Understanding Utah’s Dog Bite Law
People often ask, “What is Utah’s dog bite law?” It may seem like an unusual area of law at first. How could a dog biting someone involve legal action? These are all valid questions, and the answers are simple.
The law in the United States allows personal freedom while preventing people from using that freedom to harm others. When one person harms another unreasonably, the injured person can seek compensation. Simply put, if you hurt someone, you should pay for it.
This principle forms what’s known as the tort system. Of course, you cannot sue a dog directly. Even if you could, what would you win—a bone? The tort system lets dog bite victims recover damages from the owner under several legal theories. Each theory has specific facts that must be proven to win the case. Winning a lawsuit is rarely easy.
In Utah, there are three main legal paths to pursue compensation after a dog bite: intentional tort, negligence, and strict liability.
Intentional Tort Cases
The first legal theory is intentional tort. These cases are rare because they require proof that the owner deliberately caused the attack.
A victim must show that the dog’s owner intentionally ordered or allowed the dog to bite. For example, imagine visiting a friend’s house and arguing, and your friend lets their pit bull loose, yelling, “Get ’em, boy!” That would be an intentional dog bite.
In such cases, the law clearly holds the owner responsible for their deliberate actions.
Negligence and the “One Bite Rule”
The second path is negligence. This theory requires proving that the dog owner failed to act with reasonable care. The victim must show that the owner had a duty to keep others safe, breached that duty, and caused harm.
Negligence is the most common legal theory in dog bite cases nationwide, but it’s not necessary in Utah. Proving negligence can be hard. If a dog has never bitten anyone before, how would the owner know to take extra precautions?
To simplify this issue, many states use the “One Bite Rule.” Under this rule, a dog gets one “free” bite—if it’s the first incident, the owner is not considered negligent. However, once a dog has bitten someone, the owner is on notice and must take extra care to prevent future bites.
While this rule encourages owners of known aggressive dogs to act responsibly, it also allows every dog one free bite.
Utah’s Strict Liability Rule
Because of that, Utah follows a strict liability standard. Under strict liability, a victim doesn’t need to prove the dog was known to be vicious.
If your dog bites someone in Utah, you are automatically responsible for their injuries. This rule ensures that pet owners take precautions to prevent harm to others. It’s designed to protect victims and encourage responsible pet ownership.
If your dog injures someone, the law is not likely on your side. Offering to pay medical expenses is not just neighborly—it’s wise.
If you’ve been bitten by a dog in Utah, contact a dog bite lawyer immediately. An experienced attorney can explain your rights, handle insurance claims, and help you recover full compensation for your injuries.
