Dec 06 2019

Basics on Utah’s Specific Personal Injury Laws, Part 2

In part one of this two-part blog series, we went over some of the specific statutes and laws that govern common personal injury cases in Utah. Every state has different rules and regulations for these areas, and these can vary pretty significantly even between states that share borders.

At the offices of William Rawlings & Associates, our personal injury attorneys are here to help you manage any case within our purview, from auto accident cases to wrongful death, dog bite or attack situations and many others. In today’s part two, we’ll go over a few additional areas to be aware of that pertain specifically to the way Utah state law treats certain kinds of personal injury cases.

utah’s personal injury laws

Dog Bite Liability Laws

There are many states in the US that observe that’s known as a “one bite” rule. This rule allows protection for dog owners for only the very first time their dog bites someone, so long as there is no apparent reason the owner could have suspected the dog to be dangerous.

In Utah, though, there is no such rule. In particular, part of the Utah state code makes dog owners strictly liable for their animal’s behavior, even if there is no past history of aggression or violence. If you are bitten by someone else’s dog, there is no burden of proof required that the dog was vicious or violent or that the owner knew about it – the owner of the dog is liable regardless.

Government-Involved Injury Cases

In cases where you are injured or harmed in some way due to negligence from a government employee or agency in Utah, it’s important to know that a different set of standards will be applied to your case. One major area to note here is the time period, which differs from traditional personal injury cases – you have a full year to file a claim in these cases, plus another year to file an appeal if your claim is denied originally.

Our attorneys can provide you with further information on government-related cases if needed.

Medical Malpractice Injury Damage Caps

Along with many other states, Utah places a cap or limit on certain kinds of damages in personal injury cases – namely non-economic or “pain and suffering” damages for medical malpractice. In such cases, the cap for damages is $450,000 so long as the issue occurred on or after May 15, 2010. If the issue occurred before then, there is a sliding scale used that our attorneys will explain to you. This cap, however, does not apply to economic or punitive damages, and only applies to medical malpractice, not all personal injury cases.

For more on specific Utah laws that govern certain personal injury areas, or to learn about any of our attorney services, speak to the staff at the offices of William Rawlings & Associates today.