78B-3-703 - 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 usesthe service animal or the person having custody or supervision of the service animal wascommitting 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 orexercises 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 iscurrently kept or maintained on the property where the trespass is committed.
A cause of action does not exist under this section if the person with a disability who usesthe service animal or the person having custody or supervision of the service animal wascommitting 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 orexercises 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 iscurrently kept or maintained on the property where the trespass is committed.
Renumbered and Amended by Chapter 3, 2008 General Session
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