An Overview of Dog Bite Laws in Utah
The fundamental legal principle that governs dog bite claims is strict liability. In other words, under Utah dog bite laws, dog owners are responsible for the damages their animals cause, even if the animals have never exhibited aggressive behavior and no general breed prohibition applies. Here is what you should know about the relevant statutes:
Section 18-1-1.1
The law that defines how dog bite cases will be handled in Utah is found at section 18-1-1.1 of the Utah Code. Specifically, the statute covers the owner’s right to incur liability for the damage his or her dog causes another person.
This statute makes it clear that the owner of a dog shall be held strictly liable for the damages inflicted by the animal, regardless of whether the animal has previously acted aggressively or not. Although dogs should be properly restrained when in public, the law does not require this if the dog is in an enclosed space such as the family yard.
Section 18-1-1.2
Section 18-1-1.2 of the Utah Code contains the definition of a dangerous dog. Broadly speaking, it is a dog that has previously attacked or bitten an animal or human. The statute provides that the victim cannot be trespassing , provoking or abusing the dog when the animal attacks.
Section 18-1-1.6
Section 18-1-1.6 of the Utah Code addresses dogs that are considered to be "potentially dangerous." The statute notes that the animal must exhibit at least two of the following behaviors to be classified as "potentially dangerous": The victim must not have been trespassing contrary to law, provoking or physically abusing the animal at the time of the incident.
Section 18-1-1.7
This portion of the Utah Code provides a definition of a "vicious dog." Notice that the definition contains the same three criteria as the potentially dangerous statute noted above. The only difference is that the vicious dog will have either seriously injured or killed a human or domestic animal.
Section 18-1-1.4
This portion of the Utah Code defines what is considered a dangerous dog. This statute provides that the animal must demonstrate either of the following behaviors:
Many dog owners are shocked to learn the full scope of their liability for dog bites. If you or your child has been bitten by a dog, you must seek the assistance of an attorney without delay. In these cases you must bring suit within one year of the date of the injury.
Strict Liability v. One Bite Rule
Strict liability is a concept in tort law that essentially means that a defendant is automatically held liable for damages arising from their actions. In the context of dog bites, strict liability means that if a dog bites someone (and the victim didn’t provoke the dog), the owner is automatically liable. The owner can’t say that they didn’t realize their dog had the potential to harm someone, or that their dog didn’t bite anyone before, to avoid liability.
In Utah, strict liability was an easy choice as a standard for compensating dog bite victims. As the Utah Supreme Court stated in its 1994 decision in Long v. Baird: "A dog’s owner is vicariously liable for damages caused by the dog’s conduct because dogs are specifically dangerous animals."
However, what does it actually mean for a lawyer or client? In short, in Utah, if Jake’s Doberman bites Beth, and Beth suffers physical injuries as a result, then Jake is automatically responsible for Beth’s medical expenses, even if it’s the first time his dog has bitten someone. That is not the case in every state.
California, for example, has adopted the "one bite" rule as its standard. In Morresi v. Quintanar, the California Appellate Court stated that "A dog owner is strictly liable only for past behavior where the owner knew or should have known of the animal’s dangerous propensities. If neither the owner nor any of his household members had knowledge of a dog’s dangerous proclivities then it is said the dog may have ‘a first free bite’ and is not vicious."
By and large, Utah courts have adopted the "strict liability" standard for dog bites. It’s important to verify how your circumstances relate to the law in Utah.
Victim’s Rights Under Utah Dog Bite Laws
If you have suffered a dog bite in Utah, you may be able to pursue compensation for your injuries. The dog owner is often considered liable, as long as they failed to restrain their dog, or it bit you during a trespass. Even if they had no control over their dog, they may still be held liable in some cases. On the other side of the coin, if a dog bites you on property that you do not own and it is uncertain whether or not the property owner is liable for what happens on their property, then you may not be able to receive restitution from the owner. The issue can sometimes lie in interpreting the law regarding liability and property ownership, but in the end, you should still contact a Utah dog bite attorney to review the details of your case.
