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uca_title_18.txt
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uca_title_18.txt
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Utah Code Annotated - Title 18 - Dogs
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Utah Code Annotated - Title 18 - Chapter 1 - Injuries by Dogs
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Utah Code Annotated § 18-1-1 Liability and damages for dog injury -- Exceptions.
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Utah Code Annotated § 18-1-1(1): 78B-5-818
Utah Code Annotated § 18-1-1(1)(a): Except as provided in Subsections (2) and (3), a person who owns or keeps a dog is liable for an injury caused by the dog, regardless of whether:
Utah Code Annotated § 18-1-1(1)(a)(i): the dog is vicious or mischievous; or
Utah Code Annotated § 18-1-1(1)(a)(ii): the owner knows the dog is vicious or mischievous.
Utah Code Annotated § 18-1-1(1)(b): 78B-5-818 Damages for an injury described in Subsection (1)(a) shall be determined in accordance with Section
Utah Code Annotated § 18-1-1(2): Neither the state nor any county, city, or town in the state nor any peace officer employed by the state, a county, a city, or a town is liable in damages for an injury caused by a dog, if:
Utah Code Annotated § 18-1-1(2)(a): the dog and the dog's law enforcement handler are trained to assist in law enforcement and are certified according to the standards adopted in Title 53, Chapter 6, Part 4, Law Enforcement Canine Team Certification Act;
Utah Code Annotated § 18-1-1(2)(b): the governmental agency has adopted a written policy on the necessary and appropriate use of dogs in official law enforcement duties;
Utah Code Annotated § 18-1-1(2)(c): the actions of the dog's handler do not violate the agency's written policy; and
Utah Code Annotated § 18-1-1(2)(d): 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.
Utah Code Annotated § 18-1-1(3): A person who owns or keeps a dog is not liable for an injury or death caused by the dog if:
Utah Code Annotated § 18-1-1(3)(a): the injury or death is to another animal;
Utah Code Annotated § 18-1-1(3)(b): the injury or death occurs:
Utah Code Annotated § 18-1-1(3)(b)(i): on the person's private property; and
Utah Code Annotated § 18-1-1(3)(b)(ii): while the dog is reasonably secured within a fence or other enclosure; and
Utah Code Annotated § 18-1-1(3)(c): the animal described in Subsection (3)(a) entered the person's private property without consent.
Utah Code Annotated § 18-1-2 Dogs acting together -- Actions -- Parties -- Judgment.
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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.
Utah Code Annotated § 18-1-3 Dogs attacking domestic animals, service animals, hoofed protected wildlife, or domestic fowls.
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Any person may injure or kill a dog while:Utah Code Annotated § 18-1-3(1): 26B-6-801 the dog is attacking, chasing, or worrying:
Utah Code Annotated § 18-1-3(1)(a): a domestic animal having a commercial value;
Utah Code Annotated § 18-1-3(1)(b): 26B-6-801 a service animal, as defined in Section
Utah Code Annotated § 18-1-3(1)(c): any species of hoofed protected wildlife;
Utah Code Annotated § 18-1-3(2): the dog is attacking domestic fowls; or
Utah Code Annotated § 18-1-3(3): (1); (2) the dog is being pursued for committing an act described in Subsection
Utah Code Annotated § 18-1-4 Use of arbitration in personal injury from dog attack cases.
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Utah Code Annotated § 18-1-4(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 court if:
Utah Code Annotated § 18-1-4(1)(a): the claimant or the claimant's representative has:
Utah Code Annotated § 18-1-4(1)(a)(i): previously and timely filed a complaint in a court that includes a third party bodily injury claim; and
Utah Code Annotated § 18-1-4(1)(a)(ii): filed a notice to submit the claim to arbitration within 14 days after the complaint has been answered; and
Utah Code Annotated § 18-1-4(1)(b): the notice required under Subsection (1)(a)(ii) is filed while the action under Subsection (1)(a)(i) is still pending.
Utah Code Annotated § 18-1-4(2):
Utah Code Annotated § 18-1-4(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.
Utah Code Annotated § 18-1-4(2)(b): A party who elects to proceed against a defendant under this section:
Utah Code Annotated § 18-1-4(2)(b)(i): waives the right to obtain a judgment against the personal assets of the defendant; and
Utah Code Annotated § 18-1-4(2)(b)(ii): is limited to recovery only against available limits of insurance coverage.
Utah Code Annotated § 18-1-4(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).
Utah Code Annotated § 18-1-4(4):
Utah Code Annotated § 18-1-4(4)(a): A party who has elected arbitration under this section may rescind the party's election if the rescission is made within:
Utah Code Annotated § 18-1-4(4)(a)(i): 90 days after the election to arbitrate; and
Utah Code Annotated § 18-1-4(4)(a)(ii): no less than 30 days before any scheduled arbitration hearing.
Utah Code Annotated § 18-1-4(4)(b): A party seeking to rescind an election to arbitrate under this Subsection (4) shall:
Utah Code Annotated § 18-1-4(4)(b)(i): file a notice of the rescission of the election to arbitrate with the court in which the matter was filed; and
Utah Code Annotated § 18-1-4(4)(b)(ii): send copies of the notice of the rescission of the election to arbitrate to all counsel of record to the action.
Utah Code Annotated § 18-1-4(4)(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.
Utah Code Annotated § 18-1-4(4)(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.
Utah Code Annotated § 18-1-4(5):
Utah Code Annotated § 18-1-4(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.
Utah Code Annotated § 18-1-4(5)(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.
Utah Code Annotated § 18-1-4(6):
Utah Code Annotated § 18-1-4(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.
