The ADA stands for the Americans with Disabilities Act. It dictates that individuals with disabilities shouldn't be subject to conditions that are considered to be discriminatory. In other words, they should be able to have access to the same jobs, transportation, schools, and other opportunities as those who don't identify as having a disability.
If you see someone with a service dog, that person likely identifies as having a disability. Usually, you can identify a service dog quite easily.
There's an interesting question that's worth considering, though, and it's the following: what if a service dog bites someone? Where should the responsibility lie in such a situation?
We'll talk about that in detail right now.
What is a Service Dog?
Let's start with explaining what a service dog is, just in case anyone isn't familiar with this term. A service dog is a dog that has been specially trained to assist its owner. Generally, the owner is someone who identifies as having a disability. The dog they're given has been trained to help people who have this particular impairment.
For instance, service dogs often act as seeing eyes for the blind. Others have been trained to help people who are prone to seizures. Some have been taught to assist individuals who have received a diagnosis of schizophrenia.
To get one of these service dogs, you must apply for one. There is a framework in place that acts as a way of preventing individuals who don't actually have disabilities from getting a dog. This is meant to add a sense of fair play to the service dog distribution system.
How Can You Tell a Dog is a Service Animal?
It should be obvious when you see someone out with a dog whether the animal is a service dog or not. These dogs are supposed to wear identifying items.
These are usually garments that take the form of a blanket or coat. It states that this is a service dog so there can be no doubt. This way, if the person wants to enter an establishment or location that doesn't normally allow pets, they can go in with the dog, and it should not cause any problems.
In addition to what the dog is wearing, you can often tell they are a service animal by their excellent behavior and dedication to their task. The dog is understood to be working when they are out in public with their human. Accordingly, you should not try to pet the animal or do anything to distract it. Once the dog is back at home and not "on duty," it can get treats, belly rubs, and all other types of love and attention from their owner.
Are Service Dogs Supposed to Be on a Leash?
Service dogs are supposed to be on a leash, just the same as they're supposed to be wearing a garment that identifies them when they're out in public. If the dog is not on a leash, and it does something that it's not supposed to do, that's when you might be able to file a successful lawsuit if the animal did something to injure you.
However, there are several mitigating factors that might also go into whether or not you can file a successful lawsuit against the dog's owner if the animal bites you. All the factors that went into the incident in question will be closely examined by a personal injury attorney if you meet with them to discuss the case.
Did the Person Do Something to Antagonize the Dog?
Usually, the most vital question in these cases is whether the person who the dog bit did anything to antagonize them. Usually, part of the reason why a service dog will be picked for this job is because of the breed and personality.
There are certain breeds that are usually very patient and docile. That's why you tend to see only one or two breeds of service dog. In addition, the animal is selected because they have shown that they have an aptitude for the work.
If someone does something to antagonize the dog, such as pulling its tail, yelling at it, or making a sudden movement close to it, it's likely the dog will not respond by biting, at least not at first. The circumstances usually have to be pretty extraordinary for you to see a reaction like that where the dog violates their training.
However, these are still animals, and they do have an animal's instincts. If there's some kind of chaos happening around the dog, or if they feel that the person in question is threatening them or their owner, it's not impossible for the animal to react by biting.
What Can You Do if a Service Dog Bites You?
If a service dog bites you, then you can always go talk to a personal injury lawyer about it. There is no guarantee that they will take you on as a client. Still, most personal injury attorneys will at least grant you a free consultation, and you may want to take advantage of that.
The lawyer will probably have many questions for you. They will want to know whether the dog was on a leash. They will want to know whether the animal was wearing something that identified it as a service animal, assuming the incident happened when you were out in public.
Most importantly, they will want to know whether you did anything to upset the dog or whether it just bit you out of nowhere. It can be a bit challenging to get a jury to agree that the dog's owner was in the wrong. That's because most people understand how well these dogs have been trained.
It's always possible for you to win a legal case where you're suing the owner of a service dog over a bite. However, you stand a much better chance of walking away with some money if you have some eyewitnesses or video evidence proving your version of events.
Have you encountered a service dog incident? Know your rights! Share your experiences in the comments below. Have questions about ADA compliance or service animal laws? Let's discuss.
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