dog bites;
defense
DP |
Committee on Judiciary |
|
|
w/d |
Committee
on Retirement & Government Operations |
|
|
DP |
Committee on Financial Institutions & Insurance |
|
|
dp |
Caucus and COW |
|
|
dp |
Third
Read |
|
|
x |
As
Transmitted to the Governor |
|
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.
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.
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.