Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 101 (2025GS)

Sponsor

Sen. Kwan, Karen

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• provides that a dog owner is not liable for injury or death caused by the owner's dog to a trespasser; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

4
18-1-1
57-14-301
0
Dog Related Liability Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Karen Kwan
House Sponsor: Andrew Stoddard
LONG TITLE
General Description:
This bill relates to dog owner liability.
Highlighted Provisions:
This bill:
provides that a dog owner is not liable for injury or death caused by the owner's dog to a 
trespasser; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
18-1-1
, as last amended by Laws of Utah 2024, Chapter 438
57-14-301
, as enacted by Laws of Utah 2013, Chapter 212
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
18-1-1
 is amended to read:
18-1-1
. Liability and damages for dog injury -- Exceptions.
(1)
(a)
Except as provided in Subsections (2) and (3), 
a person
an individual
 who owns 
or keeps a dog is liable for an injury caused by the dog, regardless of whether:
(i)
the dog is vicious or mischievous; or
(ii)
the owner knows the dog is vicious or mischievous.
(b)
Damages for an injury described in Subsection (1)(a) shall be determined in 
accordance with Section 
78B-5-818
.
(2)
Neither the state nor any county, city, or town in the state nor any peace officer 
employed by the state, a county, a city, or a town is liable in damages for an injury 
caused by a dog, if:
(a)
the dog and the dog's law enforcement handler are trained to assist in law 
enforcement and are certified according to the standards adopted in Title 53, Chapter 
6, Part 4, Law Enforcement Canine Team Certification Act;
(b)
the governmental agency has adopted a written policy on the necessary and 
appropriate use of dogs in official law enforcement duties;
(c)
the actions of the dog's handler do not violate the agency's written policy; and
(d)
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.
(3)
A person
An individual
 who owns or keeps a dog is not liable for an injury or death 
caused by the dog if:
(a)
(i)
the injury or death is to another animal;
(b)
(ii)
the injury or death occurs:
(i)
(A)
on the 
person's
individual's
 private property; and
(ii)
(B)
while the dog is reasonably secured within a fence or other enclosure; and
(c)
(iii)
the animal described in Subsection (3)(a) entered the 
person's
individual's
private property without consent
.
; or
(b)
(i)
the injury or death is to a trespasser who is in violation of Subsection 
76-6-206(2)
; and
(ii)
the injury or death occurs:
(A)
on the individual's private property; and
(B)
while the dog is reasonably secured within a fence or other enclosure.
Section 2, Section 
57-14-301
 is amended to read:
57-14-301
. Owner liability to trespasser.
(1)
Except as provided in Subsection 
(2)
, with respect to a trespasser, an owner does not:
(a)
make any representation or extend any assurance that the land is safe for any purpose;
(b)
owe any duty of care to the trespasser;
(c)
assume responsibility for or incur liability for any injury to, the death of, or damage 
to property of, a trespasser; or
(d)
owe any duty to curtail the owner's use of the land.
(2)
Notwithstanding Subsection 
(1)
 and except as provided in Subsection 
(3)
, an owner may 
be subject to liability for serious physical injury or death to a trespasser if:
(a)
(i)
the trespasser is a child;
(ii)
the serious physical injury or death is caused by an artificial condition on the land;
(iii)
the owner knows or reasonably should know that:
(A)
the artificial condition exists;
(B)
the artificial condition poses an unreasonable risk of serious physical injury or 
death to a child; and
(C)
a child is likely to trespass at the location of the artificial condition;
(iv)
the artificial condition is not of a type that a child, because of the child's youth, 
would discover exists or would not realize that the artificial condition poses a risk 
of serious physical injury or death; and
(v)
the owner fails to take reasonable measures to eliminate, or to protect against 
serious physical injury or death from, the artificial condition;
(b)
(i)
the serious physical injury or death:
(A)
occurs on a limited area of the land that the owner knows, or reasonably 
should know, is constantly intruded upon by trespassers; and
(B)
is caused by an activity conducted by the owner that poses a risk of serious 
physical injury or death to a trespasser; and
(ii)
the owner fails to conduct the activity described in Subsection 
(2)(b)(i)(B)
 with 
reasonable care for a trespasser's safety.
(3)
(a)
An owner is not subject to liability for serious physical injury or death to a 
trespasser if the conduct of the owner that results in serious physical injury or death is 
permitted or justified under 
Title 76, Chapter 2, Part 4, Justification Excluding 
Criminal Responsibility
, or any other provision of law.
(b)
(3)
An owner is not subject to liability for serious physical injury or death to a 
trespasser under Subsection 
(2)
 if
:
(a)
the burden on the owner to eliminate, or to protect against serious physical injury or 
death from, the artificial condition outweighs the risk of serious physical injury or 
death posed by the artificial condition
.
; or
(c)
(b)
An owner is not subject to liability for serious physical injury or death to a 
trespasser under Subsection 
(2)
 if 
the serious injury or death is caused by an 
irrigation canal or ditch.
(4)
An owner is not subject to liability for serious physical injury or death to a trespasser if:
(a)
the conduct of the owner that results in serious physical injury or death is permitted 
or justified under:
(i)
Title 76, Chapter 2, Part 4, Justification Excluding Criminal Responsibility; or
(ii)
any other provision of law; or
(b)
the serious physical injury or death is caused by the owner's dog in accordance with 
Subsection 
18-1-1(3)(b)
.
(d)
(5)
A public transit district is not subject to liability for a serious physical injury or 
death to a trespasser under Subsection 
(2)
 if the serious injury or death is caused by a 
trespasser entering into a fixed guideway, railroad right-of-way, or on transit facilities or 
premises in violation of Section 
56-1-18.5
 or Section 
41-6a-1005
.
(4)
(6)
Nothing in this chapter shall impose liability on an owner except to the extent 
liability existed as of May 14, 2013.
Section 3. 
Effective date.
This bill takes effect on 
May 7, 2025
.
3-11-25 3:07 PM