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[Utah Code Table of Contents]
[TITLE 78. Table of Contents]
78-20-101 Definitions.
As used in this section:
(1) "Assistance animal" means an animal that is trained or is in training to:
(a) lead or guide a person who is blind or has a visual disability;
(b) assist a person who has a physical disability, including hearing impairment or deafness; or
(c) assist a person who has a mental disability.
(2) "Person with a disability" means a person who is blind,
visually impaired, deaf, hearing impaired, or otherwise has
a physical or mental disability.
2000
78-20-102 Damages recoverable for harm to or theft of assistance animal.
(1) A person with a disability who uses an assistance animal, or the owner of an assistance animal has a cause of action for economic and noneconomic damages against:
(a) any person who steals or, without provocation, attacks the assistance animal; and
(b) the owner or keeper of any animal that without provocation attacks an assistance 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 assistance animal, or the owner of the animal.
(3) The measure of economic damages in an action brought under Subsection (1) regarding an assistance animal that is not returned or is killed or injured due to an unprovoked attack so that the animal is unable again function as a service animal includes:
(a) the replacement value of an equally trained assistance animal, without any differentiation for the age or experience of the animal;
(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 assistance 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 assistance animal or a person;
(c) costs incurred in recovering the assistance animal, such as a reward; and
(d) court and attorney costs incurred in bringing an action
under this section.
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78-20-103 Limitation on cause of action.
A cause of action does not exist under this section if the person with a disability who uses the service animal or the person having custody or supervision of the service animal was committing a civil or criminal trespass at the time of the:
(1) theft of, or the chasing or harassment of the service animal by a person who owns or exercises control over the property upon which the trespass is committed; or
(2) attack upon, or the chasing or harassment of an assistance
animal by an animal that is currently kept or maintained
on the property where the trespass is committed.
2000
