Toney v. Bouthillier

OPINION

JACOBSON, Judge.

Three main issues are raised in this appeal: (1) whether the actions of a three- and-one-half-year-old child can constitute provocation for purposes of a defense to liability for a dog bite pursuant to A.R.S. § 24-523; (2) whether there are disputed issues of material fact precluding summary judgment; and (3) whether A.R.S. § 24-378 imposes strict liability for injuries caused by dogs running at large and disallows provocation as a defense.

The pertinent facts of this case are as follows. On September 13, 1976, Eugenia Toney, then three years, and eight months of age,…