Title 78B Chapter 3 Section 703

Judicial Code
Actions and Venue
Section 703
Limitation on cause of action.

            

78B-3-703.   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 a service animal by an animal that is currently kept or maintained on the property where the trespass is committed.


Renumbered and Amended by Chapter 3, 2008 General Session