78B-3-702. Damages recoverable for harm to or theft of service animal.

399 words·~2 min read·/ut/title-78b/chapter-3/78b-3-702

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)A person with a disability who uses a service animal, or the owner of a service animal has a cause of action for economic and noneconomic damages against:

(a)any person who steals or, without provocation, attacks the service animal; and

(b)the owner or keeper of any animal that without provocation attacks a service animal due to the owner's or keeper's negligent failure to exercise sufficient control over the animal to prevent the attack.

(2)The action authorized by this section maybe brought by a person with a disability who uses the service animal, or the owner of the service animal.

(3)The measure of economic damages in an action brought under Subsection

(1)regarding a service animal that is not returned or is killed or injured due to an unprovoked attack so that the service animal is unable to function again as a service animal includes:

(a)the replacement value of an equally trained service animal, without any differentiation for the age or experience of the animal; and

(b)costs and expenses incurred by the person with a disability or the owner, including:

(i)costs of temporary replacement assistance services, whether provided by another service animal or by a person;

(ii)reasonable costs incurred in efforts to recover a stolen service animal; and

(iii)court and attorney costs incurred in bringing an action under this section.

(4)If the unprovoked attack on a service animal results in injuries from which the animal recovers so it is able to again function as a service animal for the person with a disability, or if the theft of the service animal results in the recovery of the service animal and the animal is again able to function as a service animal for the person with a disability, the measure of economic damages is the costs and expenses incurred by the person with a disability or the owner as a result of the theft of or injury to the service animal, and includes:

(a)veterinary medical expenses;

(b)costs of temporary replacement assistance services, whether provided by another service animal or a person;

(c)costs incurred in recovering the service animal, such as a reward; and

(d)court and attorney costs incurred in bringing an action under this section.

Renumbered and Amended by Chapter 3 , 2008 General Session