Owning a dog is not an easy task. It is part of the dog owners’ responsibility to provide basic needs and training to their canines. Without adequate training, a dog can become vicious and attack people and other animals. This is a severe liability case for the dog owner.
To prevent dog attacks, a dog owner needs to understand the laws surrounding such cases. At the same time, a dog bite victim would greatly benefit from knowing these laws as well. Our Utah dog bite lawyer helped countless victims before. Our Utah dog bite attorney is dedicated to providing quality and affordable legal solutions to all personal injury victims.
What You Need to Know About Utah Dog Bite Law
Utah’s dog bite statute provides the legal context for dog bite attacks within the state. We will explore and define several elements of this law below. Understanding this law will help you identify whether a dog owner can be held liable for the dog attack.
• No biting is required. A bite is not needed for filing a lawsuit against a dog attack under Utah’s law. If you are fleeing from an attacking dog, the defendant will still need to cover any damages you sustained from running away. However, this may also be a ground for them to counter your claims. Regardless, your fault will probably be less than 50%.
• Strict liability. Under Utah Code Section 18-1-1, a dog’s owner is strictly liable for the injury committed by their pet. In Utah, dog bite cases are primarily the responsibility of the person owning the viscous or untrained dog. Victims of dog attacks can demand compensation accordingly.
• Comparative fault. U.C.A. § 78B-5-818(2) states that the state follows a modified comparative negligence law. Under this rule, if a victim is found partially at fault for the attack, then the compensation they can obtain will be reduced by the percentage of their shared fault. However, if the victim’s contribution is equal to or more than 50%, they are completely banned from recovering compensation from the dog owner.
• Recoverable damages. Suppose the victim could provide substantial proof to hold the defendant liable for the accident. In that case, they may be able to recover compensation for their damages. The amount recoverable varies depending on the damage a victim sustained.
Most Common Injuries in a Dog Bite
The injuries resulting from a dog attack range from physical damage to emotional distress. We enumerated below the most common injuries sustained in a dog attack.
- Rabies infection. Rabies is a virus found in the saliva of most animals. A dog injury victim often suffers from this catastrophic condition. Rabies invades the brain of the victim, causing psychosis or aggression. If a dog bites you, it’s crucial to seek medical treatment as soon as possible.
- Puncture wound. The primary defense mechanism of a dog is to bite. Because dogs are natural predators, they require a powerful biting force for survival. When a puncture wound is not adequately managed, it can lead to various illnesses.
- Other infections. Other than rabies, certain microorganisms can harbor in a dog’s teeth and tongue. If a dog bites you, you will likely suffer from various infections.
- Scarring. Dog bites and scratches cause serious skin injuries. A deep scratch is a significant injury that frequently results in permanent scarring.
- Trauma from a dog. Cynophobia is the scientific term to describe the irrational fear of dogs. Experiencing a traumatic event from a dog can lead to severe mental trauma affecting your judgment of dogs.
Damages You Can Recover for Your Dog Bite Injuries in Utah
A person injured by a vicious dog can recover compensation from the owner. The scope of this compensation covers damages that directly and indirectly affect the wounded victim’s finances. To further understand this, here are some recoverable damages a victim can obtain from a dog attack case:
• Economic damages. This compensation encompasses any injury affecting the victim’s finances. This includes medical bills, lost wages, and other property damages.
• Non-economic damages. In contrast, this compensation covers emotional damages. Mental grief, emotional distress, and loss of consortium are the best examples of this form of payment.
An injured person can file an injury claim to recover money from the dog attack incident. Most insurance plans have insurance coverage for dog attacks for around $100,000 to $300,000. If the damage exceeds the coverage, the dog owner will pay the plaintiff’s out-of-pocket expenses.
Things You Should Do Right After Your Dog Bite Attack in Utah
If a dog attacks you in Utah, you need to preserve as much evidence as possible to recover compensation from the dog owner. Here are some of the steps we recommend you must take after the incident:
- Seek medical treatment immediately. Keep in mind that a single dog bite could introduce you to various infectious microorganisms. Rabies is a virus prevalent in most mammals’ bites. You need to contact the emergency services immediately to administer post-exposure prophylaxis.
- Contact local enforcement. Once you are safe from any possible harm, you need to contact a police officer to draft a report on your incident. You can use this report later on as evidence for your claim.
- Inform the animal control. If the dog is vicious and the owner fails to keep up with the dog’s vaccination, animal control can help. They will quarantine the dog for observation, if necessary.
