Most people picture neighborhood pets or park encounters when they think about dog attacks. But service dogs and emotional support animals (ESAs) can bite, too. And when they do, victims often don’t realize they still have legal options. The law in California treats different types of assistance animals very differently. If you’ve been bitten, understanding these distinctions really matters.
The Legal Difference Between Service Dogs And ESAs
Service dogs go through extensive training to perform specific tasks for people with disabilities. They’ll guide someone who’s blind, alert a person with epilepsy before a seizure happens, or help someone with PTSD during a panic attack. The Americans with Disabilities Act gives these dogs access to almost any public space their handlers need to go.
Emotional support animals? They don’t have the same training requirements. Not even close. ESAs provide comfort just by being there, but they aren’t trained to perform specific disability-related tasks. Their legal protections are much more limited than those service dogs get. When an attack happens, this distinction becomes really important.
California’s Strict Liability Dog Bite Law
California Civil Code Section 3342 makes dog owners strictly liable for bites in public places or when the victim is lawfully on private property. Strict liability means the owner is responsible whether or not the dog has ever bitten anyone before. It doesn’t matter if they had no idea their dog was dangerous. The law doesn’t carve out exceptions for service animals or emotional support animals. A Santa Monica Dog Bite Lawyer can walk you through how this statute applies to what happened in your case.
When Service Dog Handlers Are Liable
Service dog handlers can absolutely be held responsible when their animals attack. Yes, these dogs have special access rights. But that doesn’t create immunity from liability.
The legal analysis looks at several things:
- Was the dog provoked before it attacked
- Whether you were lawfully present where the incident happened
- If the handler took reasonable steps to prevent the attack
- How serious your injuries are
A service vest doesn’t shield the owner from responsibility. Choulos & Tsoi Law Firm has represented victims who initially assumed they couldn’t do anything because the dog was supposedly a service animal.
The Growing Problem Of Fake Service Animals
Here’s something you’ll see all the time now. People misrepresent their regular pets as service animals so they can bring them into stores, restaurants, and places where pets normally can’t go. California actually makes it a misdemeanor to fraudulently claim an animal is a service dog. But enforcement? It’s incredibly inconsistent. When a fake service animal attacks someone, the owner faces the same strict liability as any other dog owner. The misrepresentation itself can actually strengthen your case because it shows the owner’s complete disregard for public safety.
ESA Attacks And Owner Responsibility
Emotional support animals don’t get public access rights like service dogs do. When an ESA bites someone, standard dog bite laws apply. There aren’t any special considerations. Property owners who allow ESAs in housing need to think about their potential liability, too. If a tenant’s emotional support animal attacks another resident or a visitor, both the animal’s owner and possibly the landlord could face claims. It depends on the specific circumstances.
What Victims Should Document After An Attack
Evidence collection becomes particularly important in cases involving service animals or ESAs. You’ll want to gather everything you can. Document these things right away:
- Photos of your injuries at different stages as they heal
- All medical records from every treatment you receive
- Witness statements from anyone who saw what happened
- Information about whether the animal is actually designated as a service dog or ESA
- Any texts, emails, or other communications with the owner or handler
The handler might claim you provoked the animal. Or that you approached when they warned you not to. Strong documentation helps you counter these defenses.
Insurance Coverage Considerations
Homeowners and renters insurance policies usually cover dog bite liability. But some insurers exclude certain breeds or have specific provisions about service animals. The handler’s insurance situation affects your ability to recover compensation, though it shouldn’t determine whether you pursue a claim at all. A Santa Monica Dog Bite Lawyer can investigate what insurance coverage exists and identify every potential source of compensation for your injuries.
Many attack victims hesitate when a service animal or an emotional support animal causes their injuries. They worry about seeming insensitive to someone with a disability. Or they don’t want to challenge whether an assistance animal is legitimate. If any dog has bitten or attacked you, including one that’s claimed to be a service animal or emotional support animal, you deserve answers about your legal options. You deserve to know what compensation is available for your medical bills, lost wages, and everything else you’re dealing with because of someone else’s animal.
