Utah State Code
Title 18. Dogs
Chapter 1
Injuries by Dogs
18-1-1 Liability of owners -- Scienter -- Dogs used in law enforcement.
(1) Every person owning or keeping a dog is liable in damages for injury committed by the dog, and
it is not necessary in the action brought therefor to allege or prove that the dog was of a vicious
or mischievous disposition or that the owner or keeper of the dog knew that it was vicious or
mischievous.
(2) Notwithstanding Subsection (1), neither the state nor any county, city, or town in the state nor
any peace officer employed by any of them shall be liable in damages for injury committed by a
dog, if:
(a) the dog has been trained to assist in law enforcement; and
(b) the injury occurs while the dog is reasonably and carefully being used in the apprehension,
arrest, or location of a suspected offender or in maintaining or controlling the public order.
Amended by Chapter 297, 2011 General Session
18-1-2 Dogs acting together -- Actions -- Parties -- Judgment.
Where any injury has been committed by two or more dogs acting together and such dogs are
owned or kept by different persons, all such persons may be joined as defendants in the same
action to recover damages therefor, and the amount found by the court or jury as damages for
such injury shall be apportioned among the several defendants found liable and judgment shall be
entered severally against them for the amount so apportioned.
No Change Since 1953
18-1-3 Dogs attacking domestic animals, service animals, hoofed protected wildlife, or
domestic fowls.
Any person may injure or kill a dog while:
(1) the dog is attacking, chasing, or worrying:
(a) a domestic animal having a commercial value;
(b) a service animal, as defined in Section 62A-5b-102; or
(c) any species of hoofed protected wildlife;
(2) the dog is attacking domestic fowls; or
(3) the dog is being pursued for committing an act described in Subsection (1) or (2).
Amended by Chapter 22, 2007 General Session
18-1-4 Use of arbitration in personal injury from dog attack cases.
(1) A person injured as a result of a dog attack may elect to submit all third party bodily injury
claims to arbitration by filing a notice of the submission of the claim to binding arbitration in a
district court if:
(a) the claimant or the claimant's representative has:
(i) previously and timely filed a complaint in a district court that includes a third party bodily
injury claim; and
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(ii) filed a notice to submit the claim to arbitration within 14 days after the complaint has been
answered; and
(b) the notice required under Subsection (1)(a)(ii) is filed while the action under Subsection (1)(a)
(i) is still pending.
(2)
(a) If a party submits a bodily injury claim to arbitration under Subsection (1), the party submitting
the claim or the party's representative is limited to an arbitration award that may not exceed
$50,000 in addition to any medical premise benefits and any claim for property damage.
(b) A party who elects to proceed against a defendant under this section:
(i) waives the right to obtain a judgment against the personal assets of the defendant; and
(ii) is limited to recovery only against available limits of insurance coverage.
(3) A claim for punitive damages may not be made in an arbitration proceeding under Subsection
(1) or any subsequent proceeding, even if the claim is later resolved through a trial de novo
under Subsection (11).
(4)
(a) A party who has elected arbitration under this section may rescind the party's election if the
rescission is made within:
(i) 90 days after the election to arbitrate; and
(ii) no less than 30 days before any scheduled arbitration hearing.
(b) A party seeking to rescind an election to arbitrate under this Subsection (4) shall:
(i) file a notice of the rescission of the election to arbitrate with the district court in which the
matter was filed; and
(ii) send copies of the notice of the rescission of the election to arbitrate to all counsel of record
to the action.
(c) All discovery completed in anticipation of the arbitration hearing shall be available for use by
the parties as allowed by the Utah Rules of Civil Procedure and the Utah Rules of Evidence.
(d) A party who has elected to arbitrate under this section and then rescinded the election to
arbitrate under this Subsection (4) may not elect to arbitrate the claim under this section
again.
(5)
(a) Unless otherwise agreed to by the parties or by order of the court, an arbitration process
elected under this section is subject to Rule 26, Utah Rules of Civil Procedure.
(b) Unless otherwise agreed to by the parties or ordered by the court, discovery shall be
completed within 150 days after the date arbitration is elected under this section or the date
the answer is filed, whichever is longer.
(6)
(a) Unless otherwise agreed to in writing by the parties, a claim that is submitted to arbitration
under this section shall be resolved by a single arbitrator.
(b) Unless otherwise agreed to by the parties or ordered by the court, all parties shall agree on
the single arbitrator selected under Subsection (6)(a) within 90 days of the answer of the
defendant.
(c) If the parties are unable to agree on a single arbitrator as required under Subsection (6)(b),
the parties shall select a panel of three arbitrators.
