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Dog Bites

What to do after a dog bite occurs?

December 27, 2022 by collingmedia

A dog bite can be scary, no matter your age.

Some adults are even cautious or even scared to be around dogs due to trauma from a dog bite much earlier in life.

Certainly, not all dogs bite, and there are some good boys and girls out there. But just like humans can get physically violent, dogs may become aggressive if they’re scared, hurt, or angry. People who don’t know dogs well may not recognize warning signs.

To prevent bites, dog owners should take precautions such as installing a fence, using leashes and harnesses, and participating in training and obedience courses. These measures can help protect humans and other pets from interactions with dogs that may result in bites and can teach dogs how to behave safely.

It’s just not fear either: a bite can require surgery and having significant medical bills. Depending on your community’s rules, it could also lead to legal charges, fines, and possibly having to surrender or kill a dog with a pattern of dangerous behavior.  

There are several recommended actions people should take when trying to figure out what to do after dog bite.

 

Look at the wound.

A nip that doesn’t break the skin should be considered harmless. Something that breaks the skin should be looked at closer. This means cleaning the wound, first with soap and water. This will initially remove any dirt or bacteria that might have been in the dog’s mouth, which can reduce any infection risk. More importantly, it gives a good idea of the extent of the damage and treatment options.

If a scratch is minor, a Band-Aid and antibiotics may be recommended after cleaning the wound. However, if the scratch is larger and continues to bleed, more extensive medical treatment may be necessary.

 

When to seek medical help

If a wound from a dog bite is bleeding and looks like it will require stitches, is deep enough to see muscle or bone after cleaning, continues to bleed, or limits the person’s ability to move or walk on their own, this means a trip to the family doctor, urgent care or hospital is in order, depending on your location. Or if the wound is severe, beyond standard abilities to clean, even life-threatening, call 911 for an ambulance.

When to seek legal counsel 

This may not be the first question people think of when a loved one is badly injured, but legal options of what to do after a dog bite should be considered once the damage is assessed.

Depending on the severity of the injuries, a dog bite victim may require medical costs starting with basic care and treatment. They may need plastic surgery. They also may need mental health counseling if it’s a particularly frightening attack. Costs could also include transportation to and from medical appointments. Dog bites could affect someone’s life and habits, such as not wanting to walk in certain areas.

A dog bite could also be an opportunity to penalize an owner who may have had a role in their dog’s behavior, such as deliberately allowing access for them to escape.

 

The law firm of Brad Johnson Injury Law is happy to provide guidance for dog bites or other animal-related injuries. Please contact us today to discuss your legal options.

Filed Under: Dog Bites

In Arizona, do dogs have to be on a leash?

November 10, 2022 by Brad Johnson

Arizona law is pretty firm on what happens to a dog after a bite occurs, and it’s rarely good. Unlike some states which legally allow “one free bite,” and effectively give dogs/owners the benefit of the doubt once, Arizona authorities can take action immediately.

The process starts with alerting animal enforcement in the local county about a bite occurring and then placing the dog in quarantine for at least 10 days to monitor for rabies. Even if a dog is cleared after this time period and can return to the owner, a justice of the peace or city magistrate can declare the pet vicious and order it euthanized.  

Owners of vicious dogs may also have to pay fees related to their shelter and treatment. Those are just the municipal costs: someone injured by a dog also has the ability to sue for negligence, which can pay for medical costs such as hospital stays, plastic surgery, physical therapy, or mental health therapy.

 

Arizona Dog Leash Laws

This is a long way of saying that owners should take whatever safety precautions they can to keep their dogs from interacting with others, which could easily include biting. Dogs can bite out of fear, protectiveness or even general aggression. Sometimes, even rough play can draw blood, and the only legal defense for a bite is hard proof that a dog may have been provoked.

Precautions can include keeping dogs in an enclosed space in the front yard, side yard, backyard, or putting them on a leash when on a walk or in a public place. They also must be with their owner or someone designated as a custodian. Read more about Arizona’s leash law.

 

Maricopa County Dog Laws

According to the City of Phoenix, part of Maricopa County, public places can include parks, canals and streets. Leashes shouldn’t be longer than 6 feet. Dogs also must wear collars or harnesses with valid ID tags.

Maricopa leash law makes an exception for enclosed dog parks where dogs can run off-leash. However, there are still possibilities of a loose or poorly-leashed dog attacking another dog or a human.

