HB 553

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1Dog Attack Amendments
                                       2026 GENERAL SESSION
                                            STATE OF UTAH
                                 Chief Sponsor: Jason E. Thompson
                                              Senate Sponsor:
2
3   LONG TITLE
4   General Description:
5This bill addresses provisions related to injuries from dog attacks.
6   Highlighted Provisions:
7This bill:
8▸ establishes that an individual injured in a dog attack may bring a claim for damages
9   within four years of the injury;
9a  ▸ Ĥ→ provides that a dog owner is not liable for injury or death caused by the owner's dog if
9b     the dog is a livestock guardian dog that was provoked while engaged in herding or
9c     guarding livestock on grazing land; ←Ĥ
10▸ raises the maximum award from $50,000 to $75,000 in arbitration and at trial for a bodily
11   injury claim resulting from a dog attack, not including certain costs; and
12▸ makes technical and conforming changes.
13   Money Appropriated in this Bill:
14None
15   Other Special Clauses:
16None
17   Utah Code Sections Affected:
18   AMENDS:
1918-1-1, as last amended by Laws of Utah 2025, Chapter 311
2018-1-4, as last amended by Laws of Utah 2024, Chapter 158
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2178B-2-307, as last amended by Laws of Utah 2023, Chapter 185
22
23   Be it enacted by the Legislature of the state of Utah:
24Section 1. Section 18-1-1 is amended to read:
2518-1-1 . Liability and damages for dog injury -- Exceptions.
26   (1)(a) Except as provided in Subsections (2) and (3), an individual who owns or keeps a
27dog is liable for an injury caused by the dog, regardless of whether:
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28(i) the dog is vicious or mischievous; or
29(ii) the owner knows the dog is vicious or mischievous.
30      (b) Damages for an injury described in Subsection (1)(a) shall be determined in
31accordance with Section 78B-5-818.
32      (c) An individual may bring a claim for damages resulting from an injury caused by a
33dog under this section no later than four years after the day on which the injury
34occurs, in accordance with Section 78B-2-307.
35  (2) Neither the state nor any county, city, or town in the state nor any peace officer
36      employed by the state, a county, a city, or a town is liable in damages for an injury
37      caused by a dog, if:
38      (a) the dog and the dog's law enforcement handler are trained to assist in law
39enforcement and are certified according to the standards adopted in Title 53, Chapter
406, Part 4, Law Enforcement Canine Team Certification Act;
41      (b) the governmental agency has adopted a written policy on the necessary and
42appropriate use of dogs in official law enforcement duties;
43      (c) the actions of the dog's handler do not violate the agency's written policy; and
44      (d) the injury occurs while the dog is reasonably and carefully being used in the
45apprehension, arrest, or location of a suspected offender or in maintaining or
46controlling the public order.
47  (3) An individual who owns or keeps a dog is not liable for an injury or death caused by the
48      dog if:
49      (a)(i) the injury or death is to another animal;
50(ii) the injury or death occurs:
51(A) on the individual's private property; and
52(B) while the dog is reasonably secured within a fence or other enclosure; and
53(iii) the animal described in Subsection (3)(a) entered the individual's private
54property without consent; Ĥ→ [ or] ←Ĥ
55      (b)(i) the injury or death is to a trespasser who is in violation of Subsection
5676-6-206(2); and
57(ii) the injury or death occurs:
58(A) on the individual's private property; and
59(B) while the dog is reasonably secured within a fence or other enclosure Ĥ→ [.] ;
59a  or
59b        (c)(i) the dog is a livestock guardian dog, as that term is defined in Section
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59c  76-6-111; and
59d  (ii) the injury or death occurs:
59e  (A) on public or private land subject to a valid grazing permit or lease held by
59f  the owner of the dog;
59g  (B) as a result of a provocation of the livestock guardian dog by negligent,
59h  reckless, or intentional conduct; and
59i  (C) while the dog was engaged in guarding or herding livestock. ←Ĥ
60Section 2. Section 18-1-4 is amended to read:
6118-1-4 . Use of arbitration in personal injury from dog attack cases.
62   (1) A person injured as a result of a dog attack may elect to submit all third party bodily
63injury claims to arbitration by filing a notice of the submission of the claim to binding
64arbitration in a court if:
65(a) the claimant or the claimant's representative has:
66(i) previously and timely filed a complaint in a court that includes a third party bodily
67injury claim; and
68(ii) filed a notice to submit the claim to arbitration within 14 days after the complaint
69has been answered; and
70(b) the notice required under Subsection (1)(a)(ii) is filed while the action under
71Subsection (1)(a)(i) is still pending.