(d) If the parties select a panel of three arbitrators under Subsection (6)(c):
(i) each side shall select one arbitrator; and
(ii) the arbitrators selected under Subsection (6)(d)(i) shall select one additional arbitrator to be
included in the panel.
(7) Unless otherwise agreed to in writing:
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(a) each party shall pay an equal share of the fees and costs of the arbitrator selected under
Subsection (6)(a); and
(b) if an arbitration panel is selected under Subsection (6)(d):
(i) each party shall pay the fees and costs of the arbitrator selected by that party's side; and
(ii) each party shall pay an equal share of the fees and costs of the arbitrator selected under
Subsection (6)(d)(ii).
(8) Except as otherwise provided in this section and unless otherwise agreed to in writing by the
parties, an arbitration proceeding conducted under this section shall be governed by Title 78B,
Chapter 11, Utah Uniform Arbitration Act.
(9)
(a) Subject to the provisions of this section, the Utah Rules of Civil Procedure and the Utah Rules
of Evidence apply to the arbitration proceeding.
(b) The Utah Rules of Civil Procedure and the Utah Rules of Evidence shall be applied liberally
with the intent of concluding the claim in a timely and cost-efficient manner.
(c) Discovery shall be conducted in accordance with the Utah Rules of Civil Procedure and shall
be subject to the jurisdiction of the district court in which the matter is filed.
(d) Dispositive motions shall be filed, heard, and decided by the district court prior to the
arbitration proceeding in accordance with the court's scheduling order.
(10) A written decision by a single arbitrator or by a majority of the arbitration panel shall constitute
a final decision.
(11) An arbitration award issued under this section shall be the final resolution of all bodily injury
claims between the parties and may be reduced to judgment by the court upon motion and
notice unless:
(a) either party, within 20 days after service of the arbitration award:
(i) files a notice requesting a trial de novo in the district court; and
(ii) serves the nonmoving party with a copy of the notice requesting a trial de novo under
Subsection (11)(a)(i); or
(b) the arbitration award has been satisfied.
(12)
(a) Upon filing a notice requesting a trial de novo under Subsection (11):
(i) unless otherwise stipulated to by the parties or ordered by the court, an additional 90 days
shall be allowed for further discovery;
(ii) the additional discovery time under Subsection (12)(a)(i) shall run from the notice of appeal;
and
(iii) the claim shall proceed through litigation pursuant to the Utah Rules of Civil Procedure and
the Utah Rules of Evidence in the district court.
(b) In accordance with the Utah Rules of Civil Procedure, either party may request a jury trial with
a request for trial de novo filed under Subsection (11).
(13)
(a) If the plaintiff, as the moving party in a trial de novo requested under Subsection (11), 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.
(b) Except as provided in Subsection (13)(c), the costs under Subsection (13)(a) shall include:
(i) any costs set forth in Rule 54(d), Utah Rules of Civil Procedure; and
(ii) the costs of expert witnesses and depositions.
(c) An award of costs under this Subsection (13) may not exceed $6,000.
(14)
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(a) If a defendant, as the moving party in a trial de novo requested under Subsection (11), 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.
(b) Except as provided in Subsection (14)(c), the costs under Subsection (14)(a) shall include:
(i) any costs set forth in Rule 54(d), Utah Rules of Civil Procedure; and
(ii) the costs of expert witnesses and depositions.
(c) An award of costs under this Subsection (14) may not exceed $6,000.
(15) For purposes of determining whether a party's verdict is greater or less than the arbitration
award under Subsections (13) and (14), a court may not consider any recovery or other relief
granted on a claim for damages if the claim for damages was not disclosed in:
(a) writing prior to the arbitration proceeding; or
(b) response to discovery contrary to the Utah Rules of Civil Procedure.
(16) If a district court determines, upon a motion of the nonmoving party, that the moving party's
use of the trial de novo process was filed in bad faith, as described in Section 78B-5-825, the
district court may award reasonable attorney fees to the nonmoving party.
(17) Nothing in this section is intended to affect or prevent any first party claim from later being
brought under any first party insurance policy under which the injured person is a covered
person.
(18)
(a) If a defendant requests a trial de novo under Subsection (11), the total verdict at trial may not
exceed $15,000 above any available limits of insurance coverage and the total verdict may
not exceed $65,000.
(b) If a plaintiff requests a trial de novo under Subsection (11), the verdict at trial may not exceed
$50,000.
(19) All arbitration awards issued under this section shall bear postjudgment interest pursuant to
Section 15-1-4.
