Utah Dog Bite Law
TITLE 18. DOGS
CHAPTER 1. INJURIES BY DOGS
Utah Code Ann. § 18-1-1 (2003)
§ 18-1-1. Liability of owners -- Scienter -- Dogs used in law enforcement
Every person owning or keeping a dog shall be liable in damages for injury committed by such dog, and it shall not be necessary in any action brought therefor to allege or prove that such dog was of a vicious or mischievous disposition or that the owner or keeper thereof knew that it was vicious or mischievous; but neither the state nor any county, city, or town in the state nor any peace officer employed by any of them shall be liable in damages for injury committed by a dog when: (1) The dog has been trained to assist in law enforcement, and (2) 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.
HISTORY: R. S. 1898 & C. L. 1907, § 70; C.L. 1917, § 112; R. S. 1933 & C. 1943, 24-0-1; L. 1971, ch. 29, § 1.
NOTES:
CROSS-REFERENCES. --Dog field meets and training, Wildlife Resources Code, § § 23-17-8 and 23-17-9.
Pound, power of city to establish, § 10-8-64.
Rabies, control and prevention, § § 26-6-11 to 26-6-15.
Taxing and regulation of dogs by cities, § 10-8-65.
Taxing and regulation of dogs by counties, § 17-5-224.
NOTES TO DECISIONS
ANALYSIS
Apportionment of fault.
Damages.
Injuries by horses.
"Keeper" defined.
APPORTIONMENT OF FAULT.
For a jury to apportion relative fault between two parties, the jury must have sufficient evidence of culpability of each party to make that apportionment; consequently, in an action for damages arising out of dog bite injuries, the trial court committed harmful error in excluding evidence of the dog's disposition, prior biting history, and the owner's knowledge thereof, making it impossible for the jury to make an accurate apportionment. S.H. ex rel. Robinson v. Bistryski, 923 P.2d 1376 (Utah 1996).
DAMAGES.
Although dog owners are strictly liable for damages arising out of injuries inflicted by their dogs, the percentage of those damages that the owner must pay is determined by the comparative fault provisions of § § 78-27-37 to 78-27-43, the Liability Reform Act. S.H. ex rel. Robinson v. Bistryski, 923 P.2d 1376 (Utah 1996).
INJURIES BY HORSES.
None of the reasons the legislature had for holding owners and keepers of dogs strictly liable would support extending strict liability to owners and keepers of horses, even when they are kept in a residential neighborhood for recreational purposes. Pullan v. Steinmetz, 2000 UT 103, 16 P.3d 1245.
"KEEPER" DEFINED.
The term "keeper," as it is used in this section, implies the exercise of a substantial number of the incidents of ownership by one who, though not the owner, assumes to act in his stead. One becomes the keeper of a dog only when he, either with or without the owner's permission, undertakes to manage, control, or care for it as dog owners in general are accustomed to do. Neztsosie v. Meyer, 883 P.2d 920 (Utah 1994).
COLLATERAL REFERENCES
AM. JUR. 2D. --4 Am. Jur. 2d Animals § 96 et seq.
C.J.S. --3A C.J.S. Animals § § 186 to 203.
A.L.R. --Keeping of dogs as enjoinable nuisance, 11 A.L.R.3d 1399.
Dog owner's liability for damages from motor vehicle accident involving attempt to avoid collision with dog on highway, 41 A.L.R.3d 888.
Liability of motorist for collision as affected by attempts to avoid dog or other small animal in road, 41 A.L.R.3d 1124.
Modern status of rule of absolute or strict liability for dogbite, 51 A.L.R.4th 446.
Who "harbors" or "keeps" dog under animal liability statute, 64 A.L.R.4th 963.
Liability of owner or operator of business premises for injury to patron by dog or cat, 67 A.L.R.4th 976.
Liability for injuries caused by cat, 68 A.L.R.4th 823.
Liability for injuries inflicted by dog on public officer or employee, 74 A.L.R.4th 1120.
Landlord's liability to third person for injury resulting from attack on leased premises by dangerous or vicious animal kept by tenant, 87 A.L.R.4th 1004.
Landlord's liability to third person for injury resulting from attack off leased premises by dangerous or vicious animal kept by tenant, 89 A.L.R.4th 374.
Intentional provocation, contributory or comparative negligence, or assumption of risk as defense to action for injury by dog, 11 A.L.R.5th 127.
Liability for injury inflicted by horse, dog, or other domestic animal exhibited at show, 68 A.L.R.5th 599.
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