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3-6A-5
food, veterinary expenses for boarding, and veterinary expenses necessitated by impoundment
of the dog, medical expenses incurred by a victim from an attack by a dangerous dog, and other
expenses required for the destruction of the dog. (f)(1) When a dog declared to be dangerous
is outside and not contained in the proper enclosure of a dangerous dog pursuant to Section
3-6A-3, the owner of the dangerous dog shall be present and shall restrain the dangerous dog
with a secure collar and leash. (2) An owner of a dog declared to be dangerous who
violates subdivision (1) shall be guilty of a Class C misdemeanor, except that a second or
subsequent adjudication or conviction is a Class B misdemeanor. (g) An owner of a dog that
is the subject of a dangerous dog investigation who refuses to surrender the dog to an animal
control officer or law enforcement officer, upon the request of the animal control officer
or law enforcement officer, shall be guilty of a Class C misdemeanor. (h) Any...
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3-6-1
Section 3-6-1 Liability of owner of dog for injuries to person bitten or injured while upon
property owned or controlled by owner, etc. If any dog shall, without provocation, bite or
injure any person who is at the time at a place where he or she has a legal right to be, the
owner of such dog shall be liable in damages to the person so bitten or injured, but such
liability shall arise only when the person so bitten or injured is upon property owned or
controlled by the owner of such dog at the time such bite or injury occurs or when such person
has been immediately prior to such time on such property and has been pursued therefrom by
such dog. (Acts 1953, No. 320, p. 379, §1.)...
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18-1A-52
Section 18-1A-52 Bond for damages caused by entry. (a) An order permitting entry under Section
18-1A-51 shall include a preliminary assessment by the circuit court of the probable amount
that will fairly compensate the owner and any other person in lawful possession or physical
occupancy of the property for damages for physical injury to the property, and for substantial
interference with its possession or use, found likely to be caused by the entry and activities
authorized by the order, and shall require the condemnor other than the state to enter into
bond in double the amount of such preliminary assessment, with good and sufficient sureties,
to pay such damages as the property owner or other person in lawful possession or physical
occupancy of the property may sustain. The bond must be given before entry is made. (b) Unless
sooner disbursed by agreement or court order, the amount of the bond sufficient to cover the
damages sustained shall be paid to those determined by the circuit...
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32-7-6
Section 32-7-6 Security required; suspensions; applicability. (a) If 20 days after the receipt
of a report of a motor vehicle accident within this state which has resulted in bodily injury
or death, or damage to the property of any one person in excess of five hundred dollars ($500),
the director does not have on file evidence satisfactory that the person who would otherwise
be required to file security under subsection (b) of this section has been released from liability,
or has been finally adjudicated not to be liable, or has executed a duly acknowledged written
agreement or conditional release providing for the payment of an agreed amount in installments
with respect to all claims for injuries or damages resulting from the accident, which agreement
or conditional release may include reasonable interest as set out in Section 32-7-7, the director
shall determine the amount of security which shall be sufficient in his or her judgment to
satisfy any judgment or judgments for damages...
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3-7A-1
Section 3-7A-1 Definitions. As used in this chapter, the following words and phrases shall
have the following meanings respectively ascribed to them unless the context clearly indicates
otherwise: (1) CANINE CORPS DOGS. Those members of the canine family maintained by governmental
agencies for exclusive use in official duties assigned to those agencies. Seeing eye dogs
shall be included within the meaning of this definition. (2) CAT. All members of the domesticated
feline (Felis catus) family. (3) DOG. All members of the domesticated canine (Canis familiaris)
family. (4) FERRET. All members of the ferret (Mustela putorius furo) family. (5) HAS BEEN
EXPOSED. Suspected or confirmed contact of saliva with a break or abrasion of the skin or
with any mucous membrane, as determined by the health officer or medical or law enforcement
personnel. (6) HEALTH OFFICER. The State Health Officer or any county health officer as defined
in Section 22-3-2, or his or her designee. (7) IMMUNIZATION...
