Utah Statute on Dog Bites
Utah has a pretty basic legal framework for dog bites. Unlike some other states who have "one-bite" rules, Utah follows a principle known as strict liability.
Strict liability means that the dog owner is responsible for the dog’s bite even if they did not know about the aggressive or vicious nature of their animal. Like other states, this does not mean that an attack dog owner will be strictly liable if someone enters their yard without permission and tries to attack them.
In Utah, there is usually a 4 year statute of limitations for personal injury , so a victim has a time limit of 4 years to pursue a claim against a dog’s owner in the state. Regardless of the dog’s breed, if it attacks someone, the owner can be held responsible if the victim can prove that their injuries were a direct result of the attack.
Even beyond personal injury, dog owners can be held responsible for an injury someone suffers while trying to avoid being attacked. Utah dog bite laws are favor of the victim, so if a dog attacks someone because their owner was negligent, the victim has rights. This can be true if the owner of the dog failed to restrain their animal, or if their dog got loose out of their yard.
Statutory Strict Liability for Dogs in Utah
The strict liability rule is one of the few dog bite laws that give defendant dog owners very little leeway in animal injury cases. Basically, the strict liability rule states that a dog owner is responsible for injuries sustained by an individual who has provably been injured by the dog without any provable extenuating circumstances. Unless the dog owner can prove that the injured person’s presence on the dog owner’s property was illegal, or that the dog was responding in a manner that would be expected from dogs who are threatened, then the dog owner is liable for the injuries caused by the dog.
For the dog owner in Utah, this rule can be a terrifying burden because it essentially leaves out any type of determination as to who is "at fault" in the injury, and only leaves room for the dog owner to attempt to prove that they had no choice in the matter. This means that if a child is bitten by a dog and they were playing roughly with the dog and the dog gets overexcited, the dog owner could still be found liable even if the child was clearly in the wrong.
Fortunately, for the victim of the dog attack, the strict liability rule can be a huge boon. If the victim was acting legally when injured, the dog owner is fully responsible for all of their injuries, including any medical treatment that might be needed for the injuries.
Defenses to Dog Bite Liability
Countless claims arise after a dog attacks a person or damages property. Often, these claims involve the simple question of whether the victim is legally entitled to recover for his or her damages. However, a number of defenses against dog bite liability exist. The defenses available depend on the facts and circumstances of each case. Here are some examples of common defenses:
Provocation
A common theme found in many state laws (including Utah) relating to dog bites is that a victim must not provoke the dog to bite him or her to receive compensation. In other words, if the dog victimizes someone who was doing something to provoke the dog, then the claim may fail. The victim may have engaged in provocation by teasing or harassing the dog in some way. Accidental provocation often occurs because the dog associates the victim with the teasing or harassment (even though the victim was not doing it). The provocation creates an exception or defense to the dog owner’s liability for negligence or strict liability.
Trespassing
Another common defense to dog bite liability is the trespassing defense. In general, the laws of most states, including Utah, do not allow for recovery of damages related to a dog bite when the victim was trespassing on the dog owner’s land. So, if the victim was trespassing on the dog owner’s land where the dog bit the victim, the trespassing defense could be raised.
What To Do If You’re Bitten By a Dog
Steps to Take After a Dog Bite Incident in Utah
The recommended protocol for a dog bite victim starts at the scene of the incident and continues after medical care is received.
As with any injury, your health must come first. After you are bitten, your number one priority should be to seek immediate medical care. An injured party should always follow-up with his or her doctor to monitor the bite for signs of infection. Some of the more common signs of infection include pus and increased redness around the injury. Even if the injury doesn’t appear serious, it is still critical to seek immediate medical attention. This is especially true if the injured person is a child, who will not necessarily communicate his or her discomfort clearly. A thorough examination by a medical professional can ensure that no serious damage went undetected.
You should definitely seek medical attention if you experience any of the following:
If your wound is serious enough to require stitches, there is a good chance that the doctor will also administer a tetanus booster and a rabies vaccination. Be sure to ask about these vaccines when you are seen, as they are very important.
After you have visited your doctor, you should IMMEDIATELY report the attack to local law officials. This is not only for your own protection – but because it can help ensure that the dog is appropriately identified and reported as a potentially dangerous animal. It is a violation of Utah law to withhold identifying information about a dog and its owner, such as names, phone numbers, and/or the whereabouts of the owner. Bear in mind that the dog’s owner may attempt to sacrifice blame to your victimization. It is critical to report the incident to the authorities to prevent further injuries to you and others. Consider taking the following steps:
Note the location of the victimizations and be specific in your reports to the police. You should also consider taking photographs of the scene and your injury.
You may also choose to file a formal complaint with Animal Control. The complaining party has the right to obtain the name and contact information of the offending dog’s owner from Animal Control.
