Dog Bite Laws To Know In Utah
In Utah, the law surrounding dog bites is governed by a mix of statutes and common law principles. One of the most important laws is the dog bite statute found in Utah Code Ann. § 18-1-1. This law imposes strict liability on dog owners for injuries caused by their dogs if the victim was legally on the property at the time of the attack. Unlike many states that only hold dog owners liable if the dog had a known history of violence or aggression, Utah’s statute holds dog owners strictly liable regardless of the animal’s previous behaviors.
In addition to this strict liability statute, Utah law also recognizes the common law principle of negligence. Under this principle, a dog owner can be held liable for injuries caused by their dog if they were negligent in some way . This is a departure from strict liability, which does not require any showing of negligence at all. Nevertheless, proving negligence can sometimes be difficult when it comes to dog bite cases, as such a finding requires that the owner breached an applicable duty to take reasonable care to prevent their dog from causing injury.
One aspect of Utah law that differs from some other states is the "One Bite" rule, which applies to sports and recreational activities. This rule provides some protection to dog owners who allowed others to use their dogs for sports and recreation, so long as the owner did not know or have reason to know that their dog had dangerous tendencies. In this way, Utah law provides both plaintiffs and defendants with specific outcomes depending on the unique circumstances of the dog bite case.
When A Utah Dog Owner Is Liable
There are not many "strict liability" laws left on the books that make a dog owner absolutely liable when his or her pet bites another human or domestic animal. Utah has one such law, found in Utah Code Ann. § 18-1-1, which specifically says, "If a dog is kept as a pet, the owner of the dog is liable for any damages caused by the dog . . . regardless of the former vicious propensity of the dog." This means that even if the dog has never had previous problems, the dog owner is still liable when the pet bites someone. Most states have replaced strict "one bite" laws with a "modified one bite" rule, which excuses an owner from liability if it can be shown that the dog has never been aggressive before. However, this does not mean that the dog owner will not be held liable in situations where he or she has failed under the "reasonable person standard" to properly care for his or her pet. If the owner knows that the dog has dangerous tendencies and has failed to make reasonable efforts to prevent the animal from causing harm to others, even the "one bite" excuse will not protect him or her from liability. Even with the one bite rule, the dog owner may still have solid defenses against a dog bite claim. For instance, Utah law allows the owner to avoid liability in two circumstances: The statute also says that the owner should not be held liable when the incident is caused by a person who is over the age of six who threw things at the dog, teasing it or provoking it, or unreasonably putting his or her body in a position that might cause an attack. Utah Code Ann. § 18-1-1. The key point regarding owner liability is for the plaintiff to show proof of ownership. Usually, a judgment is entered against the tenant as the dog owner and not the landlord. This is because the law requires a reasonable expectation that the tenant has control over the pet and is responsible for any damages it causes. Thus, even tenants with very loose controls over their pets can be held responsible for a victim’s injuries.
After A Dog Bite – A Victim’s Legal Rights
Pursuant to Utah dog bite laws, dog bite victims are entitled to recover their medical expenses in full, including the cost of their future medical care, rehabilitation, decreased wages or salary, and any other damages our lawyers may recover for you. In particular, Utah dog bite laws permit recovery by the victim of dog bites caused by a dog owned in violation of a local ordinance or restriction. Under Utah Code Sec. 18-1-1, dog owners can be held liable if they own a dog that has been "restrained, confined or enclosed in an appropriate place" and that dog bites someone on public property or when permitted to be on public property. Under Utah Code Sec. 18-1A-1, defined as an animal which is allowed to run at-large without restraint from its owner, a dog is considered to be "at-large" if it is found off the premises of its owner. Utah law makers decided that the danger to the public created by dog bites is significant enough to hold owners of dogs that are at-large strictly liable for all of the damage caused by their dogs, including the cost of medical care.