- Gather and preserve evidence. Obtain necessary reports such as the police report and the physician’s note. If someone can stand as a witness to the incident, you can obtain their information.
- Speak with a dog bite injury attorney. A personal injury lawyer can help you establish your case and defend your claims before the court. Some states impose a free bite rule, but Utah lacks that provision in the law. Regardless of the instances a dog bit a person, the owner is held strictly responsible for the incident.
How a Utah Dog Bite Injury Lawyer Can Help You
Our esteemed lawyers at Parker & McConkie can help you in your dog bite cases.
Hiring one of our personal injury attorneys can help you guarantee success in your injury claim.
Acting fast will help us preserve as much evidence as we can.
Proving Ownership
In dog bites, it’s crucial to identify the dog’s owner properly. Once the owner is correctly identified, you can pursue a lawsuit. The dog’s owner is responsible for any injury caused by their canine.
Identifying the pet’s owner can pose a challenge if the dog is kept outside. Your party has an option to partner with a private investigator or an analyst to find the dog owner. Keep in mind that the amount you can receive varies depending on the severity of the injury you sustained.
Identifying the Dog Owner’s Insurance Provider and Overall Coverage
Once your party has appropriately identified the owner of the dog, it’s time to file a claim. First, you will need to identify the defendant’s insurance company. You can obtain this information from the defendant or acquire it from a police report.
Victims can file a third-party claim from the defendant’s insurance provider in Utah. A third-party claim refers to any claims made by someone other than the policy owner. In this case, the third party is the dog bite victim.
Proving the Dog Has Caused Your Injuries
To prove liability in a dog attack case, your party will need to present a compelling set of evidence. Our proficient dog bite lawyer can help you establish your case and obtain solid pieces of evidence to present before the court. There are various legal defenses we can employ depending on the nature of your case.
Statute of Limitations in a Utah Dog Attack Case
According to Utah Law, UC-78-12-25 states that personal injury cases occurring within the state have a four-year statute of limitations. This limitation indicates that dog bite victims can sue their defendants within four years of the incident date. However, once the state-mandated regulations have passed, victims can no longer pursue any compensation claim from the at-fault.
Comparative Fault Applies to Dog Bite Claims in Utah
U.C.A. § 78B-5-818(2) provides the legal context of the state’s negligence law. According to this regulation, Utah follows a modified comparative negligence law. The state’s employed negligence law states that plaintiffs who have contributed 50% or more to cause the accident cannot recover compensation for their injuries.
Because of this reason, hiring an effective personal injury lawyer is crucial in recovering compensation. Your goal here is to prove that you contributed less than half for the accident to occur. Although running away from the attacking dog can be used against you, it cannot account for more than half of your contribution.
Contact the Utah Dog Bite Injury Lawyers at Parker & McConkie Today
For more information, please contact an experienced dog bite injury lawyer at Parker & McConkie to schedule a free initial consultation today. We have 5 convenient locations in Utah, including Midvale, Salt Lake City, Ogden & Provo, UT. Clients can also visit our offices in Idaho Falls, ID & Rock Springs, WY.
We proudly serve Weber County, Utah County, Salt Lake County in Utah, Bonneville County in Idaho, Sweetwater County in Wyoming , and its surrounding areas:
Parker & McConkie Personal Injury Lawyers – Salt Lake City Office
466 S. 500 E., Suite 100,
Salt Lake City, UT 84102
(801) 851-1202
Hours: 24/7
Parker & McConkie Personal Injury Lawyers – Midvale Office
7090 Union Park Ave, #160,
Midvale, UT 84047
(801) 845-0440
Hours: 24/7
Parker & McConkie Personal Injury Lawyers – Ogden Office
2510 S Washington Blvd, Suite 160,
Ogden, UT 84401
(385) 402-8187
Hours: 24/7
Parker & McConkie Personal Injury Lawyers – Provo Office
37 E Center St, Suite 300,
Provo, UT 84606
(801) 876-4107
Hours: 24/7
Parker & McConkie Personal Injury Lawyers – Rock Springs Office
531 N Front St,
Rock Springs, WY 82901
(307) 205-7400
Hours: 24/7
Parker & McConkie Personal Injury Lawyers – Idaho Falls Office
2235 East 25th St. Suite #280,
Idaho Falls, ID 83404
(208) 418-0633
Hours: 24/7
