Special Considerations for Service Dogs, Emotional Support Dogs, and Bites
Dog bite cases are complicated, especially when they involve service dogs or emotional support dogs. Whether you’re the owner of a service dog accused of biting someone or you’re filing a claim against the owner of an emotional support animal that bit you, resolving a dog bite case involving one of these animals requires a stringent evaluation of the specific circumstances surrounding the incident.
At Ronald S. Weiss, Attorney & Counselor, we are experienced in handling dog bite cases, including those involving service dogs and emotional support dogs, and we are committed to helping you stand up for your rights. If you have suffered an injury from a dog bite, reach out to us today to learn how such incidents are handled and explore your options.
Service Dogs vs. Emotional Support Dogs
Under the Americans with Disabilities Act (ADA), service dogs are defined as dogs that are trained to perform specific tasks for individuals with disabilities. These tasks must directly relate to the person's disability, such as guiding someone who is blind or alerting a person with epilepsy of an impending seizure. Service dogs play an essential role in assisting individuals with disabilities and are afforded significant legal protections under federal law.
Emotional support dogs are defined as dogs that provide comfort and emotional support to their owners, but are not specifically trained to perform tasks related to a disability. While emotional support dogs are recognized under the Fair Housing Act (FHA), they do not share the same public access privileges as service dogs.
From a legal standpoint, these distinctions are critical in dog bite cases. Judges, juries, and attorneys will need to consider whether the dog is a service animal or an emotional support animal, as this will affect the dog owner's obligations, the protections afforded to the dog, and the consequences of a dog bite incident.
Liability Concerns for Bites Involving Service Dogs and Emotional Support Dogs
Although service dogs and emotional support dogs provide valuable support to their owners, they are not immune from allegations of aggressive behavior or biting. Like any other dog owner, the owner of a service dog or emotional support dog can face civil lawsuits if their dog bites someone.
However, the context in which the bite occurred often plays a significant role in determining fault and liability. For example, Michigan and Ohio law recognize circumstances in which the victim’s actions might have contributed to or provoked the bite. If you were intentionally harassing or harming the dog, this can serve as a defense to mitigate the owner’s liability.
Service animals are often trained to avoid aggressive behavior, given the significant role they play in assisting their owners. If a trained service dog bites someone, there could be questions about whether the victim’s intentional or reckless actions disrupted the dog’s training, leading to the incident.
Factors the Courts Consider for Dog Bites Involving Service or Emotional Support Animals
If you have been bitten by a service dog or an emotional support dog, you may be able to hold the dog's owner liable for damages. Both Michigan and Ohio statutes start with the concept of strict liability, as I've written in many of my blogs. However, several factors could impact the strength of your claim against these types of dogs:
The dog's history: The courts will examine whether the dog demonstrated aggressive tendencies in the past. A clean behavioral profile can demonstrate that this was an isolated incident rather than a recurring issue. Michigan and Ohio courts are more likely to consider the bite an aberration if the dog has a history of training in restraint and calm behavior.
The victim's visitor status: The courts will consider whether the victim was trespassing or otherwise unlawfully entered the area where the dog was present. Both Michigan and Ohio have statutes that reduce or eliminate liability for dog bites when trespassing occurs, and these statutes can be critical in cases involving service or emotional support dogs.
Whether the dog was provoked: If the victim acted in a way that caused the dog to react defensively, that context can carry significant weight on the outcome of the case. This is especially true when a service dog is involved, as aggression in these dogs is often uncharacteristic and may indicate an external trigger.
Challenges When Determining Liability in Bite Cases Involving Service and Emotional Support Dogs
A considerable challenge when determining liability in bite cases involving service of emotional support dogs is overcoming biases and misconceptions about these animals. Many people understand the role service dogs play in helping individuals with disabilities, but not everyone fully realizes the rigorous training these animals undergo.
Similarly, emotional support animals often face unwarranted skepticism about their legitimacy, despite the real and documented benefits they provide for their owners. In these cases, it's important to work with an attorney who can educate the court on the specific training and purpose of the dog in question.
For service dogs, their training often exceeds that of the average household pet, making them far less likely to engage in unprovoked aggression. Additionally, emotional support dogs are typically certified through a mental health provider, thereby playing an important role in their owner’s well-being.
Furthermore, service dogs are commonly seen in public spaces, which increases the likelihood of interactions that could lead to biting incidents. While emotional support animals don't have the same legal access to public accommodations, they can still be found in shared spaces such as apartment complexes and parks, where incidents can occur.
Contact Our Experienced Dog Bite Attorneys Serving Michigan and Ohio Today
If you have been bitten by a service dog or emotional support animal, you have the legal right to pursue a claim for compensation. However, these animals are often provided additional protections under the law, so it's important to consult with an experienced dog bite attorney who can examine your case and help you understand your options.
At Ronald S. Weiss, Attorney & Counselor, we are skilled in handling dog bite cases, and we have the knowledge and resources to help you build a case. We handle dog bite cases throughout both Michigan and Ohio, with offices in Toledo, Ohio, and West Bloomfield, Michigan. Contact us today to schedule a free consultation.