Because Arizona has many state and national parks, like the Grand Canyon, leash laws also apply to public lands. Leashed dogs are also not allowed in park buildings, unless they’re designated service dogs.

Access rules may vary by individual park, but generally leashes are the rule vs. the exception.  A ranger, park staff, campground host can answer more questions, enforce rules or spot violations.

 

 Arizona Leash Laws Prevent Injuries and Other Costs

Arizona leash law includes escalating misdemeanor penalties for owners who fail to comply with leash laws, starting with a fine of no more than $250 for the first infraction, a fine of no more than $100 for the second violation within two years, and a fine of no more than $500 for a third violation. Violations after this, if the dog hasn’t been declared vicious, can lead to a fine of no more than $5,000 and jail time for up to five days.   

 

Contact Dog Bite Attorney Brad Johnson Injury Law Firm

Whether you’re an owner facing possible penalties for an unleashed dog, or have been harmed by a dog that wasn’t leashed or wasn’t leashed securely, it’s important to learn your legal options from a personal injury firm. Please contact Brad Johnson Injury for a consultation at our website.

Filed Under: Dog Bites

What To Do If A Dog Attacks Your Child?

September 26, 2022 by Brad Johnson

The idea of a sudden attack on your child by a dog is a frightening thought. Sadly, dog attacks happen more often than you’d think. The American Veterinary Medical Association shares that more than 4.5 million people are bitten by dogs each year, and over 50% of dog bite victims are children.

What should you do if your child has been hurt by a dog?

The first thing to do if a dog attacks your child is to seek medical attention immediately, even if the wound appears mild. Other steps to take include:

  • Identifying the dog’s owner and obtaining contact information
  • Asking for proof of rabies vaccinations
  • Calling animal control to file a report
  • Photographing your child’s bite injuries
  • Gathering police reports, medical reports, animal control documentation, and contact details for any eyewitnesses to the dog attack (keep copies of everything)
  • Calling an attorney well-versed in personal injury and dog attacks

Additionally, you’ll want to carefully track your child’s injuries and pay very close attention to their overall health. Later on, sometimes issues related to the bite may emerge.

What should I look for when I’m out walking?

Be aware of dogs in the area where you walk, particularly if commonly unleashed or without an owner in sight. Never step foot on any property where a dog is present outside by itself; some dogs are trained to attack when boundaries are crossed. Be conscious of open gates.

Look for a dog’s warning signs and body signals, which include intense staring, snarling, growling, stiff tail, ears pinned back, and obvious teeth showing.

If a dog moves toward me, what should I do?

It’s important to remain calm if a dog moves toward you. Put a barrier between you and the dog if possible, such as a trash can or even an umbrella.

  • Move slowly backward/away or, if needed, stand still
  • Don’t make loud noises or scream
  • Avoid sudden movements
  • Slowly pick your child up
  • Have child curl into a ball for extra body protection
  • Avoid dog’s eye contact

Fight back as a last resort, since this will probably make the dog more aggressive—if you do, aim for eyes or ears.

What should you do if a dog bites you?

In the event you’re bitten by a dog, follow the same steps as if your child was bitten. Seek medical attention ASAP, report the injury, and speak to an attorney specializing in personal injuries.

How do I talk to my child about dogs?

It’s important for children to know even friendly dogs can turn mean if provoked or even unprovoked. Teach them that many dogs are friendly, but it’s important to always be careful and avoid certain behaviors when around dogs and other pets.

What Are Some Preventative Measures You Can Take to Avoid A Dog Attack?

To avoid potential dog bites, educate your child about how to behave around dogs. Teach them never to grab dogs’ tails, take items from their mouths, tease, hit, or try to play “horsey” with them. Let them know to leave sleeping or eating dogs alone. Tell them it’s never OK to go near dogs they don’t know and to be careful around ones they do. Never touch a dog without an owner’s permission.

Have You Experienced a Personal Injury in Phoenix?

Dog attacks are a terrifying and traumatic experience. If you or a loved one have experienced a dog bite, the compassionate legal team at Brad Johnson Injury Law wants to help you. We are available 24/7. Call us at 602-650-1200 for a free evaluation.

