NORRIS, Judge.
¶ 1 Under state statutes, a person "keeping" a dog for more than six consecutive days is considered the dog's owner and is strictly liable for any injuries and damages caused by the dog. The issue in this appeal is whether "keeping" requires the person to have exercised care, custody, or control of the dog. We hold it does.
¶ 2 In August 2007, Defendant/Appellee Charles Browne rented two rooms in his home to David Mayes and his wife. Mayes owned two dogs, including a Belgian Malinois named Joop. Mayes brought both dogs with him when he and his wife moved into Browne's home. Mayes was solely responsible for caring for the dogs.
¶ 3 On December 11, 2007, Browne left for work at 6:45 a.m. When he left, Mayes and Shasta Russell, Browne's live-in girlfriend, were at home. At some point that day, Mayes asked Russell, "Do you want me to leave [Joop] out [of his crate] so he can keep you company?" Russell responded, "Sure, yes." Later that day, Russell put Joop into the backyard. Joop escaped from the backyard and bit the son of Plaintiffs/Appellants Kevin and Anne Spirlong, who was riding his bike on a nearby city street.
¶ 4 The Spirlongs sued Browne, Mayes, and Russell. The Spirlongs alleged, as relevant here, that the three were strictly liable for their son's injuries under Arizona Revised Statutes ("A.R.S.") sections 11-1020 and 11-1025 (2012), statutes that impose strict liability on dog owners for injuries and bites caused by their dogs (collectively, "dog bite statutes").
¶ 5 Subsequently, Browne and the Spirlongs cross-moved for summary judgment, and as relevant here, contested whether, as a matter of law, Browne was Joop's owner under the dog bite statutes ("statutory owner"). The dog bite statutes define a statutory owner as "any person keeping an animal other than livestock for more than six consecutive days." A.R.S. § 11-1001(10) (2012).
¶ 6 The case proceeded to trial. After the parties rested, the court refused to dismiss Browne from the case, and denied his motion for judgment as a matter of law. The court then instructed the jury that it had already determined Browne was Joop's statutory owner.
¶ 7 Although the Spirlongs and Browne have raised a number of arguments regarding the applicability of comparative fault to the dog bite statutes, the dispositive issue before us turns on a different issue — whether Browne was Joop's statutory owner under A.R.S. § 11-1001(10). If he was not Joop's statutory owner, then as Browne argues, the superior court should have dismissed the statutory dog bite claims against him as a matter of law.
¶ 9 In construing a statute, our goal is to give effect to the intent of the Legislature. "We will give effect to each word or phrase and apply the `usual and commonly understood meaning unless the legislature clearly intended a different meaning.'" Indus. Common of Ariz. v. Old Republic Ins. Co., 223 Ariz. 75, 77, ¶ 7, 219 P.3d 285, 287 (App.2009) (quoting Bilke v. State, 206 Ariz. 462, 464-65, ¶ 11, 80 P.3d 269, 271-72 (2003)); see also A.R.S. § 1-213 (2002) (statutory language should be construed according to common and approved use of the language). Further, if the statutory language is not clear, we may consider other factors, including "the language used, the subject matter, its historical background, its effects and consequences, and its spirit and purpose." Wyatt v. Wehmueller, 167 Ariz. 281, 284, 806 P.2d 870, 873 (1991).
¶ 10 The word "keeping" has multiple common meanings. See The American Heritage Dictionary 957 (4th ed.2006) (listing 14 distinct definitions for the word "keep" when used as transitive verb). In the context of ownership of an animal, one common meaning is of particular relevance here: "To manage, tend, or have charge of." Id. This definition is also most consistent with the general legal definition of "keeping." As noted in Black's Law Dictionary 885 (8th ed.2004), a "keeper," is "[o]ne who has the care, custody, or management of something and who usu[ally] is legally responsible for it." These definitions suggest a construction of "keeping" that requires a person to exercise care, custody, or control over a dog instead of simply allowing a dog to stay in his or her home for six consecutive days, as the Spirlongs argue.
¶ 11 This construction is supported by other statutory language retained by the Legislature when it adopted the definition of "owner" in what is now A.R.S. § 11-1001(10). In 1975, the Legislature amended and enacted various animal control statutes. See generally 1975 Ariz. Sess. Laws ch. 164 (1st Reg. Sess.). Not only did the Legislature enact what is now A.R.S. § 11-1020, 1975 Ariz. Sess. Laws, ch. 164, at § 11, and the definition of "owner" we have today, id. at § 1, but it also amended the statute requiring county license fees for dogs. Id. at § 6. In amending the license fee statute, it retained the requirement that all dogs "kept, harbored or maintained" within the state must be licensed. Id. The Legislature did not, however, incorporate the words "harbor" or "maintain" or their derivatives, "harboring" or "maintaining," in the definition of "owner." Instead, it restricted the definition of "owner" to a person "keeping an animal." By restricting the definition of "owner" to a person "keeping an animal" and not expanding it to include a person harboring or maintaining an animal, we conclude the Legislature was attempting to distinguish between keeping an animal and harboring (or maintaining) an animal, which, as we discuss below, see infra ¶ 17, occurs when a person simply provides a place for an animal to stay. Cf. Alejandro v. Harrison, 223 Ariz. 21, 24, ¶ 8, 219 P.3d 231, 234 (App.2009) (when drafters of a statute include particular language in one part of a statute, but not in another part of the statute, courts should not read "that language into the portion of the statute or rule from which the particular language has been omitted.").