Enacted by Chapter 32, 2014 General Session
Title 18. Dogs
Chapter 1
Injuries by Dogs
18-1-1 Liability of owners -- Scienter -- Dogs used in law enforcement.
(1) Every person owning or keeping a dog is liable in damages for injury committed by the dog, and
it is not necessary in the action brought therefor to allege or prove that the dog was of a vicious
or mischievous disposition or that the owner or keeper of the dog knew that it was vicious or
mischievous.
(2) Notwithstanding Subsection (1), neither the state nor any county, city, or town in the state nor
any peace officer employed by any of them shall be liable in damages for injury committed by a
dog, if:
(a) the dog has been trained to assist in law enforcement; and
(b) the injury occurs while the dog is reasonably and carefully being used in the apprehension,
arrest, or location of a suspected offender or in maintaining or controlling the public order.
Amended by Chapter 297, 2011 General Session
18-1-2 Dogs acting together -- Actions -- Parties -- Judgment.
Where any injury has been committed by two or more dogs acting together and such dogs are
owned or kept by different persons, all such persons may be joined as defendants in the same
action to recover damages therefor, and the amount found by the court or jury as damages for
such injury shall be apportioned among the several defendants found liable and judgment shall be
entered severally against them for the amount so apportioned.
No Change Since 1953
18-1-3 Dogs attacking domestic animals, service animals, hoofed protected wildlife, or
domestic fowls.
Any person may injure or kill a dog while:
(1) the dog is attacking, chasing, or worrying:
(a) a domestic animal having a commercial value;
(b) a service animal, as defined in Section 62A-5b-102; or
(c) any species of hoofed protected wildlife;
(2) the dog is attacking domestic fowls; or
(3) the dog is being pursued for committing an act described in Subsection (1) or (2).
Amended by Chapter 22, 2007 General Session
18-1-4 Use of arbitration in personal injury from dog attack cases.
(1) A person injured as a result of a dog attack may elect to submit all third party bodily injury
claims to arbitration by filing a notice of the submission of the claim to binding arbitration in a
district court if:
(a) the claimant or the claimant's representative has:
(i) previously and timely filed a complaint in a district court that includes a third party bodily
injury claim; and
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Page 2
(ii) filed a notice to submit the claim to arbitration within 14 days after the complaint has been
answered; and
(b) the notice required under Subsection (1)(a)(ii) is filed while the action under Subsection (1)(a)
(i) is still pending.
(2)
(a) If a party submits a bodily injury claim to arbitration under Subsection (1), the party submitting
the claim or the party's representative is limited to an arbitration award that may not exceed
$50,000 in addition to any medical premise benefits and any claim for property damage.
(b) A party who elects to proceed against a defendant under this section:
(i) waives the right to obtain a judgment against the personal assets of the defendant; and
(ii) is limited to recovery only against available limits of insurance coverage.
(3) A claim for punitive damages may not be made in an arbitration proceeding under Subsection
(1) or any subsequent proceeding, even if the claim is later resolved through a trial de novo
under Subsection (11).
(4)
(a) A party who has elected arbitration under this section may rescind the party's election if the
rescission is made within:
(i) 90 days after the election to arbitrate; and
(ii) no less than 30 days before any scheduled arbitration hearing.
(b) A party seeking to rescind an election to arbitrate under this Subsection (4) shall:
(i) file a notice of the rescission of the election to arbitrate with the district court in which the
matter was filed; and
(ii) send copies of the notice of the rescission of the election to arbitrate to all counsel of record
to the action.
(c) All discovery completed in anticipation of the arbitration hearing shall be available for use by
the parties as allowed by the Utah Rules of Civil Procedure and the Utah Rules of Evidence.
(d) A party who has elected to arbitrate under this section and then rescinded the election to
arbitrate under this Subsection (4) may not elect to arbitrate the claim under this section
again.
(5)
(a) Unless otherwise agreed to by the parties or by order of the court, an arbitration process
elected under this section is subject to Rule 26, Utah Rules of Civil Procedure.
(b) Unless otherwise agreed to by the parties or ordered by the court, discovery shall be
completed within 150 days after the date arbitration is elected under this section or the date
the answer is filed, whichever is longer.
(6)
(a) Unless otherwise agreed to in writing by the parties, a claim that is submitted to arbitration
under this section shall be resolved by a single arbitrator.
(b) Unless otherwise agreed to by the parties or ordered by the court, all parties shall agree on
the single arbitrator selected under Subsection (6)(a) within 90 days of the answer of the
defendant.
(c) If the parties are unable to agree on a single arbitrator as required under Subsection (6)(b),
the parties shall select a panel of three arbitrators.
