House of Representatives

HB 2251

dog bites; defense

Sponsors: Representatives Brotherton: Voss, Weason, Senator Verkamp

DP	Committee on Judiciary
w/d	Committee on Retirement & Government Operations
DP	Committee on Financial Institutions & Insurance
dp	Caucus and COW
x	Third Read
	As Passed the House

HB 2251 states that the issue of the defense of provocation at a trial for damages shall be determined by whether a reasonable person would expect that the plaintiff’s conduct or the circumstances would be likely to provoke a dog.

Current Status

HB 2251 passed the Judiciary Committee unamended. HB 2251 passed the Financial Institutions and Insurance Committee unamended.

History

Arizona law generally makes a dog owner liable for damages if the dog bites another person. Section 11-1027 of the Arizona Revised Statutes allows proof of provocation of the attack by the plaintiff to be a defense to the action for damages.

Provisions

Ø Specifies that the issue of provocation at a trial for damages shall be determined by whether a reasonable person would expect that the plaintiff’s conduct or the circumstances would be likely to provoke a dog.