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Dog bites and attacks happen more frequently than many people may think. If you’ve been bitten by a dog unprovoked, the owner may be held liable if you decide to take legal action. A South Tucson dog bite lawyer can assist you in filing a personal injury claim after a dog bite.
While some states don’t enforce owner liability when the injury was the first time the dog bit someone, this is not the case according to Arizona’s strict liability law. At the Bleaman Law Firm, P.C., our team strives to provide each client with the attention and consideration they deserve.
In the vast majority of cases, the dog owner will be seen as liable for any injury someone received from their pet. Arizona law has a strict liability statute for dog bite injuries, meaning that even if the owner’s dog has never previously shown aggressive behavior or bitten anyone, they can still be held liable. If the injured person first provoked the dog or was trespassing on private property before getting bit, strict liability does not apply.
It’s important to consult with a qualified injury law attorney early after an injurious dog bite, not only because taking prompt legal action allows your lawyer to spend more time building a quality case but also because strict liability does not apply to all dog attack accidents.
If you have been injured from a dog bite, you have one year from the date of the accident to file a claim under strict liability law. If you have missed this deadline or would also like to file a negligent personal injury claim, the statute of limitations is two years from the event.
If you choose to pursue a strict liability case, your attorney must sufficiently prove a few factors in order to earn you compensation. A South Tucson personal injury lawyer must establish that the dog bite indeed happened, the dog is, in fact, owned by the defendant, and that the victim was not unlawfully on the property or had provoked the dog prior to being bitten.
It’s typically easy to prove the dog’s ownership as well as the existence of a bite injury; the bodily harm may be established through photos, video, forensic evidence, medical records, eyewitness testimony, etc. However, the accused party’s attorney is likely to argue that the victim provoked the dog, even if a child was the injured party, either through hitting, pulling, kicking, etc., and it’s on the injured person’s lawyer to prove that this was not the case.
Additionally, the defendant’s legal team is likely to claim that the person was bitten while trespassing on the property, such as a burglar, thus being there unlawfully. Individuals who were invited onto the property or were there for a valid commercial reason are not considered to have been trespassing; this includes guests, package deliverers, mail carriers, meter readers, public officials, and utility workers.
If you are unable to file a claim under strict liability and choose to pursue a personal injury claim based on negligence, your attorney has a similar, but somewhat more challenging, burden of proof in establishing elements of the case in order to prove negligence. They must prove that the owner had a responsibility to take reasonable care in ensuring the safety of others, that they failed to take such precautions, and that their breach of care directly caused the victim’s injuries.
A: You can sue for bite injuries if you weren’t trespassing or provoking the dog. Under Arizona’s strict liability law, even the first time a dog has bitten someone, the owner can be held liable. Owners aren’t responsible if someone is burglarizing or trespassing on their property or if someone hit, kicked, pulled on, etc., the dog beforehand.
For a dog bite, you can seek damages for medical bills, loss of income if recovery time interfered with your ability to work, or if you were permanently disabled and lost out on earning power in the future. An experienced dog bite lawyer can help secure all the compensation you are entitled to.
A: It can be difficult to estimate how much financial compensation you may receive from your dog bite injury claim without consulting with an experienced personal injury lawyer. A settlement award from a dog bite will depend on several factors, such as the severity of the bite, if there were additional injuries, the level of negligence, and more.
A: A personal injury lawyer experienced in dog bite cases is a valuable resource if you’re pursuing compensation. A qualified lawyer in South Tucson can let you know upfront if your case is viable and how much you might receive in compensation after reviewing the details of your situation.
Your strongest chance of getting a settlement payout is with an injury lawyer on your side. A skilled attorney can craft compelling arguments, gather evidence, and prevent insurance companies from offering you less money than you deserve.
A: To prove an injury claim under strict liability, your attorney must prove you were bitten, weren’t trespassing, and didn’t provoke (e.g., kick, hit, or pull at) the dog.
It must be established that the owner had a duty of care, such as taking reasonable safety precautions for social visitors or potential commercial workers to prove a negligent injury filing. Also, it must be shown that there was a breach in this duty, and that the breach directly led to your injuries.
The qualified team of legal professionals at Bleaman Law Firm, P.C. have practiced law for over two decades, helping numerous wronged individuals receive financial compensation for the unnecessary harm they endured. If you were hurt from an animal attack, reach out to an injury lawyer who’s ready to review your case and discuss your options.
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