ARIZONA STATE SENATE
Phoenix, Arizona
dog bites; defense
Clarifies that if a defendant’s dog attacks another person, the legal defense of provoking a dog to attack will be judged by whether a reasonable person would expect that the conduct or circumstances would be likely to provoke a dog.
Background
Current law states that if a dog bites a person when the person is in a public place or legally in a private place, the dog’s owner is liable for damages suffered by the person bitten. Dogs used in military or police work are exempted in some situations. Whenever an animal bites a person, any person having direct knowledge of the attack must report the incident immediately to the county enforcement agent, and a trial for damages may be held. At trial the animal’s owner can claim as a defense that the injured person provoked the animal to attack.
H.B. 2251 clarifies that provocation is established if a reasonable person would expect that the conduct of the person injured would be likely to provoke a dog. The reasonable person standard is used throughout Arizona statutes and case law.
Any potential impact on the state general fund is undetermined at this time.
1. Stipulates that a dog owner’s defense of provocation must be determined by whether a reasonable person would expect that the victim’s conduct or circumstances would be likely to provoke a dog.
2. Provides for a general effective date.
JUD 1/29/02 DP 8-0-0-2
FII 2/13/02 DP 10-0-0-0
3rd Read 3/26/02 38-20-2-0
Prepared by Senate Staff
March 28, 2002