72   (2)(a) [If] Except for a wrongful death action described in Section 78B-3-106, if a party
73submits a bodily injury claim to arbitration under Subsection (1), the party submitting
74the claim or the party's representative is limited to an arbitration award that may not
75exceed [$50,000] $75,000 in addition to any medical premise benefits and any claim
76for property damage.
77(b) A party who elects to proceed against a defendant under this section:
78(i) waives the right to obtain a judgment against the personal assets of the defendant;
79and
80(ii) is limited to recovery only against available limits of insurance coverage.
81   (3) A claim for punitive damages may not be made in an arbitration proceeding under
82Subsection (1) or any subsequent proceeding, even if the claim is later resolved through
83a trial de novo under Subsection (11).
84   (4)(a) A party who has elected arbitration under this section may rescind the party's
85election if the rescission is made within:
86(i) 90 days after the election to arbitrate; and
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87(ii) no less than 30 days before any scheduled arbitration hearing.
88      (b) A party seeking to rescind an election to arbitrate under this Subsection (4) shall:
89(i) file a notice of the rescission of the election to arbitrate with the court in which the
90matter was filed; and
91(ii) send copies of the notice of the rescission of the election to arbitrate to all counsel
92of record to the action.
93      (c) All discovery completed in anticipation of the arbitration hearing shall be available
94for use by the parties as allowed by the Utah Rules of Civil Procedure and the Utah
95Rules of Evidence.
96      (d) A party who has elected to arbitrate under this section and then rescinded the
97election to arbitrate under this Subsection (4) may not elect to arbitrate the claim
98under this section again.
99  (5)(a) Unless otherwise agreed to by the parties or by order of the court, an arbitration
100      process elected under this section is subject to Rule 26, Utah Rules of Civil
101      Procedure.
102      (b) Unless otherwise agreed to by the parties or ordered by the court, discovery shall be
103completed within 150 days after the date arbitration is elected under this section or
104the date the answer is filed, whichever is longer.
105  (6)(a) Unless otherwise agreed to in writing by the parties, a claim that is submitted to
106      arbitration under this section shall be resolved by a single arbitrator.
107      (b) Unless otherwise agreed to by the parties or ordered by the court, all parties shall
108agree on the single arbitrator selected under Subsection (6)(a) within 90 days of the
109answer of the defendant.
110      (c) If the parties are unable to agree on a single arbitrator as required under Subsection
111(6)(b), the parties shall select a panel of three arbitrators.
112      (d) If the parties select a panel of three arbitrators under Subsection (6)(c):
113(i) each side shall select one arbitrator; and
114(ii) the arbitrators selected under Subsection (6)(d)(i) shall select one additional
115arbitrator to be included in the panel.
116  (7) Unless otherwise agreed to in writing:
117      (a) each party shall pay an equal share of the fees and costs of the arbitrator selected
118under Subsection (6)(a); and
119      (b) if an arbitration panel is selected under Subsection (6)(d):
120(i) each party shall pay the fees and costs of the arbitrator selected by that party's
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121side; and
122(ii) each party shall pay an equal share of the fees and costs of the arbitrator selected
123under Subsection (6)(d)(ii).
124   (8) Except as otherwise provided in this section and unless otherwise agreed to in writing
125by the parties, an arbitration proceeding conducted under this section shall be governed
126by Title 78B, Chapter 11, Utah Uniform Arbitration Act.
127   (9)(a) Subject to the provisions of this section, the Utah Rules of Civil Procedure and the
128Utah Rules of Evidence apply to the arbitration proceeding.
129(b) The Utah Rules of Civil Procedure and the Utah Rules of Evidence shall be applied
130liberally with the intent of concluding the claim in a timely and cost-efficient manner.
131(c) Discovery shall be conducted in accordance with the Utah Rules of Civil Procedure
132and shall be subject to the jurisdiction of the court in which the matter is filed.
133(d) Dispositive motions shall be filed, heard, and decided by the court prior to the
134arbitration proceeding in accordance with the court's scheduling order.
135   (10) A written decision by a single arbitrator or by a majority of the arbitration panel shall
136constitute a final decision.
137   (11) An arbitration award issued under this section shall be the final resolution of all bodily
138injury claims between the parties and may be reduced to judgment by the court upon
139motion and notice unless:
140(a) either party, within 20 days after service of the arbitration award:
141(i) files a notice requesting a trial de novo in the court; and
142(ii) serves the nonmoving party with a copy of the notice requesting a trial de novo
143under Subsection (11)(a)(i); or
144(b) the arbitration award has been satisfied.
