STRICT LIABILITY FOR DOG BITES
In Waters v. Powell, the Utah Court of Appeals denied a woman’s claims for injuries she received when she was bit by a dog. In March 2005, Steven Powell took his dog, named Snoop, to be boarded at a kennel managed by Alexis Waters. While the dog was being boarded, Waters took Snoop out of his kennel to introduce Snoop to some other dogs. When it became apparent that the meeting wasn’t going to be friendly, Waters attempted to restrain Snoop and Snoop bit Waters.
In Utah, a dog owner is strictly liable for dog bites. In other words, the victim of the bite need not prove negligence. If you get bit, you win. In this case, however, the Court of Appeals held that because Waters was housing the dog, feeding the dog, caring for the dog, and doing the other things that owners and keepers of dogs normally do, strict liability would not be applied.
The Court of Appeals threw out Water’s case. For now, Snoop and his owner Steven Powell are out of the dog house.