Defenses to Dog Bite Lawsuits
In the majority of dog bite cases, defenses are rarely needed. After all, even the most responsible owners can usually spur a dog to bite if he or she is careless. Owner negligence, however, is not always present. When it is not, dog bite lawyers in Utah know that defendants may invoke defenses such as provocation and trespassing, among others.
Provocation
While no dog will bite unless provoked by some stimulus, most courts in Utah are willing to let juries determine what constitutes sufficient provocation for the purposes of denying liability. In a dog bite case, a jury may ask the following questions:
Trespassing
Like the provocation defense, this one is also one that juries get to decide in Utah. Defendants must show, however, that plaintiffs either knew the animal would be present or could have reasonably foreseen its presence. Additionally, simply taking the path of least resistance when faced with aggressive barking from a dog is not, in and of itself, evidence of trespassing. Instead, plaintiffs must have actually entered the property without permission or knowledge that the animal was present.
Trespass is slightly different from provocation in that a trespasser might still come away with a minor dog bite injury even when the animal is on its master’s property. When this happens, is a trespasser comfortable with naming the defendant as the negligent party? Oftentimes, it’s tough to say. The case law is not entirely clear on whether trespass will excuse the master from liability for dogs who injure plaintiffs when they invade their domain, so it’s best to consult with an attorney experienced in dog bite law if you’ve been bitten in this type of situation.
Violence and Work-Related Exclusions
Utah courts have returned verdicts denying compensation to plaintiffs bitten by dogs only because they were engaged in work and/or violence at the time of the attack. This means that if you were savagely bitten by a home defense dog while trying to gain entry to the owner’s home, you won’t be able to collect damages if you were doing so in a way that suggested you were trying to break into the house. Similar verdicts were returned against two nurses who were bitten while attempting to restrain a violent patient in the hospital.
Can You Afford to Take the Chance?
Whether you have standing to bring a dog bite claim depends upon your role in the situation. If, like in the examples above, you were a trespasser, you’ll most likely need to prove that the owner was negligent in order to collect damages. Only certain individuals, such as children under 5 and adults in caretaker roles, can produce evidence of strict liability. Of course, you could also win your case without proving negligence or fault but this only applies to particulalr breeds of dogs in a few states, not in Utah. Owners of certain breeds may find it difficult to avoid liability for dog bites on premises that they own or control.
What To Do After a Dog Bite
If you’ve recently been a victim of a dog bite, you may not know what to do next. We have answers for you here, in the following step-by-step guide:
Step 1: Seek Medical Attention
The very first thing you should do after a dog bite is to visit a medical professional. In fact, you may even want to go to the nearest emergency room if you’re in serious pain. Do not skip this very important step.
A skilled physician will determine how serious and/or deep your wounds are. Immediate medical attention will also allow you to document the incident with photos, x-rays, scans and other tests.
Most importantly, prompt medical attention for your injuries will reduce your risk of developing infections. It’s most common for dog bite victims to contract rabies, tetanus and staph infections. The longer you wait to visit a doctor, the more likely it is that the disease that resulted from the dog’s bite will turn into something life-altering for you.
Step 2: Create Photographic Evidence
Snap as many photos at the scene of your dog bite as possible before the relevant evidence interferes. Get images of the wounds, the area around the wounds, and the animal if it’s still there. Getting evidence from every angle is critical to your case’s success later on.
Step 3: Call the Police
Even though you call the police after a dog bite to get help in case your injury is severe and requires an ambulance, you also want to file an official report with your local authorities about the incident. This way, you’ll have a record that may benefit your court case later on. The police are also tasked with finding the animal that bit you . In some cases, you’ll only need to complete your state’s animal bite report (you should contact someone in your local animal control campaign for more information). The animal control department will be in charge of determining whether the animal that bit you is a danger to others and how it may be contained appropriately if necessary.
