Understanding Liability When a Service Dog Bites Someone

It is estimated that there are over 500,000 service dogs helping people in the United States. Service dogs play an important role in the lives of their handlers, helping them live a normal life in spite of any disabling conditions they may have. But what happens when a service dog attacks or bites someone? Our firm explains how service dog bite cases may be handled in Arizona and when to seek legal help for your case.

What Does a Service Dog Do?

A service dog receives at least 18 months of specialized training in order to perform certain tasks to help their handler who has a disabling condition. Many of us have the image of a guide dog come to mind when thinking of service dogs, and while they do perform an essential service for blind handlers, there are many other types of service dogs.

Some canines are trained to use their advanced scent detection capabilities to alert for changes in a person’s body chemistry that would indicate the person’s blood sugar is too low or too high, in the case of a diabetic patient, or that the person is about to have a seizure if they have epilepsy. Others can help a person in a wheelchair with mobility tasks such as opening doors, fetching objects, and turning lights on or off.

Are Emotional Support Dogs and Therapy Dogs the Same as Service Dogs?

Service dogs are often confused with therapy dogs and emotional support dogs. However, each category has a different job and different levels of training. A service dog has to undergo a lot of training and is capable of performing tasks to benefit their handler exclusively. The service dog’s only focus is its handler – that is why most service dog handlers do not want the public to pet their dog or distract them. Only service dogs are covered by the ADA (Americans with Disabilities Act).

A therapy dog also undergoes basic training, but their job is to benefit others and not the handler. Therapy dogs can have different jobs and may often be seen visiting nursing homes, schools, and even police departments and hospitals to provide joy and comfort to people who need it. Lastly, emotional support dogs (ESDs) are meant to provide the same joy and comfort a therapy dog brings to others, but an emotional support dog focuses on its owner. It does not typically have any training or perform any specific task for the owner.

Can You Get Compensated if a Service Dog Attacks You?

Most service dogs are carefully bred and trained to be calm, obedient, and focused on their handler, but at the end of the day, they are still dogs and may still attack and bite under certain circumstances. The same goes for therapy dogs and emotional support dogs.

If you have been attacked by a dog, it is important to identify if that dog is really a trained service dog covered by the ADA or if it is simply an emotional support dog. Unfortunately, many dog owners claim their dog is an emotional support animal in order to be able to take them everywhere, such as on an airplane or inside stores and places where pet dogs are not normally allowed. Many emotional support dogs have little to no training and can truly be a liability for others.

After that, you may need to be ready to prove that you did not do anything to provoke the dog and cause the attack. For example, if you encountered a person with a service dog and were told not to pet the animal, but you did not comply with the request and petted the dog anyway or did anything to tease the animal, you may not be able to recover compensation for a dog bite. However, if the dog attack was unprovoked, the owner of the animal may be held strictly liable for your damages, even if the dog has never hurt anyone before. It is always best to seek legal counsel if you have been bitten by a service dog.

How Can an Attorney Help?

Service dogs and their handlers receive certain protections under the Americans with Disabilities Act, which grants them access to public places where pet dogs are not usually allowed. In spite of being highly trained and generally calm, a service dog is a dog and can be triggered to attack under certain circumstances. This is especially true for dogs with less or no training, such as ESDs. If you have been hurt by a service dog or ESD, an attorney can help you build a strong case to prove that the attack was unprovoked and that you sustained injuries and damages as a result.

You may be able to file an insurance claim to recover compensation for your damages, such as lost wages, medical expenses, and emotional distress. Your attorney can also offer invaluable advice to navigate your case and help you negotiate a fair settlement with the insurance company. In some cases, your attorney may recommend taking legal action against the dog owner or their insurance company to secure adequate compensation for your injuries.

The Wilson Ortiz Law Firm has helped countless clients in Scottsdale and surrounding areas, representing them in a variety of dog bite and personal injury cases. Our firm is ready to assist you if you have been injured by a dog, have questions, or want to know if you have a case. Reach out to the Wilson Ortiz Law Firm by calling 623-294-1442 and requesting a free initial case analysis to learn your options and see how we can help.