What You Should Do After A Dog Bite
If you find yourself bitten by a dog in Utah, it can be a traumatic experience that leaves you confused and scared. However, the actions you take immediately following the incident can have a significant impact on your ability to recover for your injuries. The first thing you should do is seek medical attention right away to assess the severity of your injury and clean the wound to reduce the risk of infections. Even if the wound seems minor, you should still get it checked out. Concealing a dog bite injury could lead to serious complications. You should also keep records of your physician visits and any medications you’re prescribed, as this will help your lawyer when seeking compensation for your injuries. Next, report the incident to the local animal control agency. This is important, as it can help identify the dog in case it poses a future risk to other people in the area. It will also help to gather information directly from the dog owner regarding their vaccination history for rabies. They may need to be quarantined on the premises for some time to establish whether they have any contagious diseases through a blood test. If possible, get information from the dog owner at the scene, including their name, phone number, address and vaccination history. Or, if they had their dog restrained by someone else, find out who that person was and get their information so you can follow up with them. If your wound is bleeding, apply gauze or another absorbent fabric to try to stop the flow of blood. If the bleeding does not stop, raise the wound above your heart and continue tightly applying pressure while waiting for medical attention to arrive. You should also gather evidence at the scene of the incident. If possible, carry a first aid kit with you or keep one in your car in case of emergency. In addition to addressing your injury, if you have a camera or smartphone, take photos of the incident location, the dog, the dog owner or those responsible for controlling the dog, and any witnesses who might be able to provide you with statements regarding what happened. If possible, also obtain relevant contact information about all witness. This information could be crucial later on in your claim process. Witnesses could include pedestrians, as well as other dog owners who were in the vicinity of the incident. Finally, do not speak with insurance adjusters until you’ve discussed your claim and injuries with an attorney. An experienced Utah dog bite injury attorney will be able to guide you through the claims process, helping you avoid the pitfalls that could damage your ability to recover a full settlement from any negligent dog owners.
Specific Rules About Dog Bites And Children
In Utah, an individual under the age of 18 is considered a minor. This distinction increases the legal protections meant to protect the most vulnerable in our society. For example, recovery for minors encompasses both the cost of treatment as well as any future impact of the dog bite on his or her quality of life, pain and suffering, and other hardships. Even if a dog bite will heal with little to no scarring, the emotional effects on the victim may last a lifetime , and Utah law recognizes that fact.
If your child has suffered injuries from a dog bite, a qualified attorney can take care of all the details. Utah has a statute of limitations of four years, so you and your minor child have time to recover before time runs out on your case. Like all laws, however, there will be exceptions. The sooner you contact an experienced Utah dog injury attorney, the sooner they can assess your case, and determine your best course of action.
Making A Dog Bite Claim
Claims following a dog bite incident can feel complicated, but understanding the process can help you gain the compensation you deserve under Utah law. First, you will need to document the dog attack with the local animal control agency to ensure the dog is properly quarantined and examined for rabies. Then, "make sure you get a police report" to have a record for your insurance claim, warns Utah attorney Morgan D. Whitacre of Wagner & Nelson, PLLC. Next, you may want to check for witnesses and take pictures of the scene, injuries, and animal if possible. Then, you will need to file a claim with your homeowner’s insurance policy or the insurance policy of the dog’s owner (or both.) However, if the insurance company does not compensate you as deserved, filing a lawsuit may be your best option.
Pursuing a claim following a dog bite typically starts with your lawyer. Let’s take a look at some of the steps you will need to take following a dog bite in Utah:
After sustaining a dog bite injury in Utah, you may get contacted by the dog owner’s insurance company. However, it is important to note that these are not usually helpful contacts — rather they are interested in minimizing the insurance company’s financial obligation. Sometimes, if the claim isn’t run by an attorney, the insurance company might even try to trick the victim into making a statement on the record in which they admit fault in the attack.
Once legal representation is acquired, an injury victim will be able to have the possibility of receiving compensation from the dog owner’s insurance policy. Under Utah law, a dog owner is typically liable for their pet attacking another person or individual legally accessing their property.
Utah dog bite victims have four years from the date of the attack to file a claim and obtain representation, although it is usually in a victim’s best interest to do so as soon as possible. In some cases, injuries might not be apparent right away, and claimants will need to calculate damages before filing. Regardless, contacting a qualified dog bite attorney sooner than later is recommended, as this improves the chances of obtaining compensation.
Getting Legal Help In Utah
It is vital to contact an experienced Utah dog bite lawyer as soon as possible after a dog bite or attack. Your attorney can help you obtain full and fair compensation for your medical bills, lost wages, pain and suffering, disfigurement, and other losses. A dog bite attorney will also immediately begin to investigate the circumstances of your dog bite case. Getting an experienced lawyer involved in your case can often help prevent the dog from being destroyed or the dog’s owner from hiding evidence that could hurt your case. A dog bite attorney will immediately work to collect and preserve evidence in your case and prepare your case for trial if necessary . A Utah dog bite attorney can also help you with the following: • Explain your legal rights and interests to you; • Review your medical treatment and bills; • Obtain professional evaluations of long-term medical needs; • File insurance claims to begin the compensation process; • Determine if you have grounds for a lawsuit; • Investigate and research all possible responsible parties; and • Identify and interview witnesses to your dog bite. Utah has strict time limits for filing dog bite lawsuits, and there are important steps that must be taken after a dog bite to ensure your claim is successful. The sooner you have an experienced Utah dog bite lawyer on your side, the better your chances of a successful outcome and full financial recovery.