Utah Dog Bite Personal Injury Law
When dogs stray from their reputation as loyal companions and bite, they can cause severe injury. According to the Centers for Disease Control and Prevention, nearly one out of every five dog bite victims will require medical attention, and children are the most common victim group. In light of these statistics, it is wise for Utah dog owners to be aware of their legal duties, and for dog bite victims to know their rights if they are attacked.
What Recourse Does a Dog Bite Victim Have in Utah?
Most states, including Utah, have supplemented the common law cause of action for animal bites with statutory laws that specifically address dog bites. Utah is a strict liability state for animal bites. Utah Code Section 18-1-1 states, “Every person owning or keeping a dog is liable in damages for injury committed by the dog.” This law goes on to state that the owner or keeper of a dog is liable whenever the dog in their care bites a person.
My Dog Has Never Been Aggressive and Bit Someone for the First Time – Can I Still Be Held Responsible?
Yes. Under common law principles, if a dog bites someone and the owner knew that the dog had never bitten before and was not previously aggressive, the owner could not be held liable. However, the Utah law mentioned above departs from this principle. Now, under the statute, the fact that a dog had previously never bitten before it attacked does not prevent the owner or keeper of the dog from being held liable for injuries caused by the bite.
Utah law states that the person injured by the dog bite does not need to prove that the dog was “of a vicious or mischievous disposition or that the keeper of the dog knew that it was vicious or mischievous” in order to recover damages for the dog bite injuries. This means that the owner or caretaker of a biting dog could be held liable for the dog’s first bite even if the owner thought the dog was not vicious and would never bite someone.
Can I Be Held Responsible for a Dog Bite If I’m Not the Owner of the Dog?
Yes. Under the relevant Utah statute, any person owning or keeping a dog that bites can be held liable for injuries caused by the dog. This means that dogsitters, dog daycares, dog walkers or anyone else taking care of a dog, even for a short period of time, can be held liable when a dog bites while in their care.
How Can I Prevent My Dog from Biting?
The Centers for Disease Control and Prevention (CDC) offer helpful tips on preventing dog bites, with emphasis on the importance of training dogs to interact peacefully with humans and teaching children how to properly approach and interact with a dog. If a dog aggressively approaches you, remain calm, be still, and do not make eye contact.
Questions on Dog Bite Personal Injury Claims?
If you are among the 36.5 percent of American households who own a dog, or if you care for other people’s dogs, make sure you implement steps to ensure the dog in your care does not bite.
If you need assistance with a dog bite personal injury claim, we are here to help. Contact your Logan, Utah personal injury attorneys at today by calling (435) 752-3551.
