The dog behaves in a manner that a reasonable person would interpret as a threat to people or pets. This option requires you to prove negligence by the owner.
What if I’m attacked by a service dog or an emotional support animal?
Yes, you can file a personal injury claim. Service dogs and emotional support animals (ESAs) are subject to California’s strict liability dog bite laws.
What Is a Service Dog?
It is a well-known fact that dogs have been useful in treating both physical and mental disabilities in humans. For years, dogs have been assigned duties, such as guiding the blind and even soothing symptoms of depression. The Americans with Disability Act differentiates between the types of jobs given to a dog and separates them into several categories.
Service Dogs. Psychiatric service dogs are responsible for aiding the physically disabled. Service dogs are specifically trained to perform tasks that are atypical to the tasks normally performed by pets. These tasks include activities, such as leading the blind, bringing attention to noises, assisting with mobility issues, and even sensing diabetic or seizure dangers. Service dogs are required to be certified by the Americans with Disabilities Act, which exempts these animals from certain restrictions, such as housing bans. Service dogs are used to help people with both mental and physical limitations.
Emotional Support Animal. While emotional support animals are providing a service, they are given a different set of rules. Mostly, emotional support animals are assigned to their owners as part of a treatment plan. Emotional support dogs are not required to undergo any specific training as they do not help individuals with daily duties and are only used as comfort tools. These animals do not have the same level of liberties as support dogs do and are only allowed in planes for travel and home that normally have heavy pet restrictions.