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13A-3-23
Section 13A-3-23 Use of force in defense of a person. (a) A person is justified in using physical
force upon another person in order to defend himself or herself or a third person from what
he or she reasonably believes to be the use or imminent use of unlawful physical force by
that other person, and he or she may use a degree of force which he or she reasonably believes
to be necessary for the purpose. A person may use deadly physical force, and is legally presumed
to be justified in using deadly physical force in self-defense or the defense of another person
pursuant to subdivision (5), if the person reasonably believes that another person is: (1)
Using or about to use unlawful deadly physical force. (2) Using or about to use physical force
against an occupant of a dwelling while committing or attempting to commit a burglary of such
dwelling. (3) Committing or about to commit a kidnapping in any degree, assault in the first
or second degree, burglary in any degree, robbery in any...
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6-5-345
Section 6-5-345 Duty of care owed by possessor of real property to certain trespassers. (a)
For the purpose of this section, the following words have the following meanings: (1) POSSESSOR
OF REAL PROPERTY or POSSESSOR. The owner, lessee, renter, or other lawful occupant of real
property. (2) TRESPASSER. A person who goes upon the premises of another without permission
or invitation, expressed or implied, or who, after rightfully entering upon the premises of
another, remains on the premises after consent or license to enter or use the premises has
been terminated. (b)(1) A possessor of real property owes no duty of care to a trespasser
except to: a. Refrain from causing wanton or intentional injury, including by a trap or pitfall.
b. Exercise reasonable care to avoid causing injury to a known trespasser in a position of
peril and to use reasonable care to warn a known trespasser of dangers known by the possessor
to exist on the property. c. Exercise reasonable diligence to warn a...
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18-1A-50
Section 18-1A-50 Entry upon property for suitability studies. (a) A condemnor and its agents
and employees may enter upon real property for a reasonable time and make surveys, examinations,
photographs, tests, soundings, borings, and samplings, or engage in other activities for the
purpose of appraising the property or determining whether it is suitable and within the power
of the condemnor to take for public use, if the entry is: (1) Preceded by reasonable efforts
to notify the owner, and any other person known to be in actual physical occupancy of the
property, of the time, purpose, and scope of the planned entry and activities; (2) Undertaken
during reasonable daylight hours and for reasonable times; (3) Accomplished peaceably and
without inflicting substantial injury; and (4) Not in violation of any other statute. (b)
The entry and activities authorized by this section do not constitute a trespass or constitute
grounds for an inverse condemnation action, but the condemnor is liable...
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18-1A-54
Section 18-1A-54 Proceeding or action to recover damages caused by entry; payment of damages.
(a) A condemnor is liable for physical injury to, and for substantial interference with possession
or use of, property caused by his entry and activities upon the property. This liability may
be enforced in a subsequent condemnation proceeding filed within the period specified as a
retention period in Section 18-1A-52 or, if no such proceeding is filed within such period
of time, by civil action with the right of trial by jury on demand of either party. (b) If
funds are on deposit under Section 18-1A-52 or 18-1A-53, the owner or other person entitled
to damages under subsection (a) may apply to the circuit court for payment of his damages
from such funds. If the amount on deposit is insufficient to pay the full amount, the circuit
court shall enter judgment against the condemnor for the unpaid portion. (Acts 1985, No. 85-548,
p. 802, §305.)...
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7-9A-604
Section 7-9A-604 Procedure if security agreement covers real property or fixtures. (a) Enforcement:
Personal and real property. If a security agreement covers both personal and real property,
a secured party may proceed: (1) under this part as to the personal property without prejudicing
any rights with respect to the real property; or (2) as to both the personal property and
the real property in accordance with the rights with respect to the real property, in which
case the other provisions of this part do not apply. (b) Enforcement: Fixtures. Subject to
subsection (c), if a security agreement covers goods that are or become fixtures, a secured
party may proceed: (1) under this part; or (2) in accordance with the rights with respect
to real property, in which case the other provisions of this part do not apply. (c) Removal
of fixtures. Subject to the other provisions of this part, if a secured party holding a security
interest in fixtures has priority over all owners and encumbrancers...
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