Setareh Law
October 16, 2024
Service dogs are not just pets; they provide essential support to individuals with physical, sensory, psychiatric, intellectual, or other mental disabilities. Because of their training and role, service dogs are afforded certain protections under the Americans with Disabilities Act (ADA) and other applicable state laws. However, this does not exempt their handlers from liability if the dog behaves aggressively or causes harm.
At Setareh Law, we understand the intricacies surrounding service dog laws and liability issues. Our experienced legal team is dedicated to helping clients navigate the challenges that can arise when a service dog is involved in an incident, such as a bite.
The Americans With Disabilities Act (ADA) and Service Dogs
The Americans with Disabilities Act (ADA) plays a significant role in defining the rights and responsibilities associated with service dogs. Under the ADA, service dogs are recognized as essential companions for individuals with disabilities, enabling them to navigate public spaces with greater independence. However, the ADA does not provide immunity from liability for dog bites. If a service dog bites someone, the owner may still be held responsible, depending on the circumstances surrounding the incident.
Additionally, the ADA specifies that only dogs trained to perform specific tasks related to an individual’s disability qualify as service animals. This distinction is critical because it impacts liability. If a service dog bites someone while performing its trained duties, the situation may be viewed differently than if the dog bites while acting in a non-service capacity. Owners should be aware that the ADA does not shield them from liability; instead, it emphasizes the importance of proper training and management of their service animals.
California’s Laws on Dog Bites
California has specific laws that govern dog bites, which apply to all dogs, including service dogs. Under California Civil Code Section 3342, a dog owner is liable for damages if their dog bites someone, regardless of whether the dog has previously shown aggressive behavior. This strict liability means that if a service dog bites someone, the owner may be held accountable. However, there are exceptions; if the bite occurs when the victim is trespassing or provoking the dog, the owner may not be liable.
California law requires dog owners to take reasonable steps to prevent their dogs from causing harm. This means that if a service dog has a history of aggressive behavior, the owner may need to take additional precautions.
Determining Liability If a Service Dog Bites Someone In California
Determining liability when a service dog bites someone in California involves several factors. The primary consideration is whether the owner took reasonable precautions to prevent the dog from causing harm. If the dog was acting within the scope of its training and the incident occurred while performing a task related to its handler’s disability, the owner may have a stronger defense against liability claims. However, if the dog exhibited aggressive behavior prior to the incident, the owner may face increased scrutiny regarding their responsibility in managing their service dog.
Additionally, the context of the bite plays a significant role. For example, if a service dog bites someone without provocation while in a public place, the owner may be held liable under California’s strict liability laws. Conversely, if the bite occurs due to provocation or while the victim is trespassing, liability may shift.
Contact Setareh Law Today
After experiencing a dog bite from a service animal, consulting a California dog bite lawyer should be your next step. An experienced attorney can help you understand your rights and assess the viability of your case. They can guide you through the process of filing a claim, gathering evidence, and negotiating with insurance companies or the dog’s owner.
By partnering with a knowledgeable dog bite lawyer, you can focus on your recovery while ensuring your rights are protected throughout the legal process. Contact Setareh Law at (310) 659-1826 or fill out our contact form to schedule a consultation.