We are aware of the difficulty in notifying law enforcement authorities, especially when the dog’s owner is elusive. However, the police are obligated to investigate the incident as soon as they receive a complaint.
The next step should be to consult a personal injury attorney to discuss your case. An attorney will have the knowledge and skill to make certain that your rights are protected in any potential legal action. A personal injury attorney will also be aware of all of the current dog bite laws in Utah.
How Dog Bite Victims Recover for Injuries
How Victims Can Seek Compensation for Injuries from a Dog Bite in Utah
The first step after being bitten by a dog is to seek medical attention. Your health comes first, but after you’ve been cleared and received appropriate treatment, next comes securing compensation for your damages related to being bite by a dog.
Fortunately, Utah has a strong legal framework pertaining to the liability of dog owners whose animals bite and injure other parties. In fact, Utah is one of a minority of states where dog owners are "strictly liable" if their pet encounters or bites a person or a domestic animal that results in injury. That means that regardless of whether the owner is aware of their animal’s propensity for aggression and biting or not, they are liable for the resulting injuries.
That being said, there are a couple of exceptions to Utah’s liability laws:
If you are unable to recover compensation through insurance, filing a civil lawsuit could help you recover at least some of your damages.
It’s worth noting, however, that if you know an animal is dangerous, such as "Rex" and his leash that always snaps off at the worst moment, and you take no steps to adequately protect yourself, you may be liable for your own damages . The amount you can claim may be reduced by your own contributory negligence.
Utah law allows victims of dog encounters and bites to seek compensation for their medical expenses, lost wages, and pain and suffering, among other damages. It’s important to note that damage caps do not apply to dog bites in Utah, which means that there is no limit on the compensation a dog owner must pay for injured parties’ damages.
If your injuries are serious enough to render you disabled or disfigured, you may seek compensation for the extent to which the injury limits your physical abilities and quality of life.
If you’re bitten by a dog, your first step is to seek medical treatment. Once you receive treatment, Utah’s strict liability dog-bite laws come into play and you can file a claim with what is likely the dog owner’s homeowner’s insurance policy. Many homeowners carry this type of insurance to guard against liabilities such as dog bites. If you are unable to recover the amount of compensation you need for your damages, filing a civil lawsuit may allow you to recover some, if not all, of the damages.
Role of Animal Control and Local Government
The investigation of dog bites and other animal attacks is handled by local animal control agencies as well as other authorities, including the police. These agencies determine if Utah’s "dangerous dog laws" have been violated. Animal control officers will respond to reports of serious animal bites to determine the facts and enforce animal ownership laws. Animal control may consider "re-homing" or placing the dog with a rescue organization.
In the event of a dog bite, dog control officers visit the scene to determine the cause of the bite. Canine behaviorists employed by the department may investigate the situation; problems frequently arise from dogs’ perceived treatment by others. The dog may be returned to a place of captivity if dog control officers determine that a dog bite is within the dog’s rights to self-protection of person, property or territory. The handling of dog attacks by local officials is done as a matter of local law, which means that existing ordinances and laws are strictly applied, rather than relying on state laws.
In most localities, enforcement of existing ordinances prohibiting vicious and dangerous dogs is left to the animal control department, which is responsible for issuing "dangerous dog" licenses. In many areas of Utah, dangerous dog ordinances require owners to license their animals annually.
All animals that are presumed dangerous must be licensed. If an animal has a history of causing severe injury to the human population or domestic animals, it may need to be euthanized, removed from the area or restrained. This may include a potentially dangerous animal that has bitten, attacked or caused injury or death to a person or domestic animal. If not, it may be euthanized or placed in a state approved animal shelter. If the animal cannot be placed at the shelter, it must be euthanized within 7 days of the attack. If the animal is euthanized, it should be tested for rabies.
Other restrictions that may be placed on an animal include confinement or fencing requirements. Fencing requirements are not the same as leash law violations, which are not considered to be dog bite injuries.
History of Dog and Owner Crucial for Liability
Impact of History of Dog-Bite Incidents on Liability in Utah
When determining whether you have a liability claim on behalf of an individual bitten by a dog (canine), a major factor that comes into play is whether the dog has been involved in other bite incidents. Although prior bite history does not affect liability if the dog’s owner has been negligent, it can have a wide-ranging impact if the dog has attacked an innocent victim under circumstances that would establish a violation of a statute or city ordinance.
Given Utah’s mandatory reporting of dog bites to the county health departments , it is possible to obtain this information and any history of a dog’s propensity to bite victims. Therefore, your attorney should immediately obtain the county health department’s records to determine whether there is a history of prior bites or attacks involving that particular dog. This is also an important area to investigate early on for defense counsel, as such information will certainly be used against an injury victim at trial to reduce or eliminate any recovery whatsoever.