Dog Bite Liability – First Time My Dog Bit Someone
Who has the liability for dog bites in Utah. Many states subscribe to the legal doctrine referred to as “The One Bite Rule.” This rule dictates that dog owners must not be liable for harm caused by their dog if it is the very first time that the dog in question has bit someone. The rationale for such a rule is that in order for a dog owner to be held liable for actions of his or her dog, the plaintiff must show that the dog owner was negligent. In other words, the dog owner fell below a standard of reasonable care that a normally prudent dog owner would have followed. To show that reasonable care has been breached, a plaintiff would need to show that there was reason to believe that the dog would cause harm.
If the dog has never ever shown aggressive behavior before, then even a reasonably careful dog owner would not be apprehensive about his or her dog being near other people. In states that follow “The One Bite Rule,” an injured dog bite victim would not be able to recover against a dog owner if there was no other documented bite from that particular dog. Once a dog bite has been recorded, that dog is now considered dangerous. Upon the second bite, the dog owner would be liable for any and all damages arising out of the dog bite. These damages could then include special damages such as medical bills or lost wages if the victim is forced to miss work. They could also include general damages. As one would expect, it can be horribly psychologically traumatic to be attacked by an angry dog. The pain and suffering and emotional damages can be recovered in these jurisdictions as well, but only if it is not the first documented bite. Utah does not follow “The One Bite Rule.”
Liability For Dog Bite in Utah
Utah is a strict liability state when it comes to dog bites. No dog is given one free bite out of a human, and no dog owner is given one free pass in allowing their dog to cause harm to others that he or she will not have to pay for. In Utah, dog owners will be liable for any injury caused by their dog even if it is the very first incident involving a particular dog. This type of rule puts dog owners on notice that they must be responsible for the actions of their dogs at all times. It serves as a disincentive to owning and harboring dangerous and vicious dogs. Dog owners could understandably be frustrated with the status of dog bite law in the state of Utah. That same frustration is passed to injured victims in other states. What could be more frustrating that getting mauled in a dog attack and then finding out that you must pay your own medical bills because the dog that attacked you was young and had not been documented to have bitten any other people yet?
Sort out Liability For Dog Bite Issues With a Utah Dog Bite Attorney
If a dog has injured you or someone you know, contacting a professional Utah dog bite attorney can go a long way. A Utah dog bite lawyer can inform you of your rights and can help lead you to a peaceful resolution.
This article is offered only for general information and educational purposes. It is not offered as and does not constitute legal advice or legal opinion. You should not act or rely on any information contained in this article without first seeking the advice of an attorney.