UTAH DOG BITE ATTORNEY JAKE GUNTER CALL/TXT (801) 373-6345 
How to Proceed with your Dog Bite Claim in Utah.
When you are injured in a dog attack in Utah you have several options on how to proceed.
First, you can just try to settle with the dog owner or the dog owner’s homeowners insurance policy.
Second, you can file a jury demand lawsuit and try the matter to a jury of your peers from the county were the dog bite occurred at. Long live the jury.
Third, you can elect into Utah’s statutory dog bite arbitration under Utah Code 18-1-101 (2024).
Key Features of Utah’s Dog Bite Statutory Arbitration in 2024.
(1). Plaintiff Elected Within 14 Days. The plaintiff injured party can elect to enter Utah’s statutory dog bite arbitration. To enter arbitration, the injured party must file an election for arbitration within 14 days after the complaint is filed. See Utah Code 18-1-4. You can file to rescind arbitration, but make sure it is timely under the statute. Once rescinded, you can’t elect arbitration again.
Comparative Fault Applies. Utah’s comparative fault statute at Utah Code 78B-5-818 applies to all dog bites by statutory citation and case law. Comparative fault is where the fact finder (jury, judge or arbiter) decides how much fault, if any, the plaintiff caused in having the dog attack them.
Orem Dog Bite Example. The young child was bit by a dog in an Orem, UT neighborhood, but opened the fence for no good reason allowing the dog to attack. The jury may find that the child is 40% at-fault, reducing their $100,000 money judgment by 40%. If the jury finds the child greater than 49% at-fault the child receives nothing.
Multiple Dogs Same Attack. When multiple dogs of the same or different owners attack or bite a person each dog owner may be joined in the same lawsuit and the fact finder (judge, jury or arbiter) will apportion fault between them. 
American Fork Dog Attack Example. A postal worker is walking through an American Fork, UT neighborhood and is attacked by three dogs being walked. Each dog owner is sued for the postal worker’s injures. The jury could find dog one 90% at-fault and dog two and dog three 5% at-fault each.
Right to Self Defense and Defense of Other/Animals. Utah Code 18-1-3 always allows a person to kill a dog if the dog is attacking them, another person, or a domesticated animal.
$50,000 Cap. No excess judgment collection. The injured party electing dog bite arbitration is capped at $50,000 in addition to any no-fault benefits attached to any applicable liability insurance policy. Any judgment obtained through this statute waives your ability to recover against the assets of the at-fault dog owner over and above their liability insurance limits.
No Punitive Damages. You can’t ask for punitive damages when using Utah’s statutory dog bite arbitration procedures. Nor can you add punitive damages on any type of De Novo appeals. You are stuck, so don’t bring Utah dog bite claims where punitives may be applicable in arbitration. Really, no knowledgeable attorney who really does injury work would ever have an arbiter decide puntivie damages anyways. Punitive damages claims are generally tried to a jury for best results.
Provo Dog Bite Example. A Provo, UT dog owner allows their dog to bite you while walking in the Tree Streets. You can’t settle for a reasonable amount with the dog owner’s homeowner’s insurance and you sue with arbitration. You ultimately obtain a $71,000 verdict by the arbiter. You can only collect $50,000 and you can never collect against the dog owner’s assets, regardless of whether their home is totally paid off and values at $500,000.
Civil Discovery Rules Applies. Utah’s standard tier selection discovery rules under Utah Rule of Civil Procedure 26 apply. Since all dog bite arbitrations under this code are capped at $50,000, only tier I should be selected. Fact discovery by statute is capped at 150 days unless the parties agree otherwise.
1 or 3 Arbiters. A single arbiter shall decide the dispute or a panel of arbiters will be selected. Arbiters should be selected within 90 days of filing the answer and each party bears their own arbiter costs, but Utah Rule of Civil Procedure 54 and prevailing party costs still apply.
Utah Rules of Evidence Apply Liberally. The Utah Rules of Evidence are to applied liberally. Utah Code 18-1-4(9). Dispositive motions and discovery motions shall be heard by the district court where the case is filed.
De Novo Appeal. A De Novo appeal is a common statutory mechanism of appeal in Utah Justice and District Courts. A De Novo Appeal just means do it over again in the upper court. When you De Novo appeal a dog bite arbitration judgment it is heard all over again by the district court, by jury or judge depending on what was selected. Upon a De Novo appeal being filed you automatically get extended fact discovery, and you can renew or file for the first time your jury demand.
Prevailing Party on Appeal 30% or $5,000 Betterment.
Plaintiff Appeals. If the plaintiff files a Trial De Novo and does not obtain a verdict that is at least $5,000 and is at least 30% greater than the arbitration award, the plaintiff is responsible for all of the nonmoving party’s costs.
(i) Any costs set forth in Rule 54(d), Utah Rules of Civil Procedure; (normal filing fees, depositions costs, subpoena costs and some trial exhibits) and
(ii) The costs of expert witnesses and expert depositions.
(iii) Any award of costs under may not exceed $6,000.
Defendant Appeals. If the defendant files a Trial De Novo and does not obtain a verdict that is at least 30% less than the arbitration award, the defendant is responsible for all of the nonmoving party’s costs.
(i) Any costs set forth in Rule 54(d), Utah Rules of Civil Procedure; (normal filing fees, depositions costs, subpoena costs and some trial exhibits) and
(ii) The costs of expert witnesses and expert depositions.
(iii) Any award of costs under may not exceed $6,000.
De Novo Appeal Trial Caps.
When the plaintiff injured party appeals, any subsequent jury or judge verdict still may not exceed the original $50,000 statutory arbitration cap. Not a lot of incentive to appeal built into the statute for plaintiffs.
When the defendant dog owner De Novo appeals any subsequent jury or judge money award may not exceed $65,000.