Ogden Dog Bite Attorney

Utah has special statutes and doctrines regarding dog bites. Utah Code Section 18-1-1 outlines these laws. In this state, two main laws determine if and when a dog bite victim can file a claim in pursuit of damage recovery: scienter and strict liability. Scienter, the Latin term for “knowingly,” refers to a dog owner’s responsibility for the actions of his or her domestic animal. Scienter is the traditional statute that makes a pet owner liable for damages. In Utah, the law supplements scienter with a strict liability dog bite statute.

A strict liability dog bite law means that a dog owner or keeper will be legally responsible for the victim’s damages whenever a dog bites a person – even if the owner had no reason to believe that the dog was capable of attacking. This is in contrast to the “one bite rule” that many states have in place, which states that an owner will only be liable if the dog had previously bitten a person, giving the owner reason to suspect the dog’s vicious propensities. In Utah, it does not matter whether the dog had bitten someone in the past. It only takes one bite for the owner to be liable.

The Utah dog bite statute states that “every person owning or keeping a dog” will have to pay the damages for injuries the dog commits. The law does not require that the victim allege or prove that the dog had a vicious streak or that the owner was negligent. The victim must only show that the dog caused his/her injuries. The only time an owner might not be liable is if the dog was a police animal and if the dog attacked while on the job. A victim can also file a claim against an owner on the grounds of negligence if he or she can prove that the owner/keeper was negligent in preventing the bite. For more information regarding dog bite laws in Utah, speak with an Ogden personal injury lawyer experienced in dog bite claims.