What to Do If I Am Attacked by an Emotional Support Animal
Dog attacks can be terrifying and result in horrific injuries. Even more shocking is when the attack comes from what looks like an emotional support animal or service dog. But beware — any dog can bite, and not all dogs in vests are as trained as you might think.
Sadly, fake service dog capes and identification cards are easy to purchase online, according to a CTV News Vancouver report. The cards look similar to the official service dog IDs issued by the British Columbia government, meaning a dog could look like a highly trained service dog but actually have no specialized training or socialization. This fraudulent representation has already compromised public safety, with reports of maulings in airplanes and other venues across North America.
In B.C., you can pursue compensation for a dog bite injury by filing an insurance or legal claim. But do you have a case if an emotional support animal caused your injuries? Here’s what you need to know.
What is an Emotional Support Animal?
An emotional support animal provides companionship and comfort to alleviate the symptoms or effects of a person’s disability on their daily life. Emotional support animals can help people cope with anxiety, depression, or a phobia. However, they typically lack official training to perform specific tasks to assist people with disabilities. To qualify as an emotional support animal, a physician or mental health professional must prescribe the animal to someone with a disabling mental illness after determining that the person needs that support.
By contrast, a service dog or animal has specialized training to perform tasks that benefit an individual with a physical, sensory, psychiatric, intellectual, or mental disability. Examples of service animals include seeing-eye dogs, seizure-alert dogs, and animals that perform physical tasks, such as opening doors or retrieving items for their owners. Dogs can also perform tasks to assist with psychiatric services, such as reminding owners to take medication or keeping a disoriented owner from wandering into a dangerous situation.
What Happens if a Support Animal Attacks?
Dog bite laws in British Columbia apply to support and service animals the same way they do for domestic pets. In B.C., dog owners and handlers are legally obligated to take reasonable precautions to control their animal’s actions. Reasonable precautions that owners can take include:
- Obtaining certifications as required by federal, provincial, or local law
- Using leashes or harnesses whenever taking the animal out in public
- Using muzzles for animals as required by local law or on the order of local animal control officers
Steps to Take After an Attack
If you suffered injuries in an attack by an emotional support animal, you can protect your legal rights by:
- Finding or contacting the owner to get their animal’s vaccination records
- Reporting the attack to your local animal control agency
- Seeking immediate medical attention for your injuries
- Following your doctor’s treatment recommendations
- Keeping copies of bills, invoices, and receipts from your medical treatment
- Gathering your pay stubs if you take time off work because of your injuries
- Speaking to an animal attack lawyer in Vancouver to discuss your legal options for recovering compensation
Animal Attacks Law in British Columbia
Animal owners in British Columbia are required to control their animals to prevent injury to others. You could be entitled to compensation if the owner was negligent in some way, such as by violating local leash laws or allowing a dog to roam freely in the neighborhood, leading to an unprovoked attack.
You could also collect compensation if you prove the owner knew the dog had a history of aggression. The right evidence is critical. British Columbia follows the “one-bite rule,” which says an owner may not be financially responsible for an attack if they did not know of their dog’s vicious tendencies. But if the evidence shows they knew the animal had the propensity to bite or be aggressive, the scienter doctrine could apply and allow you to recover compensation for your injuries.
Hurt? Hire an Animal Attack Lawyer in Vancouver, BC
If an emotional support animal bit you or a loved one, consult with a Vancouver animal attack lawyer at Warnett Hallen LLP today. Contact
our animal attack lawyer in Vancouver now for a free case review.
