Dog Bites Landscaper! (What should you do?)
If a client's dog bites you, a landscaper, the first thing to do
is seek medical attention! After receiving medical care, you might
want to think about this: who should pay for medical care? In most
cases, the dog's owner will be liable for damages, but that will
depend upon a couple of factors.
State law provides that:
The owner of a dog which bites a person when the person is in or
on a public place or lawfully in or on a private place, including
the property of the owner of the dog, is liable for damages
suffered by the person bitten, regardless of the former viciousness
of the dog or the owner's knowledge of its viciousness. A.R.S.
ยง11-1025.
Under this law a dog owner is "strictly liable" for his dog's
attacks or bites, whether the dog is in its own yard or running
wild in the neighborhood, so, in most cases, the dog owner will be
liable for dog bites. However, "strict liability" does not mean
that the dog owner is liable no matter what. The dog owner has
"defenses" if you are trespassing when bitten (i.e. not "lawfully"
on private land), or if you somehow "provoked" the dog into
attacking you. So, if you kick a sleeping dog while you are
trespassing on private land, the owner probably won't be liable for
damages, but the owner cannot escape liability by arguing that you
were careless about getting too close to the dog (negligent) or
that you "assumed the risk" because a sign that said "Beware of
Dog." Keep in mind, you may need witnesses or photographs of the
scene to prove that you were not trespassing and that you did not
provoke the dog.
What if no-one will admit to being the dog's owner? In that
case, it is important to have witnesses from the neighborhood who
can answer the question "Who let the dogs out?!" Another part of
the state law says that the "person responsible for the dog" is
liable for "injury to person" or property damaged caused "by a dog
while at large." This strict liability statute may apply to anyone
who has been feeding and caring for the dog.
Keep in mind, because these laws are part of the state code, you
would have to file a lawsuit within one year of the dog bite. If
you wait any longer than that, the court probably will not let you
use the "strict liability" law.
There is an older law about dog bites, which is part of the
"common law" established by judges instead of by the State
Legislature. It is a bit more complicated, but a person can file a
lawsuit within two-years from the date of the attack to recover
damages, as opposed to the 1-year statute of limitations for the
"strict liability" law. Under the common law, a dog owner must know
that his dog is "vicious" before that owner is legally responsible
for the dog's attack or bite. As a practical matter, under the
common law, every dog gets "one free bite" before the owner becomes
liable to the dog's victims. A person who is bitten must prove that
the dog bit someone at least one time before, and that the owner
knew about it, before the bite victim can force the owner to pay
for medical costs or pain and suffering resulting from the bite.
However, if an owner keeps a dog after the dog attacks or bites a
person, the owner might have to pay extra damages, called punitive
damages, to the victim of a second bite. That owner might be forced
to pay several times more than medical costs and pain and
suffering. Of course, it is much harder to prove that a dog has
already taken "one free bite" out of a person, so it is usually
better to make claims under the strict liability statute within one
year of the bite.
Most homeowner's insurance policies provide some coverage for
dog bite damages. Because of that, there is a good chance that, if
a landscaper is bitten, a homeowner's policy will be required to
pay for medical costs and pain and suffering. However, insurance
companies are likely to argue about whether medical bills are real
and reasonable. It would be a good idea to make sure that the
treating doctor takes specific and substantive notes about the
injury and the required treatment. Pictures of the injury also help
prove damages, and so do receipts for medical treatment, medicine,
and records of lost work time.
Finally, the county animal control department is very interested
in knowing about dog attacks. In an effort to track and prevent a
rabies outbreak in the Valley, the law requires that all dog bites
be reported. If you seek medical attention upon being bitten, the
provider should report the incident to the Maricopa County Rabies
and Animal Control, if you do not seek medical help, you must call
and report the incident yourself at (602) 506-PETS.