Utah Dog Bite Laws

In Utah, it is easy to discount dog bites and treat them as a non-issue, especially given their relative rarity in the state, where only around 33 dog bites lead to serious injuries and hospitalization annually.

People may also disregard instances of dog bites as they are widely acknowledged as “man’s best friend.” But the reality is that there is a potential for danger when owning any kind of animal, including canines. In one case, a 63-year-old woman had to have her leg amputated before losing her life following an attack by her son's pit bulls.

The inherent dangers of dog ownership do not go away, even if society’s view of these animals is more sympathetic. Hence, this article aims to teach dog owners the responsibilities related to dog ownership and the actions victims and potential plaintiffs may take to get restitution.

Dog Owner Responsibilities in Utah

Dog ownership under Utah law carries with it a variety of responsibilities, with municipalities given the power to perform the following actions:

• Regulate the ownership of dogs.

• Require dog licenses.

• Tax dog ownership.

• Prohibit dog ownership in certain instances.

In practice, every dog owner must check if their local government has such requirements. Utah County ordinances, for example, require dogs aged six months or more to be licensed and vaccinated regularly against rabies.

Once a person owns a dog, there lies responsibility for every bite that the animal inflicts. It does not matter if the dog is vicious, mischievous, or known to be so; the owner has to keep their pet from attacking other animals or people. In particular cases, a dog owner may be shielded from a lawsuit if they are deemed as a responsible owner. For instance, the installation of a fence or enclosure can be used as a defense if their dog kills an animal that enters their property uninvited. But for attacks on humans, the use of an enclosure cannot be used as a defense.

Worth noting in Utah is that it prohibits breed-specific legislation. In other states, there are ordinances that ban certain breeds, like pit bulls, out of a belief that they cause more fatal attacks than others. Utah differs in that while it allows municipalities to regulate and prohibit dog ownership, the basis cannot be the breed of the canine.

Liability Standards in Utah Dog Bite Cases

Utah follows the strict liability doctrine when it comes to dog bite incidents. As mentioned earlier, it does not matter if an owner knows that their dog is vicious or mischievous. As soon as there is even a single biting incident, liability for damages exists.

A possible defense for the owner is the tort law concept of comparative negligence. Utah follows a modified comparative negligence rule where the court determines whether the plaintiff was partly at fault and by how much percent:

• If the plaintiff is less than 50% at fault for a dog bite, the amount of damages will be reduced based on the percentage of their fault.

• If the plaintiff is at least 50% at fault for a dog bite, they will not be entitled to any damages.

The modified comparative negligence rule comes into play in scenarios where the victim angered the dog or was trespassing. This matters because, unlike in other states, one can only use provocation and trespassing as defenses for attacks on other animals, not humans.

Meanwhile, when it comes to attacks by police dogs, the law clearly states that an officer is free from liability if the dog is properly trained up to spec and both handler and dog are operating strictly within the set guidelines. Therefore, a person cannot sue for damages when bitten during police operations, like when they are resisting arrest.

Statute of Limitations in Utah for Dog Bite Cases

The statute of limitations for a dog bite case in Utah is four years, following the usual rules for personal injury suits. This begins to count from the date the injury happened. It is wise to not waste time during this four-year period, since filing a case out of date will result in dismissal. Courts do not look favorably upon those who sleep on their rights.

Thus, it is advisable to lawyer up as soon as possible if one is bitten by a dog and has been duly treated. The four-year period gives the plaintiff time enough to gather evidence and build a case.

Civil Penalties for Dog Bites in Utah

In general, there are three main kinds of damages a dog owner may have to pay to the victim: economic, non-economic, and punitive damages:

• Economic damages refer to the monetary losses sustained by a plaintiff and are usually inclusive of medical bills, rehabilitation costs, and lost income.

• Non-economic damages refer to intangible losses like pain and suffering or emotional distress.

• Punitive damages are different in that they are not meant to make the victim whole but to punish the defendant. These are awarded in cases of gross negligence or deliberate misconduct.

These civil damages may be pursued in the court system or through alternative methods of dispute resolution, like arbitration. But when resorting to arbitration, there is a $50,000 award limit, in addition to any property damage claims and medical premise benefits.

