Strict liability in both states
California
The owner of a dog that bites someone in a public place, or lawfully in a private place including the owner's property, is liable for the resulting damages regardless of the dog's prior viciousness or the owner's knowledge of it. Cal. Civ. Code § 3342 Claims for injuries other than bites, such as being knocked down, may be brought under negligence or the "dangerous propensity" rule.
Deadline: generally two years. Cal. Code Civ. Proc. § 335.1
Arizona
A dog's owner is liable for damages to a person bitten in or on a public place, or lawfully in or on a private place including the owner's property, regardless of the dog's former viciousness or the owner's knowledge of it. A.R.S. § 11-1025(A) Courts may not consider a dog's breed in deciding liability. A.R.S. § 11-1025(C)
Deadline: a claim under the statute is a liability created by statute, which generally must be brought within one year. A.R.S. § 12-541(5) Negligence claims may have a two-year deadline, but do not count on it. Act quickly.
Common defenses
- Provocation: the owner argues the victim provoked the dog. Arizona's statute defines provocation by reference to A.R.S. § 11-1027.
- Trespassing: both statutes protect people who are in public places or lawfully on private property.
- Comparative fault, such as approaching or reaching toward a dog.
- Veterinarians and similar workers may face special rules in California under the "veterinarian's rule."
Who pays
Most dog bite claims are paid by the owner's homeowner's or renter's insurance, so a claim against a neighbor, friend or relative usually doesn't come out of their pocket. Landlords and others who controlled the dog may also be responsible in some circumstances.
Injuries and damages
Puncture wounds, lacerations, infections, nerve and tendon damage, fractures, and permanent scarring and disfigurement, especially facial scarring in children. Damages can include medical and plastic surgery costs, future scar revision, counseling for trauma, lost income and pain and suffering.
What to do after a dog bite
- Get medical care and ask about infection and rabies risk.
- Identify the dog and owner. Arizona requires the owner or caretaker to give their contact information to the person bitten. A.R.S. § 11-1025(B)
- Report the bite to local animal control.
- Photograph the wounds as they heal, and the location.
- Get witness names.
Dog bite FAQ
The dog never bit anyone before. Is the owner still liable?
In both California and Arizona, yes. The bite statutes apply regardless of the dog's history or the owner's knowledge.
How long do I have to file in Arizona?
A claim under Arizona's dog-bite statute may have to be filed within one year. A.R.S. § 12-541(5) Don't wait.
The dog belongs to a friend. Do I have to sue them?
Most claims are resolved with the owner's insurance company. A lawsuit, if needed, is generally defended and paid by the insurer within policy limits.
This page explains general rules of California and Arizona law. It is not legal advice, laws change, and every case depends on its own facts. Reading it or contacting the firm does not create an attorney-client relationship.
