The Statutory Law in Utah on Dog Bites reads:
18-1-1. Liability of owners — Scienter — Dogs used in law enforcement.
Every person owning or keeping a dog shall be liable in damages for injury committed by such dog, and it shall not be necessary in any action brought therefor to allege or prove that such dog was of a vicious or mischievous disposition or that the owner or keeper thereof knew that it was vicious or mischievous…
This statute makes the owner of a dog that bites or mauls another person strictly liable.This means that the owner of a dog that attacks another is automatically responsible for the harm caused by the attacking dog.
However the owner of the dog can introduce evidence of comparative negligence.For example, the dog owner (or more correctly the dog owner's insurance company) might try to introduce evidence that the victim is to blame.There might be a claim that the victim taunted the dog or somehow physically provoked the dog.The act of the victim causing some of their own harm is called comparative negligence.In other words the defense insurance company is arguing that the victim is partly (or totally) to blame for the dog attack.
If the dog owner's insurance company introduces evidence of comparative negligence then we can introduce evidence of the dog's prior propensity to bite or that the dog had a mischievous nature.That is why we use experienced private detectives to conduct interviews in the neighborhood if there is any likelihood that the defending insurance company will claim comparative negligence on the part of the victim.
If you need help in your dog bite or dog mauling case we are ready to provide you the assistance you need.Remember – there is never any fee until we get money for you.Call George Tait Law for a free consultation at 801-487-6454 or toll free at 800-953-4811.You can also fill out the e-mail form and I will contact you as soon as possible.