If a service dog attacks you, you may file an accident claim to receive compensation for the damages. However, this depends on the circumstances of the incident, such as when the dog is provoked.
In this article, you will understand liability in a dog attack accident involving service dogs and the steps to take to protect your rights.
What Are Service Dogs?
According to the Americans with Disabilities Act, service dogs are canine with specialized training to help people with impairments carry out duties relevant to their disability. For their handlers, these dogs contribute to increased freedom and quality of life.
As such, the dog needs to be trained to perform a specific task. For instance, a service dog is trained to alert its handler, an epileptic individual, when it detects the onset of a seizure. Note that if a dog is not fully trained, such as emotional support or companion animals, it is not considered a service dog.
Are Service Dogs Allowed in Public Areas in California?
California law permits people with disabilities to bring trained and psychiatric service dogs, but not emotional support animals, into all public spaces.
However, according to Disability Rights California, businesses and public spaces are not obligated to permit service animals that directly threaten others, are not under the handler’s control, or would fundamentally alter the nature of the services or programs offered by the business or government entity.
A service animal must also constantly be supervised by its handler or another authorized person. If the service animal is unmanageable and its handler is not taking appropriate steps to control it or is not housebroken, the person with a disability may be asked to remove it from the premises.
Note that the handler, not the company or government agency granting access, must provide oversight and care for the service animal.
What to Do When a Service Dog Attacks You
Experiencing dog attacks can become confusing and stressful. In most cases, victims do not file a claim, not knowing they have the right to compensation. This is why it is essential to understand the steps to take to ensure your well-being and defend your legal rights.
- Get away from the dog and look for a safe place to go.
- Avoid abrupt movements or loud noises that could aggravate the dog even more.
- Seek medical attention right away. It is advisable to obtain a medical checkup to document your condition, even if the injuries seem minor.
- Report the dog attack to the appropriate local authorities, such as the police or animal control.
- Compile evidence at the scene, such as obtaining the contact details from witnesses who saw the dog attack.
- Consult a California dog bite accident lawyer who can determine if you have a strong case for compensation and learn more about your rights.
Can I File a Claim for a Dog Attack Caused By a Service Dog?
If a dog attacks you in California, you can file a claim against the dog’s owner to seek compensation for your injuries. Under California Civil Code 3342, dog owners are liable for damages if their dog bites someone, regardless of whether it occurs on public or private property.
To successfully pursue a dog bite claim, you need to prove the owner’s negligence by establishing several vital points:
- The owner had a duty to control the dog’s behavior and actions.
- The owner failed to fulfill this duty.
- This failure resulted in the dog bite incident.
- You suffered injuries and other damages as a consequence.
When considering a dog bite claim, various factors must be evaluated to determine liability. In some cases, other parties may also share responsibility for the dog bite.
Who Is Liable?
Depending on the circumstances of the dog attack accident, several parties may be held accountable for damages.
The Dog Owner
Usually, the dog owner is liable for the damages if their service dog attacks someone. Under California law, a dog’s owner or handler can be held liable for injuries caused by their dog, regardless of whether the dog has previously bitten someone.
However, they may be free of liability under the following circumstances:
- The victim was acting aggressively toward the owner.
- The victim was provoking the dog.
- The victim was trespassing.
The Property or Business Owner
Under premises liability, property owners are responsible for ensuring visitors’ safety within their premises. This includes implementing reasonable safety measures to prevent hazards like dog bite attacks.
Aside from the dog owner, you may also file a claim against the property or business owner if their actions contributed to the dog attack within their premises. This is because they are liable if they knew or should have known about a dangerous dog on the property and failed to take necessary precautions to mitigate the risk.
For instance, the property owner knew the service dog was acting aggressively before entering the restaurant, yet they allowed the dog to enter. Unfortunately, the service dog bit another guest, resulting in their injuries. In this scenario, the property owner may share liability for the damages.
You Are Responsible
If your actions directly caused the dog attack incident, resulting in your injuries, you might not have the right to compensation. In this situation, you must cover damage expenses through your insurance policy or money.
However, if you only contributed to the dog attack accident, you may still be able to claim part of the damages that can be attributed to the other party. For example, a handler insisted on bringing their dog inside a restaurant and made a small sign indicating that their dog may bite.
Unfortunately, you missed the sign and tried to pat the dog. If the court finds you 40% liable for the accident, you may receive 60% compensation.
Determining and proving the liable party in a dog bite accident may become challenging, especially if there are different factors to consider. It is best to contact a California dog bite accident lawyer who can assess the situation and gather evidence to prove liability.
Lawyer’s Tip: The property owner might be held responsible for a trespasser’s dog bite injuries if the trespasser is a minor or if they repeatedly enter the property without permission, such as using it as a shortcut to reach a specific destination.
Can a California Dog Bite Accident Lawyer Defend My Rights?
While you generally have the right to file a claim, personal injury cases can be complex. Typically, injured victims tend not to file a case, not understanding their rights to compensation for a dog attack accident. This is especially true if a service dog is involved in the incident.
Fortunately, a California dog bite accident lawyer can investigate the circumstances of your accident and establish the owner’s liability. They can do this by:
- Gathering sufficient evidence to support your dog bite claim.
- Determining the owner’s responsibility for the incident.
- Assessing the full extent of the damages you have incurred.
- Communicating with the insurance company on your behalf.
- Representing your interests in court if necessary.
If you need legal representation for a dog bite accident, Jacoby & Meyers offers some of California’s most skilled and capable personal injury lawyers dedicated to securing the justice you deserve. While many law firms assist individuals seeking compensation for accidents, Jacoby & Meyers stands out with its dedicated legal process to protect your rights, making it the preferred choice for accident victims.
Since 1972, Jacoby & Meyers has consistently advocated for the legal rights of those involved in accidents, achieving substantial settlements. Our impressive track record, surpassing $2 billion in settlements, underscores our unwavering commitment to our clients.
If you experience a dog attack in California, Jacoby & Meyers is here to help. We offer free consultations for injury victims and work on a contingency fee basis.
Jacoby and Meyers. Because You Deserve Justice.
Hear From Our Past Clients
Instead of relying just on our guarantees, consider what satisfied clients say about our services.
“Your work is very professional and impressive. I’m excited to tell everyone I know how good you all have been to me. Thank you so much, Jacoby & Meyers, especially Selene.” -Rodney C.
Frequently Asked Questions
Do you have further questions regarding personal injury claims? We got you! Here are some frequently asked questions from injured victims that may help explain some aspects of your case.
- How Can a Dog Bite Lawyer Help Me?
- Premises Liability and Why You Should Get an Attorney For Your Case
- Accident Lawyer 101: What to Look for in a Personal Injury Lawyer
- Why Should You Get a Laceration Injury Lawyer?
Works Cited
“Fact Sheet: Service Animals in Business and Public Spaces.” Disability Rights California, 12 April 2018. Accessed 21 May 2024.
“Frequently Asked Questions about Service Animals and the ADA.” ADA.gov, 20 July 2015. Accessed 21 May 2024.
“LA County Department of Public Health.” LA County Public Health. Accessed 21 May 2024.
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