78B-3-702 - Damages recoverable for harm to or theft of service animal.
78B-3-702. Damages recoverable for harm to or theft of service animal.
(1) A person with a disability who uses a service animal, or the owner of a service animalhas 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 animaldue to the owner's or keeper's negligent failure to exercise sufficient control over the animal toprevent the attack.
(2) The action authorized by this section maybe brought by a person with a disabilitywho 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 attackso 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 anydifferentiation 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 anotherservice 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 animalrecovers so it is able to again function as a service animal for the person with a disability, or ifthe theft of the service animal results in the recovery of the service animal and the animal is againable to function as a service animal for the person with a disability, the measure of economicdamages is the costs and expenses incurred by the person with a disability or the owner as aresult 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 anotherservice 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