¶ 12 Our analysis also comports with Arizona's approach to dog bite liability under
¶ 13 Significantly, in reaching these conclusions, the court relied on a number of cases recognizing that a head of a household may be liable for injuries caused by a dog if he or she permits a relative such as a spouse, son, or in-law who exercises care, custody, or control of a dog to live in the household, as a member of the family. Put more colorfully, these cases recognize that in such a situation, the head of the household has essentially taken or accepted the dog into the home as a four-footed member of the family. When, however, a person merely permits another individual who owns a dog to live on his or her property but does not include or treat the other individual as a member of the household, that person is not liable for injuries caused by the other individual's dog. Although Perazzo predated Arizona's dog bite statutes by decades, its reasoning and the cases it relied on are consistent with our construction of the word "keeping" and our conclusion that a person does not keep a dog unless he exercises care, custody, or control over it.
¶ 14 Further, under the dog bite statutes a statutory owner is strictly liable for injuries caused by a dog. Massy v. Colaric, 151 Ariz. 65, 66, 725 P.2d 1099, 1100 (1986) (discussing prior versions of A.R.S. §§ 11-1020 and 11-1025). In contrast to the common law, a plaintiff asserting a statutory dog bite claim does not need to show the defendant knew or should have known the dog had dangerous propensities abnormal to its class. James v. Cox, 130 Ariz. 152, 153 n. 1, 634 P.2d 964, 965 n. 1 (App.1981). And, unlike the common law, the statutory owner will bear liability for injuries caused by a dog even if he exercised utmost care to prevent any harm. Id. at 154, 634 P.2d at 966. Given the effects and consequences of strict liability in this context, construing "keeping" as requiring care, custody, or control of a dog allows the defendant an opportunity to assess whether the dog presents a risk he or she is willing to accept.
¶ 15 The Spirlongs argue, however, that because the dog bite statutes are designed to protect the victim, they impose what should be viewed as a form of absolute liability and we should, therefore, construe "keeping" broadly to include anyone who "houses" a dog. As discussed, the dog bite statutes impose strict, not absolute liability, see supra ¶ 14. Johnson ex rel. Johnson v. Svidergol, 157 Ariz. 333, 335, 757 P.2d 609, 611 (App. 1988) (discussing what is now A.R.S. § 11-1025; statutory owners are strictly liable for injuries caused by their dogs, but "strict liability does not mean absolute liability"). Further, if the Legislature had intended to extend liability to anyone who "houses" a dog, we presume it would have used language expressing this intent so that individuals would be able to appreciate the risk they are assuming in doing nothing more than this. Cf. Murdock v. Balle, 144 Ariz. 136, 138, 696 P.2d 230, 232 (App.1985) (predecessor to A.R.S. § 11-1025 is in derogation of the common law and is subject to "strict, literal construction").
¶ 16 In Trager v. Thor, 445 Mich. 95, 516 N.W.2d 69 (1994), the Michigan Supreme Court recognized that to be equitable, strict liability for dog bites should not be imposed unless the liable party has been given an
Id. at 73.
¶ 17 Our construction of "keeping" is also consistent with other courts that have considered and interpreted the same or similar statutory terms. For example, Minnesota defines an "owner" as including any person who either harbors or keeps a dog. Minn. Stat. § 347.22 (1986). The Supreme Court of Minnesota explained the distinction between the two concepts:
Verrett v. Silver, 309 Minn. 275, 244 N.W.2d 147, 149 (1976). Additionally, in Pawlowski v. American Family Mutual Ins. Co., 322 Wis.2d 21, 777 N.W.2d 67 (2009), the Wisconsin Supreme Court construed Wisconsin's dog bite statute that, like Minnesota's statute, defines an "owner" as including any person who "harbors or keeps a dog." The court explained those words were not synonymous, and that "keeping" required the exercise of some measure of care, custody, or control while "harboring" simply required giving shelter or refuge to a dog. Id. at 73.
¶ 18 Applying the foregoing principles, we hold the definition of "keeping" under the dog bite statutes requires a person to exercise care, custody, or control of a dog. Whether a person has exercised sufficient care, custody, or control to be a statutory owner of a dog will generally present an issue of fact and will depend on the facts and circumstances of the particular case.
¶ 19 The superior court concluded the "keeping" requirement of the statutory definition of "owner" could be satisfied by evidence that a defendant merely allowed a dog to live on property the defendant controls. We disagree. Such evidence, without more, would shift the meaning of "keeping" from the care, custody, or control of the dog to the care, custody, or control of the property.
¶ 21 For the foregoing reasons, we affirm the judgment entered by the superior court in Browne's favor. As the prevailing party on appeal, we award Browne his costs on appeal contingent upon his compliance with Arizona Rule of Civil Appellate Procedure 21.