Filed Under: Dog Bites

Arizona Leash Law Overview

September 1, 2022 by Brad Johnson

Arizona’s leash law primarily protects pedestrians and people in public places from getting injured by dog bites and scratches. Dog bites can be dangerous and lead to severe injuries requiring hospitalization, especially with small kids.

The laws are also helpful for dog owners as following them can prevent litigation, loss of insurance, or an increase in insurance premiums. They can also avoid the painful decision of putting the dog down.

What is Arizona’s Leash Law?

Arizona law restricts a pet owner from leaving a dog free of the when in public places. The law protects people from a dog bite when walking around in public places like parks and fields.

According to Arizona law, no pet owner shall allow their dogs in a public park or public school property unless the dog is kept on a leash not exceeding six feet or enclosed in a car, cage, or any other safe enclosure.

The law further directs that:

  • No pet owner shall allow a vicious dog or a female dog in heat to run at large, even in any area outside a public place or a school zone.

Here, a ‘female dog in heat’ refers to a dog in her breeding or mating period. ‘To run at large’ refers to when a pet owner allows a dog out without a leash, outside the owner’s control:

  • No dogs shall be allowed at large in a rabies quarantine area; 
  • When the owner allows a pet who is older than three months, off-leash, the dog must have a collar with a license tag.

Dog  laws differ for each state and the cities and counties under them. People living in cities and counties need to fulfill their individual laws in addition to the state laws.

Maricopa County Leash Laws

Maricopa county  laws require pets to be under  or confinement anytime they are outside the private property of the pet owner, except in designated off-leash dog parks.

City of Phoenix Leash Laws

As per the city of Phoenix  laws, a dog is not at large if it is restrained by a rope, chord, or chain of at least six feet in length. A collar is not sufficient for this purpose.

Exceptions

The dog  laws are not applicable where:

  • Dogs are used for hunting or controlling livestock. Dogs in kennel club events and race dogs are also not required to be d, provided they are vaccinated and licensed.
  • The trainer controls the dog participating in training and has a certificate from the American Kennel Club or the American Mixed Breed Obedience Registry.

Penalties

Arizona is a strict liability state for a dog bite. Pet owners violating laws can be fined, jailed or have their dog put down.

Arizona Leash Laws Prevent Dog Bites

Dog bites can cause serious injuries requiring hospitalization, and unrestrained dogs can be a nuisance in public places. Arizona  laws require pet owners to keep their dogs on  or in enclosures in public areas to protect the public from dog bites.

Have Been Injured From A Dog Bite?

If you have been injured by a dog bite or any other type of personal injury, Attorney Brad Johnson can help you through this difficult time, ensuring you receive the settlement amount you need and are entitled to. Contact Brad Johnson Injury Law today for experience and skill, coupled with compassion for your situation.

Filed Under: Dog Bites

Tips for Dog Owners to Keep Mail Carriers Safe

July 5, 2022 by Brad Johnson

Mail carriers of the United States Postal Service are proud to follow the motto: “Neither snow nor rain nor heat nor gloom of night stays these couriers from the swift completion of these appointed rounds.”

You’ll notice it doesn’t say anything in these noble words about what happens about a dog chasing a mail carrier or a dog attacking a mail carrier.

Unfortunately, it happens. Postal carriers are on their feet all day walking from yard to yard. They’re likely to encounter dogs, who are great at defending their territory, especially with unfamiliar men and women coming onto it. People may wonder why dogs hate mailmen, which isn’t necessarily true, but dogs do sense fear, which can further upset them, and many dogs are also genetically programmed to chase moving objects.

The Postal Service reports more than 5,400 instances of dog attacks on mail carriers around the country in 2021, including 68 in Arizona.

A barking dog trying to chase someone can be scary enough, but a dog bite can cause physical injuries as well as mental trauma. Too many encounters could easily lead to employees thinking about other jobs. In extreme cases, carriers can stop delivery service to a home or even a street until a specific problem is solved.

A mailman attacked by a dog could lead to pet owners facing possible legal action, higher homeowner insurance claims, and in some cases, having to make the tough decision to put down a pet if it is officially declared dangerous.

That’s why efforts are taking place in Arizona and other places around the country to lower the risk of these encounters. Training and education are key on both sides, and sometimes the solution is as easy as pet owners keeping a dog or dogs restrained or at least indoors when someone comes to the door.

Postal employees are also encouraged to do their part by trying methods to keep dogs away when they’re on their routes including spray or an air horn. They are also told to never assume that a dog won’t bite.

