Arizona Dog Bite Law: A.R.S. § 11-1025 Strict Liability — No "One Bite" Rule

Arizona vs. "One Bite" States

Many states follow a common law "one bite" rule, which means a dog owner is only liable if they knew or should have known the dog had vicious tendencies — usually because the dog had previously bitten someone. Under the one-bite rule, the first victim essentially gets nothing because the owner can claim they had no reason to anticipate the attack.

Arizona abolished this approach entirely. A.R.S. § 11-1025 creates strict liability for dog bites — the owner is responsible for the first bite just as much as the tenth. There is no requirement that the owner knew the dog was dangerous. Ignorance of the dog's tendencies is not a defense.

What A.R.S. § 11-1025 Actually Says

The statute reads: "The owner of a dog which bites a person when the person is in a public place or lawfully in or on a private place… 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."

The two key elements for strict liability are:

• The person was bitten — physical contact causing injury
• The person was lawfully present — in a public place (street, park, sidewalk) or on private property with permission (visiting a friend, a delivery driver doing their job, a mail carrier)

Note that strict liability under § 11-1025 applies specifically to bites. If a dog knocks someone over without biting, the victim would need to prove negligence (a different, harder standard) rather than relying on the strict liability statute.

Defenses Available to Dog Owners

Despite strict liability, Arizona law recognizes several defenses that can reduce or eliminate an owner's liability:

Provocation

If the victim provoked the dog — hitting it, teasing it, or startling it in a way that would cause a reasonable dog to bite defensively — the owner may have a complete or partial defense. Courts look at whether the provocation was intentional and whether it would predictably cause a bite. A child who accidentally stepped on a dog, for example, likely did not "provoke" it in the legal sense.

Trespassing

Strict liability only applies when the victim was "lawfully in or on a private place." A burglar bitten while breaking in cannot sue under § 11-1025. However, "lawfully present" is interpreted broadly — it includes mail carriers, utility workers, guests, delivery drivers, and anyone else with an implied or express right to be on the property.

Comparative Fault

Under Arizona's pure comparative fault system (A.R.S. § 12-2505), a victim's own negligence or provocation can reduce the owner's liability proportionally. If a jury finds the victim 30% at fault for antagonizing the dog, damages are reduced by 30%.

"Beware of Dog" Signs

A common misconception: posting a "Beware of Dog" sign does NOT shield an owner from strict liability under Arizona law. The sign might be used to argue the victim was warned and therefore assumed some risk, but it is not a complete defense.

What Damages Can a Dog Bite Victim Recover?

What to Do Immediately After a Dog Bite in Arizona

Filing Deadline — 2 Years Under A.R.S. § 12-542

Dog bite claims fall under the general personal injury statute of limitations: 2 years from the date of the bite under A.R.S. § 12-542. If you were bitten by a dog owned by a government employee or on government property, the 180-day Notice of Claim requirement under A.R.S. § 12-821.01 may apply.

Don't wait. Evidence degrades, witnesses become unavailable, and insurance adjusters become less cooperative as time passes. An attorney can typically handle dog bite cases on a contingency fee basis — no out-of-pocket cost to the victim.