Step 4: Document All Events
From the moment of your dog attack on, try to keep your facts straight by writing them down on your phone or tablet. It would be best to keep a small notebook handy for this purpose.
Here are the details of the entire incident you should try to recall in chronological order:
– The time and date of the dog attack
– The exact location of the attack (Including nearby businesses, which may have video footage of the incident.)
-The names of any witnesses, i.e., passersby, relatives, or friends
-How the injury happened
– The name of the dog’s owner, if it was on a leash or contained in a fenced area and if a child or adult was with the animal at the time of the attack
– Any unusual sights, sounds, or smells surrounding the attack
These details may fade from memory the longer you wait. That’s why this record of events is so important.
Step 5: Get Legal Help
Getting legal help shouldn’t wait until after you finish all of your steps above. Instead, once you’ve visited a doctor, taken photos, called the police, and documented the event, you should seek out legal assistance for your dog bite.
Just like what happens if you don’t visit a doctor after a dog bite, waiting too long to hire a lawyer can hurt your case. Most states have a limited window of time in which you can file your claim. Once the clock runs out, so does any chance of receiving a fair settlement for your injuries.
Suing for a Dog Bite in Utah
Filing a dog bite lawsuit in Utah generally starts with filing a premises liability or negligence lawsuit against the dog owner. You need to identify who was in control and/or owned the property at the time of the incident before you can file a lawsuit. If identifying this person proves difficult, reach out to your premises liability attorney in Utah to help you. Your attorney will likely have investigators they can send to speak with neighbors and witnesses about who the owner or property manager of the home was at the time of the attack.
In Utah, if you were authorized to be on the property at the time of the dog bite, such as being a guest or invited visitor, then you have standing to file a claim with the insurance carrier to receive compensation for your injuries. Speaking with your Utah dog bite lawyer can prepare you for what’s likely to be a long process of sitting down with adjusters with the insurance company to make statements about the incident and who is responsible for the claim.
Your dog bite lawsuit needs to be filed within four years of the date of the accident that caused your injuries. This statute of limitations exists to force injured persons to file their claims in a reasonable period of time after they suffer their injuries and damages. If you wait longer than four years to file a claim, you will likely be barred from recovering money for your injuries and damages.
Utah dog bite law allows victims to collect compensation for their medical bills, pain and suffering, lost wages, permanent impairment, loss of enjoyment of life, property damage, and mental and emotional distress. The way you collect this compensation is through negotiations or formal lawsuits.
Compensation for Utah Dog Bite Claims
As with dog bite cases elsewhere, Utah law affords victims the right to file a personal injury claim and recover compensation when a pet owner’s negligence leads to significant injury. The precise nature and extent of damages available in connection with a utah dog bite will vary depending on the circumstances of each case but, for most victims, the following categories of compensation may be recovered:
Medical Expenses
In any situation where you are dog bitten you’re likely to sustain some type of physical injury. Whether the injuries are minor or catastrophic in nature, you will likely incur medical costs in your attempts to recover. You may also face rehabilitation and other future medical expenses. Some may not come to mind right away, but many types of expenses may fall into this category. Here are just a few of the more common medical expenses related to dog bites:
Lost Wages
Your ability to recover compensation for lost wages depends on the value of any work income you’ve lost due to your injury. If you injured on the job you may also be eligible for Workers’ Compensation benefits. However , when you have filed a workers’ compensation claim for an injury from a dog bite in Utah I want you to understand you cannot sue your employer about that injury. Otherwise, in addition to lost work time you may also be compensated for lost wages for any work you’re unable to perform in the future.
Pain and Suffering
Some injuries heal without permanent damage. Others — like broken bones or nerve trauma — can cause a lifetime of pain and loss of function. Psychological trauma and emotional pain may also be factors, including PTSD, anxiety, and general emotional distress.
In a utah dog bite claim, there is no "set amount" for various types of pain and suffering. Instead, the determination of compensation depends on the strength of the evidence and convincing the jury that your pain is real, and was caused by the injury sustained as the result of a dog bite.