Dog Bite Defenses: Trespass and Your Own Fault

By the FigureMyTax Editorial Team · How we calculate

The statutory exceptions are narrow, and one of them requires a fence.

Trespassers behind a fence

An owner or keeper is not liable if the injury is to a trespasser in violation of Utah Code 76-6-206(2), and it occurs on the owner's private property while the dog is reasonably secured within a fence or other enclosure. Both conditions must be met.

Law enforcement dogs

The state, counties, cities and towns, and peace officers are not liable for injuries by a dog and handler trained and certified for law enforcement, if the statute's conditions are met.

Other animals

An owner is not liable for an injury or death to another animal that entered the private property without consent, while the dog was reasonably secured.

Your own fault

Damages are determined under UCA 78B-5-818, so provoking the dog or other fault reduces them, and 50% or more bars recovery. Law firm summaries list provocation as a defense, but the statute's text lists only the exceptions above.

Insurance

Dog injury claims are often paid under the owner's homeowner's or renter's insurance.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Utah's rules apply to your specific case with a licensed Utah attorney.