Utah 2025 Regular Session

Utah Senate Bill SB0101 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~Enrolled Copy~~ S.B. 101
	1	+	01-13 14:12 S.B. 101
2	2		1
3	3		Dog Related Liability Amendments
4	4		2025 GENERAL SESSION
5	5		STATE OF UTAH
6	6		Chief Sponsor: Karen Kwan
7		-	House Sponsor: Andrew Stoddard
8	7		2
9	8
10	9		3
11	10		LONG TITLE
12	11		4
13	12		General Description:
14	13		5
15	14		This bill relates to dog owner liability.
16	15		6
17	16		Highlighted Provisions:
18	17		7
19	18		This bill:
20	19		8
21	20		▸ provides that a dog owner is not liable for injury or death caused by the owner's dog to a
22	21		9
23	22		trespasser; and
24	23		10
25	24		▸ makes technical and conforming changes.
26	25		11
27	26		Money Appropriated in this Bill:
28	27		12
29	28		None
30	29		13
31	30		Other Special Clauses:
32	31		14
33	32		None
34	33		15
35	34		Utah Code Sections Affected:
36	35		16
37	36		AMENDS:
38	37		17
39	38		18-1-1, as last amended by Laws of Utah 2024, Chapter 438
40	39		18
41	40		57-14-301, as enacted by Laws of Utah 2013, Chapter 212
42	41		19
43	42
44	43		20
45	44		Be it enacted by the Legislature of the state of Utah:
46	45		21
47	46		Section 1. Section 18-1-1 is amended to read:
48	47		22
49	48		18-1-1 . Liability and damages for dog injury -- Exceptions.
50	49		23
51	50		(1)(a) Except as provided in Subsections (2) and (3), [a person] an individual who owns
52	51		24
53	52		or keeps a dog is liable for an injury caused by the dog, regardless of whether:
54	53		25
55	54		(i) the dog is vicious or mischievous; or
56	55		26
57	56		(ii) the owner knows the dog is vicious or mischievous.
58	57		27
59	58		(b) Damages for an injury described in Subsection (1)(a) shall be determined in
60	59		28
61		-	accordance with Section 78B-5-818. ~~S.B. 101 Enrolled Copy~~
	60	+	accordance with Section 78B-5-818.
62	61		29
63	62		(2) Neither the state nor any county, city, or town in the state nor any peace officer
64	63		30
65	64		employed by the state, a county, a city, or a town is liable in damages for an injury
66	65		31
67		-	caused by a dog, if:
	66	+	caused by a dog, if: S.B. 101 01-13 14:12
68	67		32
69	68		(a) the dog and the dog's law enforcement handler are trained to assist in law
70	69		33
71	70		enforcement and are certified according to the standards adopted in Title 53, Chapter
72	71		34
73	72		6, Part 4, Law Enforcement Canine Team Certification Act;
74	73		35
75	74		(b) the governmental agency has adopted a written policy on the necessary and
76	75		36
77	76		appropriate use of dogs in official law enforcement duties;
78	77		37
79	78		(c) the actions of the dog's handler do not violate the agency's written policy; and
80	79		38
81	80		(d) the injury occurs while the dog is reasonably and carefully being used in the
82	81		39
83	82		apprehension, arrest, or location of a suspected offender or in maintaining or
84	83		40
85	84		controlling the public order.
86	85		41
87	86		(3) [A person] An individual who owns or keeps a dog is not liable for an injury or death
88	87		42
89	88		caused by the dog if:
90	89		43
91	90		(a)(i) the injury or death is to another animal;
92	91		44
93	92		[(b)] (ii) the injury or death occurs:
94	93		45
95	94		[(i)] (A) on the [person's] individual's private property; and
96	95		46
97	96		[(ii)] (B) while the dog is reasonably secured within a fence or other enclosure; and
98	97		47
99	98		[(c)] (iii) the animal described in Subsection (3)(a) entered the [person's] individual's
100	99		48
101	100		private property without consent[.] ; or
102	101		49
103	102		(b)(i) the injury or death is to a trespasser who is in violation of Subsection
104	103		50
105	104		76-6-206(2); and
106	105		51
107	106		(ii) the injury or death occurs:
108	107		52
109	108		(A) on the individual's private property; and
110	109		53
111	110		(B) while the dog is reasonably secured within a fence or other enclosure.
112	111		54
113	112		Section 2. Section 57-14-301 is amended to read:
114	113		55
115	114		57-14-301 . Owner liability to trespasser.