But for the most part, the burden falls on pet owners to reduce the risk – and potential legal liability that can come when they hear their dog bit the mailman.

Some suggestions to avoid future cases of dog attacks on mail carriers can include:

  • Enrolling the dog in training classes that include an emphasis on staying calm in new situations.
  • If it’s the same carrier, sometimes owners can allow a dog to meet them in safe conditions to recognize they’re not a threat.
  • Discuss alternate delivery options away from the porch and yard, such as a postal box.
  • Enroll in Informed Delivery Service, a free program that provides alerts when mail is coming, giving the owner enough time to restrain the dog.
  • Keep dogs inside or in an enclosed outdoor area away from the front yard.
  • Minimize occasions where dogs can see the mail carrier.
  • Avoid accepting mail when the dog can see it or telling children to take it directly from the carrier.

The Postal Service is especially interested in keeping its people safe. It now has a public service campaign each June that encourages responsible pet ownership and emphasizes that any dog can bite, and one bite is too many.

Contact the legal team at Brad Johnson Injury Law for a FREE CONSULTATION.

Filed Under: Dog Bites

Bitten by a Dog in Phoenix, Arizona: Arizona Dog Bite Laws

January 19, 2018 by Brad Johnson

Millions of people across the US own dogs as pets since they are wonderful companions to young and old alike. Dogs are also used for racing, in show events, contests of agility, hunting, for guarding buildings or residences, and for military and law enforcement. Recent studies seem to strongly suggest that having a dog may even increase your lifespan. But dogs do bite and attack people for various reasons, whether based on its having dangerous propensities or having been provoked or any other reason. But regardless of the reason why a dog attacked or bit another person, Arizona law imposes owner liability in most cases.

If you or a loved one were bitten by a dog, you may have legal recourse against the owner and/or caretaker of the dog based on either Arizona statutory law or common law negligence. Also, an owner may be charged with a criminal violation in some instances.

Strict Liability for Dog Bites

In the past, many states had laws that allowed a dog to have a second chance or a one-bite pass. While some states have retained that law many, including Arizona, have abandoned it and now have strict liability laws when it comes to dog bites considering the harm that an animal can do to a person, especially children who are often the target of many dog bites and attacks.

Strict liability means that you do not need to prove negligence on the part of the dog owner or caretaker. You merely need to demonstrate:

  • the defendant was the owner (or caretaker) of the dog
  • the dog bit the claimant
  • the claimant suffered an injury

Prior knowledge of the dog’s viciousness or propensity to bite because it previously bit someone is not a prerequisite to a claim for injuries under strict liability principles. If the dog was under the supervision or control of someone other than the owner, such as a hired dog-walker or a neighbor, that person may be held jointly liable for the claimant’s damages. Further, it is irrelevant if the attack occurred on the owner’s private property, or another person’s property, or on public property such as in a park or city sidewalk.

Trespassing and Dog Bites

Trespassing refers to being on private property without the owner’s permission. A person who is trespassing but is injured on the property generally has no legal recourse against the property owner unless he/she shows that the owner intentionally harmed the trespasser such as by means of a trap. If injured by a dog, however, the trespasser still may bring a claim. But if a trespasser is attacked and bitten by the owner’s dog, the trespasser who ignored conspicuously posted signs on the property warning of an attack dog may in theory still bring a claim for injuries but is highly unlikely to recover. Also, if the trespasser was committing a crime on the property such as burglary, this might constitute a provocation for the dog’s attack and be a defense to an injury claim.

Statute of Limitations

If you were injured by a dog, you have a limited time to bring your claim to court or to reach a dog bite settlement before filing. The statute of limitations forces claimants to bring their claims to court before evidence or facts of the event fade from memory or witnesses pass away or become unavailable to testify so that defendants have a reasonable opportunity to defend themselves. In Arizona, you have one-year from the date you were bitten to either settle your claim or file it in court. This is an exception to the usual two-year statute of limitations for other personal injury claims.

If the claimant is a child, however, the one-year statute does not begin to run or is tolled until the child turns 18. The statute is also delayed if the claimant is found mentally incompetent or impaired.

