CALL/TXT UTAH DOG BITE ATTORNEY JAKE GUNTER (801) 373-6345. FREE CONSULT. HE CAN NORMALLY TELL YOU ON THE PHONE IN 10 MINUTES IF YOU HAVE A CASE.
Beware of Dog Signs: Important, but Not Controlling
In Utah, “beware of dog” signs are important but do not absolve dog owners of liability. Utah is a strict liability dog bite state, meaning if a dog bites you, the dog owner is at fault.
Understanding Utah’s Strict Liability Dog Bite Law
Utah’s strict liability statute is outlined in Utah Code Title 18. This law specifically addresses dog bite injuries. Importantly, you can also sue the owner under common law negligence in addition to the strict liability claims.
No Prior Bite Required for Beware of Dog Signs
Under Utah’s dog bite law, nothing requires a prior dog bite. There is no “one free bite” rule; thus, the dog owner is liable regardless of past incidents.
All Breeds Held Responsible
Importantly, Utah’s strict liability statute does not exclude any dog breeds. All breeds are held responsible under the dog bite law. However, some homeowner’s insurance policies may have breed exceptions, which means they may not cover certain breeds in their liability coverage. Always review your policy to determine if breed exceptions apply, especially if the dog is a mixed breed.
Prohibition of Breed Exclusions by Local Governments
Utah dog statutes prohibit state entities, cities, and municipalities from enforcing breed exclusions. Refer to Utah Code 18-2-101 for more details on the regulation of dogs by municipalities.
Exceptions to Dog Owner Liability
Trespassing: If you are intentionally trespassing on someone else’s property, the dog owner may not be liable. For example, if you enter a yard with a “beware of dog” sign without permission, the owner may have a defense against liability.
Provocation: Comparative fault applies under Utah’s strict liability dog bite statute. If you provoke the dog—by poking, kicking, or taunting it—you may share fault for the attack.
Your Own Fault: If your actions lead to the dog attack, such as provoking the dog or having another dog present that causes issues, you may be found at fault. Ultimately, a jury decides whether you acted as a reasonable person under the circumstances.
Utah’s Comparative Fault Act and Dog Bites
Understanding Utah’s comparative fault system is crucial. Utah operates under a 51 percent rule, meaning the other party must be at least 51% at fault for you to recover damages. If you are found to be more than 49% at fault for the dog bite, you receive nothing. For further details on comparative fault, you can find a deeper article on the topic HERE.
Conclusion: Beware of Dog Signs
If you have questions about dog bite liability or “beware of dog” signs, don’t hesitate to reach out.
