theories such as scienter, negligence and negligence per se. It was held that the dog bite statute does not codify or replace common law liability. Murdock v. Balle, 144 Ariz. 136, 696 P.2d 230 (Ct. App. 1985). It therefore is possible to proceed simultaneously under this section and common law theories. Murdock v. Balle, supra. The cause of action created by this section is distinct from the common law which imposes liability on dog owners only if the owner knew or had reason to know of their animal's vicious propensities. Murdock v. Balle, supra. A claim pursuant to this section is legally distinct from a common law dog bite claim. Schleier ex rel. Alter v. Alter, 159 Ariz. 397, 767 P.2d 1187 (Ct. App. 1989).

Litigation forms and other materials for attorneys

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