145   (12)(a) Upon filing a notice requesting a trial de novo under Subsection (11):
146(i) unless otherwise stipulated to by the parties or ordered by the court, an additional
14790 days shall be allowed for further discovery;
148(ii) the additional discovery time under Subsection (12)(a)(i) shall run from the notice
149of appeal; and
150(iii) the claim shall proceed through litigation [pursuant to] in accordance with the
151Utah Rules of Civil Procedure and the Utah Rules of Evidence in the court.
152(b) In accordance with the Utah Rules of Civil Procedure, either party may request a jury
153trial with a request for trial de novo filed under Subsection (11).
154   (13)(a) If the plaintiff, as the moving party in a trial de novo requested under Subsection
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155      (11), does not obtain a verdict that is at least $5,000 and is at least 30% greater than
156      the arbitration award, the plaintiff is responsible for all of the nonmoving party's
157      costs.
158      (b) Except as provided in Subsection (13)(c), the costs under Subsection (13)(a) shall
159include:
160(i) any costs set forth in Rule 54(d), Utah Rules of Civil Procedure; and
161(ii) the costs of expert witnesses and depositions.
162      (c) An award of costs under this Subsection (13) may not exceed $6,000.
163  (14)(a) If a defendant, as the moving party in a trial de novo requested under Subsection
164      (11), does not obtain a verdict that is at least 30% less than the arbitration award, the
165      defendant is responsible for all of the nonmoving party's costs.
166      (b) Except as provided in Subsection (14)(c), the costs under Subsection (14)(a) shall
167include:
168(i) any costs set forth in Rule 54(d), Utah Rules of Civil Procedure; and
169(ii) the costs of expert witnesses and depositions.
170      (c) An award of costs under this Subsection (14) may not exceed $6,000.
171  (15) For purposes of determining whether a party's verdict is greater or less than the
172      arbitration award under Subsections (13) and (14), a court may not consider any
173      recovery or other relief granted on a claim for damages if the claim for damages was not
174      disclosed in:
175      (a) writing prior to the arbitration proceeding; or
176      (b) response to discovery contrary to the Utah Rules of Civil Procedure.
177  (16) If a court determines, upon a motion of the nonmoving party, that the moving party's
178      use of the trial de novo process was filed in bad faith, as described in Section 78B-5-825,
179      the court may award reasonable attorney fees to the nonmoving party.
180  (17) Nothing in this section is intended to affect or prevent any first party claim from later
181      being brought under any first party insurance policy under which the injured person is a
182      covered person.
183  (18)(a) If a defendant requests a trial de novo under Subsection (11), the total verdict at
184      trial may not exceed $15,000 above any available limits of insurance coverage[ and
185      the total verdict may not exceed $65,000].
186      (b) [If] Except for a wrongful death action described in Section 78B-3-106, if a plaintiff
187requests a trial de novo under Subsection (11), the verdict at trial may not exceed [
188$50,000] $75,000.
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189(c) The costs described in Subsections (13) and (14) are not included in a verdict amount
190described in Subsection (18)(a) or (b).
191   (19) All arbitration awards issued under this section shall bear postjudgment interest [
192pursuant to] in accordance with Section 15-1-4.
193Section 3. Section 78B-2-307 is amended to read:
19478B-2-307 . Within four years.
195      An action may be brought within four years:
196   (1) after the last charge is made or the last payment is received:
197(a) upon a contract, obligation, or liability not founded upon an instrument in writing;
198(b) on an open store account for any goods, wares, or merchandise; or
199(c) on an open account for work, labor or services rendered, or materials furnished;
200   (2) for a claim for relief or a cause of action under the following sections of Title 25,
201Chapter 6, Uniform Voidable Transactions Act:
202(a) Subsection 25-6-202(1)(a), except in specific situations where the time for action is
203limited to one year under Section 25-6-305;
204(b) Subsection 25-6-202(1)(b); or
205(c) Subsection 25-6-203(1);
206   (3) for a claim involving personal property damage to the aggrieved party's motor vehicle,
207as defined in Section 41-6a-102, or personal property from an accident involving a
208motor vehicle;[ and]
209   (4) for a claim resulting from an injury caused by a dog described in Section 18-1-1; and
210   [(4)] (5) for relief not otherwise provided for by law.
211Section 4. Effective Date.
212   This bill takes effect on May 6, 2026.
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