(1) 

Terms Used In Utah Code 18-1-1

  • Arrest: Taking physical custody of a person by lawful authority.
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Person: means :Utah Code 68-3-12.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
(a)  Except as provided in Subsections (2) and (3), a person who owns or keeps a dog is liable for an injury caused by the dog, regardless of whether:

(i)  the dog is vicious or mischievous; or

(ii)  the owner knows the dog is vicious or mischievous.

(b)  Damages for an injury described in Subsection (1)(a) shall be determined in accordance with Section 78B-5-818.

(2)  Neither the state nor any county, city, metro township, or town in the state nor any peace officer employed by the state, a county, a city, a metro township, or a town shall be liable in damages for an injury caused by a dog, if:

(a)  the dog and the dog’s law enforcement handler are trained to assist in law enforcement and are certified according to the standards adopted in 4;

(b)  the governmental agency has adopted a written policy on the necessary and appropriate use of dogs in official law enforcement duties;

(c)  the actions of the dog’s handler do not violate the agency’s written policy; and

(d)  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.

(3)  A person who owns or keeps a dog is not liable for an injury or death caused by the dog if:

(a)  the injury or death is to another animal;

(b)  the injury or death occurs:

(i)  on the person’s private property; and

(ii)  while the dog is reasonably secured within a fence or other enclosure; and

(c)  the animal described in Subsection (3)(a) entered the person’s private property without consent.

Amended by Chapter 201, 2021 General Session
Amended by Chapter 257, 2021 General Session

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