(d) If the parties select a panel of three arbitrators under Subsection (6)(c):
(i) each side shall select one arbitrator; and
(ii) the arbitrators selected under Subsection (6)(d)(i) shall select one additional arbitrator to be
included in the panel.
(7) Unless otherwise agreed to in writing:
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(a) each party shall pay an equal share of the fees and costs of the arbitrator selected under
Subsection (6)(a); and
(b) if an arbitration panel is selected under Subsection (6)(d):
(i) each party shall pay the fees and costs of the arbitrator selected by that party's side; and
(ii) each party shall pay an equal share of the fees and costs of the arbitrator selected under
Subsection (6)(d)(ii).
(8) Except as otherwise provided in this section and unless otherwise agreed to in writing by the
parties, an arbitration proceeding conducted under this section shall be governed by Title 78B,
Chapter 11, Utah Uniform Arbitration Act.
(9)
(a) Subject to the provisions of this section, the Utah Rules of Civil Procedure and the Utah Rules
of Evidence apply to the arbitration proceeding.
(b) The Utah Rules of Civil Procedure and the Utah Rules of Evidence shall be applied liberally
with the intent of concluding the claim in a timely and cost-efficient manner.
(c) Discovery shall be conducted in accordance with the Utah Rules of Civil Procedure and shall
be subject to the jurisdiction of the district court in which the matter is filed.
(d) Dispositive motions shall be filed, heard, and decided by the district court prior to the
arbitration proceeding in accordance with the court's scheduling order.
(10) A written decision by a single arbitrator or by a majority of the arbitration panel shall constitute
a final decision.
(11) An arbitration award issued under this section shall be the final resolution of all bodily injury
claims between the parties and may be reduced to judgment by the court upon motion and
notice unless:
(a) either party, within 20 days after service of the arbitration award:
(i) files a notice requesting a trial de novo in the district court; and
(ii) serves the nonmoving party with a copy of the notice requesting a trial de novo under
Subsection (11)(a)(i); or
(b) the arbitration award has been satisfied.
(12)
(a) Upon filing a notice requesting a trial de novo under Subsection (11):
(i) unless otherwise stipulated to by the parties or ordered by the court, an additional 90 days
shall be allowed for further discovery;
(ii) the additional discovery time under Subsection (12)(a)(i) shall run from the notice of appeal;
and
(iii) the claim shall proceed through litigation pursuant to the Utah Rules of Civil Procedure and
the Utah Rules of Evidence in the district court.
(b) In accordance with the Utah Rules of Civil Procedure, either party may request a jury trial with
a request for trial de novo filed under Subsection (11).
(13)
(a) If the plaintiff, as the moving party in a trial de novo requested under Subsection (11), 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.
(b) Except as provided in Subsection (13)(c), the costs under Subsection (13)(a) shall include:
(i) any costs set forth in Rule 54(d), Utah Rules of Civil Procedure; and
(ii) the costs of expert witnesses and depositions.
(c) An award of costs under this Subsection (13) may not exceed $6,000.
(14)
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(a) If a defendant, as the moving party in a trial de novo requested under Subsection (11), 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.
(b) Except as provided in Subsection (14)(c), the costs under Subsection (14)(a) shall include:
(i) any costs set forth in Rule 54(d), Utah Rules of Civil Procedure; and
(ii) the costs of expert witnesses and depositions.
(c) An award of costs under this Subsection (14) may not exceed $6,000.
(15) For purposes of determining whether a party's verdict is greater or less than the arbitration
award under Subsections (13) and (14), a court may not consider any recovery or other relief
granted on a claim for damages if the claim for damages was not disclosed in:
(a) writing prior to the arbitration proceeding; or
(b) response to discovery contrary to the Utah Rules of Civil Procedure.
(16) If a district court determines, upon a motion of the nonmoving party, that the moving party's
use of the trial de novo process was filed in bad faith, as described in Section 78B-5-825, the
district court may award reasonable attorney fees to the nonmoving party.
(17) Nothing in this section is intended to affect or prevent any first party claim from later being
brought under any first party insurance policy under which the injured person is a covered
person.
(18)
(a) If a defendant requests a trial de novo under Subsection (11), the total verdict at trial may not
exceed $15,000 above any available limits of insurance coverage and the total verdict may
not exceed $65,000.
(b) If a plaintiff requests a trial de novo under Subsection (11), the verdict at trial may not exceed
$50,000.
(19) All arbitration awards issued under this section shall bear postjudgment interest pursuant to
Section 15-1-4.
Enacted by Chapter 32, 2014 General Session