It is important to note that it is possible to sue multiple dog owners in a single action. When several dogs bite the plaintiff or plaintiffs, all the owners may be sued as defendants. The defendants, should they lose, will be held severally liable for the incident.

Another potential consequence of a dog bite is the quarantine and destruction of the animal if it develops signs of rabies.

Criminal Penalties for Dog Bites in Utah

Dog bites in Utah can have repercussions under criminal law. These vary depending on the ordinances where one lives, but dog attacks are generally classified as misdemeanors. In Salt Lake and Utah counties, these incidents count as class B misdemeanors. Animal owners are encouraged to research their own local city and county ordinances to see the applicable rules in their area. Potential penalties include:

• Muzzling and impounding of the dog.

• Destruction of the dog.

• Revocation of the dog owner’s license.

Reporting and Handling Dog Bite Incidents

Being bitten by a dog is a race against the clock, as infection and disease can set in when one is careless. Hence, the following steps should be taken as soon as possible:

1. It is advised that victims seek medical attention first and foremost since wounds can lead to injuries, scarring, or fatal infections. Depending on the case, a medical professional may need to administer bindings and disinfectants to alleviate bleeding and swelling. Victims should follow the doctor’s instructions closely to speed up the recovery.

2. The incident has to be reported to the local animal control officer. This is a legal requirement, and violations can result in citations and fines. Different local governments have varying rules as well as contact information, so readers are advised to search for their local animal control officers to learn how to reach them.

3. The victim must gather eyewitness testimonies and start building a case, if necessary. It is important to take photos of the bite wound and track its recovery to prove the damages due and the medical costs incurred. It is also ideal to talk to a personal injury lawyer at this juncture. An attorney will be able to navigate the vast complexities of litigation and arbitration, which ordinary citizens might find confusing and overwhelming.

How To Find a Dog Bite Attorney in Utah

Finding a Utah dog bite lawyer does not have to be a trial in itself. One may use search engines like Google or Bing to look specifically for dog bite lawyers, or personal injury attorneys in general if one wants to cast a wider net. Another potential resource would be online directories, which are more finely tuned to the specific case of dog bites and the area where one lives. These could also have informative articles teaching the basics of law to non-lawyers.

Those who wish to use conventional methods may make use of television, billboard, and print ads.

Other Resources for Dog Bite Victims in Utah

Sandy Animal Services Licensing & Rabies Clinics

Sandy Animal Services holds licensing and rabies vaccination clinics for its constituents. The diseases covered are Bordetella, distemper, rabies, and feline leukemia. The clinic also sterilizes pets and installs chips for easy location and identification when lost. In case the clinic for the year is not yet announced, readers are advised to keep posted on the official website for upcoming details. Sandy Animal Services is reachable at (801) 352-4450. The city hall itself can be reached through the following address and phone number:

10000 S Centennial Pkwy
Sandy, UT 84070
(801) 568-7100

West Jordan Animal Services

West Jordan Animal Services holds rabies clinics for cats and dogs that are at least four months old. The event is limited to the residents of the metro. Dogs must be kept on a leash while felines have to be secured in a carrier. Animals must be healthy and not pregnant to be vaccinated. The most recent clinic is by appointment. The office also tackles licensing issues and adoptions.

Humane Society of Utah Murray Clinic

The Humane Society of Utah has clinics for animal owners who wish to vaccinate their puppies for rabies, parvo, distemper, and Bordetella. The clinic also has programs for spaying and neutering various species of pets. Humane education courses and behavior training sessions are available for pet owners and their companions.

Murray Clinic:
4242 South 300 West
Murray, UT 84107
(801) 261-2919

St. George Clinic:
1192 W. Sunset Blvd., Ste. 2
St. George, UT 84770
(435) 216 7960.

Utah State Bar

The Utah State Bar is the professional association for lawyers in the state. It has a public portal that members of the society at large may use to get answers to their legal questions or to locate a lawyer for their needs. Resources are available for those who live below the poverty line or are of modest means. The Utah State Bar is reachable at:

645 South 200 East
Salt Lake City, UT 84111

Phone: (801) 531-9077
Fax: (801) 531-0660
info@utahbar.org