Full question:
A neighbors dog has been getting into a garbage can and spreading garbage all over the road. For the fourth time, I chased the dog away, only this time I tripped and fell and injured my face. The dog was in the street, I fell chasing him away on the park strip of grass, my face hit the gutter.
- Category: Animals
- Date:
- State: Utah
Answer:
Animal leashing laws are governed by local ordinances. I suggest calling the local animal warden.
In order to show that a person is liable for an injury, it must be shown that there was a breach of duty, and the breach was the cause of foreseeable injury to the plaintiff. It will be a matter of determination for the court, based on all the facts and circumstances involved, whether the dog's acts caused your injury. The injury must be shown to be the natural and probable result or consequence of acts complained of. Sometimes there is an intervening cause which comes after the original negligence of the defendant and the injured plaintiff, which will either reduce the amount of the defendant's liability. If this intervening cause is the substantial reason for the injury, then the defendant will not be liable.
The following is a Utah statute:
18-1-1. Liability of owners — Scienter — Dogs used in law
enforcement.
Every person owning or keeping a dog shall be liable in damages for
injury committed by such dog, and it shall not be necessary in any action
brought therefor to allege or prove that such dog was of a vicious or
mischievous disposition or that the owner or keeper thereof knew that it
was vicious or mischievous; but neither the state nor any county, city,
or town in the state nor any peace officer employed by any of them shall
be liable in damages for injury committed by a dog when: (1) The dog has
been trained to assist in law enforcement, and (2) 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.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
