1     
INJURIES BY DOGS AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Lincoln Fillmore

5     
House Sponsor: Kim F. Coleman

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to injuries caused by dogs.
10     Highlighted Provisions:
11          This bill:
12          ▸     codifies case law regarding allocation of fault when a person seeks damages for an
13     injury caused by a dog; and
14          ▸     makes technical and conforming changes.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          18-1-1, as last amended by Laws of Utah 2011, Chapter 297
22     

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 18-1-1 is amended to read:
25          18-1-1. Liability and damages for dog injury -- Dogs used in law enforcement.
26          [(1) Every person owning or keeping a dog is liable in damages for injury committed
27     by the dog, and it is not necessary in the action brought therefor to allege or prove that the dog
28     was of a vicious or mischievous disposition or that the owner or keeper of the dog knew that it
29     was vicious or mischievous.]
30          (1) (a) Except as provided in Subsection (2), a person who owns or keeps a dog is
31     liable for an injury caused by the dog, regardless of whether:
32          (i) the dog is vicious or mischievous; or
33          (ii) the owner knows the dog is vicious or mischievous.
34          (b) Damages for an injury described in Subsection (1)(a) shall be determined in
35     accordance with Section 78B-5-818.
36          (2) [Notwithstanding Subsection (1), neither] Neither the state nor any county, city,
37     metro township, or town in the state nor any peace officer employed by [any of them] the state,
38     a county, a city, a metro township, or a town shall be liable in damages for an injury
39     [committed] caused by a dog, if:
40          (a) the dog has been trained to assist in law enforcement; and
41          (b) the injury occurs while the dog is reasonably and carefully being used in the
42     apprehension, arrest, or location of a suspected offender or in maintaining or controlling the
43     public order.