Enrolled Copy S.B. 101
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Dog Related Liability Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Karen Kwan
House Sponsor: Andrew Stoddard
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LONG TITLE
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General Description:
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This bill relates to dog owner liability.
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Highlighted Provisions:
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This bill:
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▸ provides that a dog owner is not liable for injury or death caused by the owner's dog to a
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trespasser; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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18-1-1, as last amended by Laws of Utah 2024, Chapter 438
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57-14-301, as enacted by Laws of Utah 2013, Chapter 212
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 18-1-1 is amended to read:
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18-1-1 . Liability and damages for dog injury -- Exceptions.
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(1)(a) Except as provided in Subsections (2) and (3), [a person] an individual who owns
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or keeps a dog is liable for an injury caused by the dog, regardless of whether:
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(i) the dog is vicious or mischievous; or
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(ii) the owner knows the dog is vicious or mischievous.
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(b) Damages for an injury described in Subsection (1)(a) shall be determined in
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accordance with Section 78B-5-818. S.B. 101 Enrolled Copy
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(2) Neither the state nor any county, city, or town in the state nor any peace officer
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employed by the state, a county, a city, or a town is liable in damages for an injury
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caused by a dog, if:
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(a) the dog and the dog's law enforcement handler are trained to assist in law
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enforcement and are certified according to the standards adopted in Title 53, Chapter
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6, Part 4, Law Enforcement Canine Team Certification Act;
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(b) the governmental agency has adopted a written policy on the necessary and
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appropriate use of dogs in official law enforcement duties;
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(c) the actions of the dog's handler do not violate the agency's written policy; and
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(d) the injury occurs while the dog is reasonably and carefully being used in the
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apprehension, arrest, or location of a suspected offender or in maintaining or
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controlling the public order.
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(3) [A person] An individual who owns or keeps a dog is not liable for an injury or death
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caused by the dog if:
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(a)(i) the injury or death is to another animal;
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[(b)] (ii) the injury or death occurs:
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[(i)] (A) on the [person's] individual's private property; and
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[(ii)] (B) while the dog is reasonably secured within a fence or other enclosure; and
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[(c)] (iii) the animal described in Subsection (3)(a) entered the [person's] individual's
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private property without consent[.] ; or
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(b)(i) the injury or death is to a trespasser who is in violation of Subsection
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76-6-206(2); and
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(ii) the injury or death occurs:
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(A) on the individual's private property; and
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(B) while the dog is reasonably secured within a fence or other enclosure.
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Section 2. Section 57-14-301 is amended to read:
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57-14-301 . Owner liability to trespasser.
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(1) Except as provided in Subsection (2), with respect to a trespasser, an owner does not:
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(a) make any representation or extend any assurance that the land is safe for any purpose;
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(b) owe any duty of care to the trespasser;
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(c) assume responsibility for or incur liability for any injury to, the death of, or damage
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to property of, a trespasser; or
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(d) owe any duty to curtail the owner's use of the land.
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(2) Notwithstanding Subsection (1) and except as provided in Subsection (3), an owner may
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be subject to liability for serious physical injury or death to a trespasser if:
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(a)(i) the trespasser is a child;
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(ii) the serious physical injury or death is caused by an artificial condition on the land;
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(iii) the owner knows or reasonably should know that:
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(A) the artificial condition exists;
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(B) the artificial condition poses an unreasonable risk of serious physical injury or
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death to a child; and
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(C) a child is likely to trespass at the location of the artificial condition;
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(iv) the artificial condition is not of a type that a child, because of the child's youth,
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would discover exists or would not realize that the artificial condition poses a risk
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of serious physical injury or death; and
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(v) the owner fails to take reasonable measures to eliminate, or to protect against
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serious physical injury or death from, the artificial condition;
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(b)(i) the serious physical injury or death:
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(A) occurs on a limited area of the land that the owner knows, or reasonably
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should know, is constantly intruded upon by trespassers; and
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(B) is caused by an activity conducted by the owner that poses a risk of serious
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physical injury or death to a trespasser; and
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(ii) the owner fails to conduct the activity described in Subsection (2)(b)(i)(B) with
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reasonable care for a trespasser's safety.
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[(3)(a) An owner is not subject to liability for serious physical injury or death to a
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trespasser if the conduct of the owner that results in serious physical injury or death is
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permitted or justified under Title 76, Chapter 2, Part 4, Justification Excluding
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Criminal Responsibility, or any other provision of law.]
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[(b)] (3) An owner is not subject to liability for serious physical injury or death to a
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trespasser under Subsection (2) if:
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(a) the burden on the owner to eliminate, or to protect against serious physical injury or
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death from, the artificial condition outweighs the risk of serious physical injury or
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death posed by the artificial condition[.] ; or
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[(c)] (b) [An owner is not subject to liability for serious physical injury or death to a
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trespasser under Subsection (2) if ]the serious injury or death is caused by an
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irrigation canal or ditch.
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(4) An owner is not subject to liability for serious physical injury or death to a trespasser if:
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(a) the conduct of the owner that results in serious physical injury or death is permitted
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or justified under:
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(i) Title 76, Chapter 2, Part 4, Justification Excluding Criminal Responsibility; or
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(ii) any other provision of law; or
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(b) the serious physical injury or death is caused by the owner's dog in accordance with
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Subsection 18-1-1(3)(b).
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[(d)] (5) A public transit district is not subject to liability for a serious physical injury or
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death to a trespasser under Subsection (2) if the serious injury or death is caused by a
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trespasser entering into a fixed guideway, railroad right-of-way, or on transit facilities or
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premises in violation of Section 56-1-18.5 or Section 41-6a-1005.
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[(4)] (6) Nothing in this chapter shall impose liability on an owner except to the extent
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liability existed as of May 14, 2013.
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Section 3. Effective date.
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This bill takes effect on May 7, 2025.
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