Utah Code Annotated § 18-1-4(6)(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.
Utah Code Annotated § 18-1-4(6)(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.
Utah Code Annotated § 18-1-4(6)(d): If the parties select a panel of three arbitrators under Subsection (6)(c):
Utah Code Annotated § 18-1-4(6)(d)(i): each side shall select one arbitrator; and
Utah Code Annotated § 18-1-4(6)(d)(ii): the arbitrators selected under Subsection (6)(d)(i) shall select one additional arbitrator to be included in the panel.
Utah Code Annotated § 18-1-4(7): Unless otherwise agreed to in writing:
Utah Code Annotated § 18-1-4(7)(a): each party shall pay an equal share of the fees and costs of the arbitrator selected under Subsection (6)(a); and
Utah Code Annotated § 18-1-4(7)(b): if an arbitration panel is selected under Subsection (6)(d):
Utah Code Annotated § 18-1-4(7)(b)(i): each party shall pay the fees and costs of the arbitrator selected by that party's side; and
Utah Code Annotated § 18-1-4(7)(b)(ii): each party shall pay an equal share of the fees and costs of the arbitrator selected under Subsection (6)(d)(ii).
Utah Code Annotated § 18-1-4(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.
Utah Code Annotated § 18-1-4(9):
Utah Code Annotated § 18-1-4(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.
Utah Code Annotated § 18-1-4(9)(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.
Utah Code Annotated § 18-1-4(9)(c): Discovery shall be conducted in accordance with the Utah Rules of Civil Procedure and shall be subject to the jurisdiction of the court in which the matter is filed.
Utah Code Annotated § 18-1-4(9)(d): Dispositive motions shall be filed, heard, and decided by the court prior to the arbitration proceeding in accordance with the court's scheduling order.
Utah Code Annotated § 18-1-4(10): A written decision by a single arbitrator or by a majority of the arbitration panel shall constitute a final decision.
Utah Code Annotated § 18-1-4(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:
Utah Code Annotated § 18-1-4(11)(a): either party, within 20 days after service of the arbitration award:
Utah Code Annotated § 18-1-4(11)(a)(i): files a notice requesting a trial de novo in the court; and
Utah Code Annotated § 18-1-4(11)(a)(ii): serves the nonmoving party with a copy of the notice requesting a trial de novo under Subsection (11)(a)(i); or
Utah Code Annotated § 18-1-4(11)(b): the arbitration award has been satisfied.
Utah Code Annotated § 18-1-4(12):
Utah Code Annotated § 18-1-4(12)(a): Upon filing a notice requesting a trial de novo under Subsection (11):
Utah Code Annotated § 18-1-4(12)(a)(i): unless otherwise stipulated to by the parties or ordered by the court, an additional 90 days shall be allowed for further discovery;
Utah Code Annotated § 18-1-4(12)(a)(ii): the additional discovery time under Subsection (12)(a)(i) shall run from the notice of appeal; and
Utah Code Annotated § 18-1-4(12)(a)(iii): the claim shall proceed through litigation pursuant to the Utah Rules of Civil Procedure and the Utah Rules of Evidence in the court.
Utah Code Annotated § 18-1-4(12)(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).
Utah Code Annotated § 18-1-4(13):
Utah Code Annotated § 18-1-4(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.
Utah Code Annotated § 18-1-4(13)(b): Except as provided in Subsection (13)(c), the costs under Subsection (13)(a) shall include:
Utah Code Annotated § 18-1-4(13)(b)(i): any costs set forth in Rule 54(d), Utah Rules of Civil Procedure; and
Utah Code Annotated § 18-1-4(13)(b)(ii): the costs of expert witnesses and depositions.
Utah Code Annotated § 18-1-4(13)(c): An award of costs under this Subsection (13) may not exceed $6,000.
Utah Code Annotated § 18-1-4(14):
Utah Code Annotated § 18-1-4(14)(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.
Utah Code Annotated § 18-1-4(14)(b): Except as provided in Subsection (14)(c), the costs under Subsection (14)(a) shall include:
Utah Code Annotated § 18-1-4(14)(b)(i): any costs set forth in Rule 54(d), Utah Rules of Civil Procedure; and
Utah Code Annotated § 18-1-4(14)(b)(ii): the costs of expert witnesses and depositions.
Utah Code Annotated § 18-1-4(14)(c): An award of costs under this Subsection (14) may not exceed $6,000.
Utah Code Annotated § 18-1-4(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:
Utah Code Annotated § 18-1-4(15)(a): writing prior to the arbitration proceeding; or
Utah Code Annotated § 18-1-4(15)(b): response to discovery contrary to the Utah Rules of Civil Procedure.
Utah Code Annotated § 18-1-4(16): 78B-5-825 If a 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
Utah Code Annotated § 18-1-4(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.
Utah Code Annotated § 18-1-4(18):
Utah Code Annotated § 18-1-4(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.
Utah Code Annotated § 18-1-4(18)(b): If a plaintiff requests a trial de novo under Subsection (11), the verdict at trial may not exceed $50,000.
Utah Code Annotated § 18-1-4(19): 15-1-4 All arbitration awards issued under this section shall bear postjudgment interest pursuant to Section
Utah Code Annotated - Title 18 - Chapter 2 - Municipal Regulation
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Utah Code Annotated § 18-2-101 Regulation of dogs by a municipality.
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Utah Code Annotated § 18-2-101(1): A municipality may not adopt or enforce a breed-specific rule, regulation, policy, or ordinance regarding dogs.
Utah Code Annotated § 18-2-101(2): Any breed-specific rule, regulation, policy, or ordinance regarding dogs is void.