Your dog bit someone who trespassed on your property — are you liable?

KEARNS — It was about three years ago that Kassandra Merritt and her dog encountered a strange man in her backyard.

She heard her dog barking in the yard and went out to investigate, which is when she discovered a man coming out of her shed.

The man explained that he was being chase by somebody, but Merritt just wanted him to leave her backyard. While her dog did not bite or attack the man in anyway, he did bark at him and approach him.

After that incident, as Merritt began to train new dogs she learned more about the liability that comes with being a dog owner. She learned that no matter what the situation was, if her dog bit someone on her property she would be liable.

This concerned her. If her dog had decided to bite the man who came out of the shed that day, she would've been liable and could have been sued.

"If my dog had bit him instead of backing off, the potential consequences of that could have really impacted my family, and I didn't want that to be the case," Merritt said. "And since I have a dog with an even higher instinct to protect his home, I wanted to do what I could to change things so that dog owners could feel safe and protected."

Merritt decided to reach out to Sen. Karen Kwan, D-Murray, asking her to craft legislation that would help with this issue.

This request led to the drafting of SB101, one of two bills this session dealing with injuries from dogs. The bill sponsored by Kwan would make it so dog owners are not liable if their dog injures someone who trespassed on their property.

"I love dogs, and I keep them around like because I think they're cute, but also because they help me feel safe," Merritt said.

At the time of the incident Merritt had a mutt that weighed around 90 pounds who has since died. She now has two dogs, a small Yorkie and a Shar Pei that weighs around 50 pounds. Merritt lives in Kwan's district, in Kearns.

Lawmakers make adjustments to liability with dog attacks

Kwan's bill would create exceptions to when a dog owner is liable if their dog attacks someone.

SB101 clarifies that if someone trespasses on someone else's property and they are injured by a dog, the dog owner is not liable. This only applies when the dog is inside a fence or enclosure on private property.

"I'm really happy that my representative actually represented me and did something about it. I think that's fantastic," Merritt said.

The other case when dog owners would not be liable applies to law enforcement officers who handle dogs. This exception was already in place.

Merritt said she has friends who adopt dogs who have been abused or have other issues that can lead to aggression in certain situations. She thinks it's unfair that because they are caring for these dogs they could be liable because someone trespassed onto their property.

SB101 passed through the Senate last week and has been assigned to the House Judiciary Committee.

Lawmakers work to increase the money a victim can receive after a dog attack

SB176 from Sen. Stephanie Pitcher, D-Millcreek, would increase the maximum amount of money a person can receive for a bodily injury claim after a dog attack. The maximum amount would be raised from $50,000 to $75,000, not including certain costs, and would be applicable in both arbitration and trials.

Pitcher shared that it has been a long time since this amount has been changed, and medical bills and other costs associated with incidents are higher than they were when the cap of $50,000 was set.

SB176 bill also standardizes arbitration in dog attack cases.

The bill originally would have required dog owners to immediately report the attack and provide insurance information to the other party, but after input from stakeholders and other lawmakers, Pitcher removed that part of the bill.

After failing to advance through the Senate Judiciary, Law Enforcement and Criminal Justice Committee last week, Pitcher made changes to the bill and it advanced through the committee on Monday.

Merritt said she's just a dog lover and that's why she wanted to make sure other people who own dogs can be protected.

"They just love you unconditionally," Merritt said about dogs. "They're just going to be your friend, and then they're also willing to just stand by you through whatever."

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