Utah Court of Appeals
Can a kennel manager sue a dog owner for bite injuries under Utah's strict liability statute? Waters v. Powell Explained
Summary
Alexis Waters, a kennel manager, was bitten by Steven Powell’s dog Snoop while boarding the dog at her kennel. Waters sued Powell under Utah’s strict liability dog bite statute. The district court denied Powell’s summary judgment motion arguing that Waters was a ‘keeper’ under the statute and therefore precluded from recovery.
Practice Areas & Topics
Analysis
The Utah Court of Appeals addressed an important question about Utah’s strict liability dog bite statute in Waters v. Powell, determining whether a professional kennel manager could sue a dog owner after being bitten by the owner’s dog while providing boarding services.
Background and Facts
Steven Powell brought his dog Snoop to Alexis Waters’ kennel for boarding in March 2005. While Waters was introducing Snoop to other dogs in a play area, she restrained the dog to prevent it from attacking other animals. Snoop bit Waters during this interaction. Waters filed suit against Powell under Utah Code section 18-1-1, the state’s strict liability dog bite statute, seeking damages for her injuries. Powell moved for summary judgment, arguing that Waters qualified as a “keeper” under the statute and was therefore precluded from recovery.
Key Legal Issues
The central issue was whether Waters qualified as a keeper under Utah Code section 18-1-1, which makes “[e]very person owning or keeping a dog” liable for injuries the dog commits. The court needed to determine if a professional kennel manager’s temporary care of a boarded dog established the requisite keeper relationship.
Court’s Analysis and Holding
The Court of Appeals applied the Utah Supreme Court’s definition from Neztsosie v. Meyer, which defines a keeper as one who “undertakes to manage, control, or care for [the dog] as dog owners in general are accustomed to do.” The court emphasized that keeper status requires “the assumption of custody, management, and control” and “the exercise of a substantial number of incidents of ownership.”
Examining Waters’ undisputed activities—feeding, watering, exercising, cleaning up after the dogs, taking them to relieve themselves, and ensuring their safety—the court concluded these constituted “essentially all of the hallmarks of dog ownership.” The court determined Waters was Snoop’s keeper as a matter of law.
Practice Implications
This decision significantly impacts professional pet care providers in Utah, including kennels, doggy daycares, and boarding facilities. These businesses may find themselves classified as keepers, potentially limiting their ability to recover under the strict liability statute when bitten by animals in their care. Practitioners should carefully analyze the specific care relationship under the Neztsosie standard when evaluating potential claims involving professional animal care providers.
Case Details
Case Name
Waters v. Powell
Citation
2010 UT App 105
Court
Utah Court of Appeals
Case Number
No. 20090143-CA
Date Decided
April 29, 2010
Outcome
Reversed
Holding
A kennel manager who feeds, waters, exercises, and cares for a dog qualifies as a ‘keeper’ under Utah Code section 18-1-1 as a matter of law.
Standard of Review
Questions of law reviewed for correctness
Practice Tip
When representing clients in dog bite cases involving professional pet care providers, thoroughly analyze the care provider’s relationship with the animal under the Neztsosie standard to determine keeper status early in litigation.
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