116	115		56
117	116		(1) Except as provided in Subsection (2), with respect to a trespasser, an owner does not:
118	117		57
119	118		(a) make any representation or extend any assurance that the land is safe for any purpose;
120	119		58
121	120		(b) owe any duty of care to the trespasser;
122	121		59
123	122		(c) assume responsibility for or incur liability for any injury to, the death of, or damage
124	123		60
125	124		to property of, a trespasser; or
126	125		61
127	126		(d) owe any duty to curtail the owner's use of the land.
128	127		62
129	128		(2) Notwithstanding Subsection (1) and except as provided in Subsection (3), an owner may
130		-	- 2 - Enrolled Copy S.B. 101
131	129		63
132	130		be subject to liability for serious physical injury or death to a trespasser if:
133	131		64
134	132		(a)(i) the trespasser is a child;
135	133		65
136	134		(ii) the serious physical injury or death is caused by an artificial condition on the land;
	135	+	- 2 - 01-13 14:12 S.B. 101
137	136		66
138	137		(iii) the owner knows or reasonably should know that:
139	138		67
140	139		(A) the artificial condition exists;
141	140		68
142	141		(B) the artificial condition poses an unreasonable risk of serious physical injury or
143	142		69
144	143		death to a child; and
145	144		70
146	145		(C) a child is likely to trespass at the location of the artificial condition;
147	146		71
148	147		(iv) the artificial condition is not of a type that a child, because of the child's youth,
149	148		72
150	149		would discover exists or would not realize that the artificial condition poses a risk
151	150		73
152	151		of serious physical injury or death; and
153	152		74
154	153		(v) the owner fails to take reasonable measures to eliminate, or to protect against
155	154		75
156	155		serious physical injury or death from, the artificial condition;
157	156		76
158	157		(b)(i) the serious physical injury or death:
159	158		77
160	159		(A) occurs on a limited area of the land that the owner knows, or reasonably
161	160		78
162	161		should know, is constantly intruded upon by trespassers; and
163	162		79
164	163		(B) is caused by an activity conducted by the owner that poses a risk of serious
165	164		80
166	165		physical injury or death to a trespasser; and
167	166		81
168	167		(ii) the owner fails to conduct the activity described in Subsection (2)(b)(i)(B) with
169	168		82
170	169		reasonable care for a trespasser's safety.
171	170		83
172		-	[(3)(a) An owner is not subject to liability for serious physical injury or death to a
	171	+	(3)[(a) An owner is not subject to liability for serious physical injury or death to a
173	172		84
174	173		trespasser if the conduct of the owner that results in serious physical injury or death is
175	174		85
176	175		permitted or justified under Title 76, Chapter 2, Part 4, Justification Excluding
177	176		86
178	177		Criminal Responsibility, or any other provision of law.]
179	178		87
180		-	[(b)] ~~(3)~~ An owner is not subject to liability for serious physical injury or death to a
	179	+	[(b)] An owner is not subject to liability for serious physical injury or death to a
181	180		88
182	181		trespasser under Subsection (2) if:
183	182		89
184	183		(a) the burden on the owner to eliminate, or to protect against serious physical injury or
185	184		90
186	185		death from, the artificial condition outweighs the risk of serious physical injury or
187	186		91
188	187		death posed by the artificial condition[.] ; or
189	188		92
190	189		[(c)] (b) [An owner is not subject to liability for serious physical injury or death to a
191	190		93
192	191		trespasser under Subsection (2) if ]the serious injury or death is caused by an
193	192		94
194	193		irrigation canal or ditch.
195	194		95
196	195		(4) An owner is not subject to liability for serious physical injury or death to a trespasser if:
197	196		96
198	197		(a) the conduct of the owner that results in serious physical injury or death is permitted
199		-	- 3 - S.B. 101 Enrolled Copy
200	198		97
201	199		or justified under:
202	200		98
203	201		(i) Title 76, Chapter 2, Part 4, Justification Excluding Criminal Responsibility; or
204	202		99
205	203		(ii) any other provision of law; or
	204	+	- 3 - S.B. 101 01-13 14:12
206	205		100
207	206		(b) the serious physical injury or death is caused by the owner's dog in accordance with
208	207		101
209	208		Subsection 18-1-1(3)(b).
210	209		102
211	210		[(d)] (5) A public transit district is not subject to liability for a serious physical injury or
212	211		103
213	212		death to a trespasser under Subsection (2) if the serious injury or death is caused by a
214	213		104
215	214		trespasser entering into a fixed guideway, railroad right-of-way, or on transit facilities or
216	215		105
217	216		premises in violation of Section 56-1-18.5 or Section 41-6a-1005.
218	217		106
219	218		[(4)] (6) Nothing in this chapter shall impose liability on an owner except to the extent
220	219		107
221	220		liability existed as of May 14, 2013.
222	221		108
223	222		Section 3. Effective date.
224	223		109
225	224		This bill takes effect on May 7, 2025.
226	225		- 4 -