At-Large Dogs

There are instances when a dog is off-leash and bites someone, usually on public property. Phoenix, like most municipalities, has a leash law so that owners can be cited for not having their dogs on a leash unless in a designated area where they are allowed to roam free. If the dog has a collar and license but is off-leash, the owner can be given a civil dog-at-large citation. If the animal does not have a collar or license, then the owner may be cited for a criminal violation or Class 1 misdemeanor. Other localities have their own leash laws that should be examined in case if you have a dog bite claim that might support or enhance your claim.

Common-Law Negligence

You also have the option of bringing a dog bite claim under common law rules regarding negligence. This may be necessary if you failed to settle your claim within the one-year statute for strict liability and did not file on time or if you were trespassing and were bitten. The statute of limitations for negligence cases in Arizona is two years.

There are different requirements or elements for a common-law negligence claim, however. In the context of a dog bite, you must demonstrate and prove:

  1. The defendant had a duty of care towards the claimant by exercising reasonable care
  2. The defendant breached his/her duty of care towards the claimant by not exercising reasonable control of the dog
  3. It was the defendant’s actions or omission that proximately caused the injury or was the “cause-in-fact”
  4. It was foreseeable that the dog would injure the claimant
  5. The claimant suffered damages

All dog owners have a duty to exercise reasonable care over their dogs, which may include keeping them leashed or in an enclosed area if they are aggressive. By not keeping the dog away from people or restrained in some manner, the owner risks being liable for any injuries the dog causes.
The key element of a common law claim is that the defendant had knowledge of the dog’s propensity or viciousness or should have been aware of it and did not take steps to keep others safe. You can establish “knowledge” by the following:

  • Prior complaints about the dog
  • Dog was kept muzzled
  • Dog’s role as a guard dog
  • Had a tendency to lunge at people
  • Prior statements by the owner about the dog’s character
  • Use of chains or restraints on the dog
  • “Beware of Dog” sign posted by owner
  • Size and breed of dog

Defenses to a Dog Bite Claim

Even if you can demonstrate a strict liability claim or one grounded on negligence principles in that the owner had previous knowledge of the dog’s violent tendencies, the defendant may still avoid liability if it is shown that you provoked the animal, or if the animal was engaged in military or police work and was assisting an employee of such agency in:

  • apprehending a suspect
  • Investigating a crime
  • Executing a warrant
  • in defense of a peace officer or other person

Otherwise, a defendant can allege provocation as a defense. Provocation means that something occurred that caused the dog to become aggressive or that a claimant contributed to the incident by his or her particular conduct. The standard in demonstrating provocation is whether a reasonable person would expect the conduct or circumstances would be likely to provoke a dog.
Examples could be:

  • throwing objects at the dog
  • taunting or teasing the animal
  • Trespassing in some cases
  • committing an illegal act (robbery, burglary or kidnapping)
  • harming or threatening to harm someone
  • petting a dog that is chained up
  • Pulling or stepping on a dog’s tail
  • agreeing to care for a dog with known vicious characteristics

If a person was or should have been aware that there was a risk of injury by engaging in such behavior, then the owner may be relieved of liability. However, if a child as young as 4 provokes a dog bite by punching or pulling on the dog’s tail, some courts such as California will presume a child under the age of 7 was not provoking the dog since the child at that age is not capable of acting with reasonable care. Arizona courts look at what caused the dog to react rather than the intentions of the actor so that a dog owner could escape liability regardless of the child’s age. There may be other facts in such cases, though, that a lawyer experienced in dog bites and lawsuits could raise to find liability such as leaving an unrestrained dog with known aggressiveness with a young child.

Damages in Dog Bite Cases

Injuries in a dog bite claim can be extensive and include muscle and tendon damage, spinal cord injuries, concussion, deep lacerations, wound infection, loss of limbs, loss of vision, emotional trauma, and death. Typical damages are:

  • past and current medical expenses
  • past and current income loss
  • loss of earning capacity
  • permanent disfigurement
  • permanent disability
  • emotional trauma
  • diminished enjoyment of life

Call Brad Johnson Injury Law Injury Lawyers

Dog bite injuries range from minor to catastrophic. If you or a loved one suffered a serious injury in a dog bite attack, you will need experienced and knowledgeable injury lawyers who will give you the best opportunity to obtain the most compensation available for your claim. Call one of our dog bite injury lawyers now at (602) 396-4635 for an evaluation of your claim.

Filed Under: Dog Bites Tagged With: dog bites

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