Utah Code 18-1-1. Liability and damages for dog injury — Exceptions
Current as of: 2024 | Check for updates
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(1)
Terms Used In Utah Code 18-1-1
- Arrest: Taking physical custody of a person by lawful authority.
- City: includes , depending on population, a metro township as defined in Section
10-3c-102 . See Utah Code 68-3-12.5 - Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Town: includes , depending on population, a metro township as defined in Section
10-3c-102 . See Utah Code 68-3-12.5(1)(a) Except as provided in Subsections (2) and (3), a person who owns or keeps a dog is liable for an injury caused by the dog, regardless of whether:(1)(a)(i) the dog is vicious or mischievous; or(1)(a)(ii) the owner knows the dog is vicious or mischievous.(1)(b) Damages for an injury described in Subsection (1)(a) shall be determined in accordance with Section78B-5-818 .
(2) Neither the state nor any county, city, or town in the state nor any peace officer employed by the state, a county, a city, or a town is liable in damages for an injury caused by a dog, if:
(2)(a) the dog and the dog’s law enforcement handler are trained to assist in law enforcement and are certified according to the standards adopted in Title 53, Chapter 6, Part 4, Law Enforcement Canine Team Certification Act;
(2)(b) the governmental agency has adopted a written policy on the necessary and appropriate use of dogs in official law enforcement duties;
(2)(c) the actions of the dog’s handler do not violate the agency’s written policy; and
(2)(d) the injury occurs while the dog is reasonably and carefully being used in the apprehension, arrest, or location of a suspected offender or in maintaining or controlling the public order.
(3) A person who owns or keeps a dog is not liable for an injury or death caused by the dog if:
(3)(a) the injury or death is to another animal;
(3)(b) the injury or death occurs:
(3)(b)(i) on the person’s private property; and
(3)(b)(ii) while the dog is reasonably secured within a fence or other enclosure; and
(3)(c) the animal described in Subsection (3)(a) entered the person’s private property without consent.