Representative Steve R. Christiansen proposes the following substitute bill:


1     
CANINE INJURY AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Steve R. Christiansen

5     
Senate Sponsor: Michael S. Kennedy

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to liability for an injury caused by a dog.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     provides that a person is not liable for an injury or death caused by the person's dog
14     to another animal in certain circumstances; and
15          ▸     makes technical changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          18-1-1, as last amended by Laws of Utah 2019, Chapter 92
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 18-1-1 is amended to read:

26          18-1-1. Liability and damages for dog injury -- Exceptions.
27          (1) (a) Except as provided in [Subsection (2)] Subsections (2) and (3), a person who
28     owns or keeps a dog is liable for an injury caused by the dog, regardless of whether:
29          (i) the dog is vicious or mischievous; or
30          (ii) the owner knows the dog is vicious or mischievous.
31          (b) Damages for an injury described in Subsection (1)(a) shall be determined in
32     accordance with Section 78B-5-818.
33          (2) Neither the state nor any county, city, metro township, or town in the state nor any
34     peace officer employed by the state, a county, a city, a metro township, or a town shall be liable
35     in damages for an injury caused by a dog, if:
36          (a) the dog has been trained to assist in law enforcement; and
37          (b) the injury occurs while the dog is reasonably and carefully being used in the
38     apprehension, arrest, or location of a suspected offender or in maintaining or controlling the
39     public order.
40          (3) A person who owns or keeps a dog is not liable for an injury or death caused by the
41     dog if:
42          (a) the injury or death is to another animal;
43          (b) the injury or death occurs:
44          (i) on the person's private property; and
45          (ii) while the dog is reasonably secured; and
46          (c) the animal described in Subsection (3)(a) entered the person's private property
47     without consent.