Thirty-eight percent of American households have at least one dog—and we seem besotted by our pups. People describe themselves as “pet parents,” and a pet is a treasured family member. (Americans spent an estimated $1.189 billion on Valentine’s gifts for their pets this year.) Given that, it may be hard to reconcile the image of a sweet puppy with the other, decidedly un-cuddly, end of the spectrum: Dog bites.
According to the American Veterinary Medical Association, more than 4.5 million people in the US are bitten by dogs each year. And these bites can cause real injury: Of those who are bitten, roughly one-in-five will need medical attention.
So let’s discuss some general facts about dog bites and then review a few key facts for Phoenix-area residents should know about dog bite incidents.
KIDS AND DOG BITES
Each year, children will make up half of those bitten by a dog. And, once bitten, kids are the most likely to need medical care for the bite.
Surprisingly, most children are not being bitten by a strange dog. Instead, kids are usually bitten by dogs they know, and the bite happens during everyday activities.
This is an important reminder: We need to be mindful of children’s activities with a dog—even if it’s a pet they know very well.
The data suggest that kids (or pet owners) are more careful around a dog they don’t know, but they may be less careful with familiar dogs. And perhaps, parents, caregivers, and pet owners also let their guard down when a child is playing with a familiar pet.
WHY DO DOGS BITE?
According to an analysis from the American Animal Hospital Association, the most common breed causing a serious bite—one that needs medical attention—is “Unknown.” (Apparently, we just aren’t that good at recognizing breeds.) The next most common dogs whose bites resulted in serious injury were: pit bulls, mixed breeds, and German Shepherds. Great Danes and Akitas were found to be less likely to bite, but when they do, the bite has a high amount of damage.
Pit bulls and mixed breed dogs were the most likely to bite, with the highest amount of injury. However, this may not be an accurate finding since, in a study, people frequently mislabeled larger dogs as pit bulls. So it could be pit bulls’ reputation that is driving that data. If a large dog bites people, they may just assume it is a “pit bull,” no matter the dog’s actual breed.
Regardless, a dog’s breed doesn’t cause a bite.
Instead, a dog’s likelihood of biting someone is determined by factors including:
- The dog’s history
- The dog’s behavior at the time
- The dog’s general size
- If there are other dogs involved, and how many
- The person bitten’s vulnerability
WHAT HAPPENS IF SOMEONE IS BITTEN BY A DOG?
If someone has been seriously bitten by a dog, they should seek immediate medical attention. If it’s possible, take pictures of the injury.
The victim (or a knowledgable witness) should contact Maricopa County Animal Care and Control (MCACC) to report the incident, either by calling or completing an online form.
In Arizona, to qualify as a “dog bite,” the dog’s teeth have to have broken through the skin. However, if that did not happen, it can still be considered as an attack with—or without—injury. (The same standard also applies when a dog attacks another dog.)
After the MCACC receives the report, the agency will investigate the allegation to determine if the dog owner should be cited for the incident. In the meantime, the dog will be quarantined for 10 days to ensure that the dog does not have rabies.
If MCACC decides to cite the owner, the dog owner must appear in court. At that point, the owner can decide to plead guilty or not guilty—thereby going to trial.
OWNERS’ LIABILITY FOR A DOG BITE
Even if MCACC does not cite the dog owner, the victim can still choose to file a civil lawsuit against the dog’s owner. If they prevail in a court case, a dog bite victim can receive compensation for necessary medical care, wages lost during recovery, pain, and suffering, and other related damages.
Arizona law follows a “strict liability” rule for dog bites, meaning that owners are automatically liable for any damage caused by a dog bite. And to be liable, there doesn’t need to be any evidence that the owner was being negligent at the time of the attack, and it doesn’t matter if this is the first time that the dog has ever indicated any possible viciousness. (If the owner is aware of the dog’s aggressiveness, the owner is required to make sure that the dog cannot escape its residence or enclosure and—when outside of its residence—control the dog at all times.)
The only reasons strict liability does not apply are:
- if the animal is a working law enforcement dog, or
- if the person who was bitten had intentionally provoked the dog.
Provoking the dog is a defense.
CONSIDER DISCUSSING THE ISSUE WITH AN EXPERIENCED ATTORNEY
If you have been involved in a dog bite incident—whether you are a dog owner or the bite victim—don’t minimize the issue. Instead, you need an attorney who understands the seriousness of the case.
Scott David Stewart is an attorney in Phoenix, Arizona. Mr. Stewart’s personal injury practice division focuses on dog bites, motorcycle accidents, truck accidents, auto accidents, and general injury claims.
