Utah Dog Bites to Children: Liability, Deadlines for Minors, and Protecting a Child's Claim
General information, not legal advice. Read the full disclaimer.
Short answer: Utah's dog statute applies to any injury a dog causes, including bites to children: the owner or keeper is liable whether or not the dog is vicious and whether or not the owner knew it was (Utah Code § 18-1-1(1)(a)). The statute's exceptions — police K-9s, injuries to other animals on fenced property, and trespassers violating § 76-6-206(2) when the dog is secured — are narrow. For a child, the statute of limitations does not run while the child is under 18 (§ 78B-2-108), but you should not wait: evidence and memories fade, a parent's own claim for medical expenses may be treated separately, and government notice deadlines don't toll. Any settlement for a child needs careful handling.
Who this guide is for
Parents and guardians of children bitten by a dog in Utah.
Liability
- Strict liability. A child doesn't have to prove the dog was dangerous or that the owner was careless.
- Comparative fault for children. Fault is allocated under § 78B-5-818; how a child's conduct is judged depends on age and circumstances, which is a legal question for your attorney.
- The trespasser exception applies to a trespasser in violation of § 76-6-206(2) injured on private property while the dog is reasonably secured within a fence or enclosure. Whether and how that applies to a young child is a question for a lawyer; do not assume a child who wandered into a yard has no claim.
- Who is liable besides the owner: a person who "keeps" the dog; a daycare or school if its negligence let a dog near children (government schools have notice rules); a landlord, depending on the facts. See Injured in a Utah Rental and Utah Public School Injury Claims.
Medical and reporting steps
Seek medical care promptly. Bites to the face and hands can involve serious scarring and nerve injury, and children may need follow-up care and counseling. Report the bite to animal control; under R386-702-12 a healthy biting dog is confined and observed for ten days. Keep every record. See What to Do After a Dog Bite in Utah.
Deadlines for children
- The child's claim: Utah Code § 78B-2-108 provides that during the time a person is under 18, the statute of limitations may not run. In practice a parent or guardian generally brings the claim for the child.
- The parent's claim: parents may have a separate claim for the child's medical expenses and other losses they bear; ask a lawyer about its timing.
- Government claims: if a government-owned dog (a police K-9) or government property is involved, a notice of claim within one year is required, and tolling may not apply. See Utah Governmental Immunity Act Claims.
- Practical advice: act early, even though the child's deadline is tolled. See Utah Injury Claims for Children.
Settlements for children
A settlement ends the claim. For a child, consider future surgery, scar revision, therapy and psychological impact. We did not find a Utah statute we could cite on court approval of minors' settlements, so ask your attorney what is required and how the funds should be protected. Liens for the child's care also matter. See Utah Injury Settlement Offers and Releases and Utah Medical Liens on Injury Settlements.
Insurance
The owner's homeowner's or renter's policy usually responds. See Dog Bite Claims and Homeowner's or Renter's Insurance in Utah.
Related
Utah Dog Bite Liability, Utah Personal Injury Damages.
Frequently asked questions
Is the dog owner liable if my child was bitten in the owner's yard?
Generally yes under § 18-1-1, subject to the narrow exceptions.
How long do I have to file for my child?
The child's limitation period doesn't run during minority (§ 78B-2-108), but act early and watch parents' and government deadlines.
Does the dog have to have bitten before?
No.
Who handles the settlement?
A parent or guardian, with legal advice on protecting the funds.