Arizona imposes strict liability on dog owners for dog bites, meaning dog owners must pay for any damage resulting from dog bites, regardless of whether the dog owner was negligent or the dog has previously shown any propensity toward biting. Whereas in many states, dogs get "one free bite" before the dog owner is considered to be on notice that the dog bites and therefore can be held liable for damage caused by a dog bite, this is not the case in Arizona.
The dog's owner only has a valid defense against a dog bite claim if the dog bite victim provokes the dog. A dog bite victim's voluntary association with the dog or status as an expert in handling dogs will not suffice as a defense against dog bite injury.
Dog Bite Procedures in Maricopa County
Maricopa County requires residents to report all dog bites to Maricopa County Animal Care and Control. When a dog bite occurs, the dog should be confined if possible pending investigation. The person making the report should be prepared to describe the dog in detail, specifying its breed, color, size and any distinct markings that would help identify the dog. MCACC will visit the dog's location to investigate the dog bite complaint.
Both dog owners and dog bite victims have a duty to report dog bites to MCACC. By law, any dog reported for biting must be quarantined for 10 days. If MCACC deems it safe, the dog may be quarantined in the owner's home. If MCACC removes the dog from its home for quarantine, it will be released after 10 days upon the owner's payment of the quarantine costs, unless the dog bite victim has filed a vicious dog petition.
Timely notification to MCACC is essential to substantiating any claim for damages resulting from a dog bite.
Dealing with Vicious Dogs in Maricopa County
The procedures for dealing with vicious dogs are distinct from the procedure for filing a dog bite complaint. When a dog bite victim believes that the dog is vicious, the injured person must file a vicious dog petition with a city or justice court where the dog owner lives. Once the petition is set for hearing, both the dog owner and the dog bite victim can present evidence concerning the dog's disposition. The dog bite victim can request that the dog remain quarantined pending the outcome of the vicious dog hearing.
After the court hears evidence on the dog's disposition, the court may determine that the dog is not vicious and order its release. If the court determines that the dog is vicious, it may order remedies ranging from the posting of signage alerting the public to the dog's viciousness, maintenance of liability insurance, confinement of the dog indoors or in a securely locked pen, spaying or neutering, or destruction of the dog. Parties can also request alternate remedies, such as micro-chipping.
