Utah Code 78B-3-702. Damages recoverable for harm to or theft of service animal
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(1) A person with a disability who uses a service animal, or the owner of a service animal has a cause of action for economic and noneconomic damages against:
Terms Used In Utah Code 78B-3-702
- 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
- Service animal: means :
(3)(a) a service animal, as defined in Section 26B-6-801; or(3)(b) a search and rescue dog. See Utah Code 78B-3-701(1)(a) any person who steals or, without provocation, attacks the service animal; and(1)(b) the owner or keeper of any animal that without provocation attacks a service animal due to the owner’s or keeper’s negligent failure to exercise sufficient control over the animal to prevent the attack.(2) The action authorized by this section maybe brought by a person with a disability who uses the service animal, or the owner of the service animal.(3) The measure of economic damages in an action brought under Subsection(1) regarding a service animal that is not returned or is killed or injured due to an unprovoked attack so that the service animal is unable to function again as a service animal includes:(3)(a) the replacement value of an equally trained service animal, without any differentiation for the age or experience of the animal; and(3)(b) costs and expenses incurred by the person with a disability or the owner, including:(3)(b)(i) costs of temporary replacement assistance services, whether provided by another service animal or by a person;(3)(b)(ii) reasonable costs incurred in efforts to recover a stolen service animal; and(3)(b)(iii) court and attorney costs incurred in bringing an action under this section.(4) If the unprovoked attack on a service animal results in injuries from which the animal recovers so it is able to again function as a service animal for the person with a disability, or if the theft of the service animal results in the recovery of the service animal and the animal is again able to function as a service animal for the person with a disability, the measure of economic damages is the costs and expenses incurred by the person with a disability or the owner as a result of the theft of or injury to the service animal, and includes:(4)(a) veterinary medical expenses;(4)(b) costs of temporary replacement assistance services, whether provided by another service animal or a person;(4)(c) costs incurred in recovering the service animal, such as a reward; and(4)(d) court and attorney costs incurred in bringing an action under this section. - Service animal: means :