Legal Question in Real Estate Law in Arizona

Dog Bite

Long story short, my neighbor stuck her hand thru a 3 inch slot in the fence where our adjoining wooden fence meets the back block wall. When she did our Chow and her large dog were acting aggressively towards each other. In sticking her hand between the dogs she was bit by our dog when she went to push our dog off hers. Both dogs were in their perspective yards and their ''dispute'' occurred at the property line. She is threatening to sue for medical expenses, a new fence put up, time off work, & mental anguish. Right after we quarantined our dog for 10 days for monitoring which cost $500. We have put up 7/8 of the new fence (my fianc� works out of town and we have not been able to complete the fence, the remaining portion is behind a gated area where the dogs can not get to). And we have sent her a check for $200 for medical expenses (she has not cashed it). My questions are: Can she sue for having put her hand thru the fence technically on our property. Isn't the cost of an adjoining fence being put up supposed to be split by both neighbors? Does she have any claim to mental anguish? Even though we sent her a check for her medical bills in good faith, she has not cashed it, did we have to pay them? What are we responsible for?


Asked on 6/21/01, 1:11 am

2 Answers from Attorneys
Richard Nye Richard Q. Nye, Ltd.

Re: Dog Bite

The owner of a dog is liable if the dog bites unless the person pervoked the dog or was on your property without permission.

Check to see if there is something stated in the Conditions and Restrictions for your subdivision (recorded with the County Recorder).

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Answered on 6/29/01, 2:05 pm
Debra Palomino PALOMINO LAW FIRM, P.C.

Re: Dog Bite

Arizona has a strict liability statute covering dog bites. However, a complete defense to this statute is when the dog is provoked by the victim. In your situation, your neighbor knew the dogs were fighting therefore she knowingly put herself at risk and could have foreseen that her actions could further provoke the existing fight. Further, she entered into your property which was then protected by your dog. Given this scenario, I do not believe you would be liable for anything. You should contact your home owner's insurance company for this claim.

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Answered on 6/29/01, 5:40 pm


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