Emotional Support Animals and Dog Bite Liability

Emotional support animals (ESAs) provide comfort to individuals with mental or emotional disabilities, but their presence can complicate dog bite liability cases due to their unique legal status. Unlike service animals, ESAs are not trained to perform specific tasks and have fewer protections under federal law, yet they are often allowed in housing and certain public spaces. When an ESA bites a person or another animal, determining who pays for damages involves navigating state dog bite laws, federal and local regulations, and the specific circumstances of the incident. Below, I outline the key legal principles, challenges, and practical steps for addressing dog bite liability involving ESAs.

Key Legal Principles

  1. Strict Liability for Dog Owners:
    • In states like California, dog owners are strictly liable for bites under Civil Code § 3342, meaning they’re responsible for damages regardless of the dog’s prior behavior or ESA status, as long as the victim was lawfully in a public or private place (e.g., an apartment complex or Airbnb allowing ESAs).
    • Florida’s statute (§ 767.04) similarly holds owners liable for bites unless a “Bad Dog” sign is prominently displayed and no negligence contributed. ESA status does not exempt owners from these laws.
  2. Negligence-Based Liability:
    • In states like New York, liability requires proving the owner knew or should have known the ESA was dangerous (the “one-bite rule”). If the ESA has no history of aggression, the owner may avoid liability.
    • Negligence can apply if the owner fails to control the ESA, such as allowing it off-leash in a prohibited area or ignoring aggressive behavior.
  3. Federal and State Laws on ESAs:
    • Under the Fair Housing Act (FHA), ESAs are considered reasonable accommodations in housing, including apartments and short-term rentals like Airbnb, if the tenant provides documentation (e.g., a letter from a mental health professional). Landlords and hosts cannot deny ESAs unless they pose a direct threat or cause undue hardship.
    • The Americans with Disabilities Act (ADA) does not cover ESAs, so they lack the same public access rights as service animals (e.g., they can be barred from restaurants or stores). However, some states extend ESA protections to public spaces, complicating liability in places like dog parks.
    • ESA status does not shield owners from liability for bites, as courts prioritize public safety over accommodation rights.
  4. Premises Liability:
    • Property owners (e.g., landlords, Airbnb hosts) may face liability if they knew or should have known an ESA was dangerous and failed to act (e.g., remove the animal or warn others). For example, a landlord who approves an ESA despite prior bite complaints could be liable under premises liability laws.
    • In short-term rentals, hosts must allow ESAs under FHA rules if the rental qualifies as a “dwelling,” but they can be held liable if negligence contributes to a bite (e.g., failing to fix a broken gate).
  5. Dog-on-Dog Bites:
    • When an ESA bites another animal, strict liability often doesn’t apply, and victims must prove negligence. For example, if an ESA owner ignores a “no pets” rule at a dog park, they could be liable for veterinary costs.
    • In states like California, dogs are considered property, so damages are typically limited to economic losses (e.g., vet bills) rather than emotional distress.

Challenges in ESA Dog Bite Cases

  • ESA Verification: ESAs require only a letter from a mental health professional, not formal training or certification, making it easier for owners to falsely claim ESA status. This can complicate liability disputes if the animal’s behavior suggests it’s unfit for public spaces.
  • Insurance Exclusions: Homeowners or renters insurance may cover dog bites but often excludes certain breeds (e.g., Pit Bulls) or incidents involving commercial activities (e.g., short-term rentals). ESA owners may face coverage gaps if their policy doesn’t account for their animal’s presence.
  • Determining Knowledge of Dangerousness: In negligence states, proving the ESA had a history of aggression can be difficult, especially if the owner conceals prior incidents or the ESA is new to a public setting.
  • Balancing Accommodation and Safety: Courts and property managers must balance FHA protections for ESAs with public safety. If an ESA bites, landlords or hosts may argue they couldn’t deny the animal without violating federal law, shifting liability to the owner.
  • Shared Fault: If the victim provoked the ESA or was trespassing, liability may be reduced. For example, a California court reduced damages when a victim teased an ESA, citing comparative negligence.

Case Examples

  • California (2019): An ESA bit a neighbor in an apartment complex. The owner was held liable under strict liability laws, despite claiming the dog’s ESA status required accommodation. The court ruled that FHA protections don’t exempt owners from state bite laws, awarding $45,000 for medical costs and pain.
  • New York (2021): An ESA bit a delivery worker in a residential building. The owner avoided liability because the dog had no prior bite history, and the building’s “no pets” policy didn’t apply to ESAs under the FHA.
  • Airbnb Case (2022): A guest’s ESA bit another guest at a short-term rental. The host was found partially liable for failing to disclose the ESA’s presence, but the primary liability fell on the ESA’s owner, who paid $30,000 through their renters insurance.

Steps for Victims of an ESA Dog Bite

  1. Seek Medical Attention: Treat injuries immediately to prevent infections (20% of dog bites become infected). For pet injuries, visit a veterinarian promptly.
  2. Document the Incident: Take photos of injuries, the ESA, and the scene. Collect the owner’s contact information, ESA documentation (if provided), and witness statements. Report to animal control or property management for an official record.
  3. Verify ESA Status: Ask the owner for their ESA letter or contact the property manager to confirm the animal’s status. This can clarify whether the animal was legally present.
  4. Contact Insurance: Request the ESA owner’s homeowners or renters insurance details. File a claim for medical or veterinary costs. If the owner lacks coverage, check the property owner’s insurance (e.g., landlord or Airbnb’s $1 million liability policy).
  5. Consult a Personal Injury Attorney: A lawyer can determine whether strict liability or negligence applies, navigate FHA complexities, and pursue compensation for medical bills, lost wages, or pain and suffering.
  6. File Within Deadlines: Act within the state’s statute of limitations (e.g., two years in California, three years in New York for personal injury).

Steps for ESA Owners to Mitigate Liability

  1. Verify Insurance Coverage: Ensure your homeowners or renters insurance covers dog bites, including off-premises incidents or in shared spaces like apartments. Consider an umbrella policy for added protection.
  2. Train and Socialize Your ESA: While not required, basic training can reduce aggression and demonstrate responsible ownership in court.
  3. Disclose ESA Status: Inform landlords, hosts, or neighbors about your ESA, including its behavior history, to avoid claims of concealment.
  4. Follow Rules: Adhere to property or public space regulations (e.g., leashing in non-designated areas) to avoid negligence claims.
  5. Know Local Laws: Understand state dog bite laws and FHA requirements to anticipate liability risks.

Compensation in ESA Dog Bite Lawsuits

Victims may recover:

  • Monetary Damages: Medical or veterinary bills, lost wages, and rehabilitation costs.
  • Non-Monetary Damages: Pain, suffering, and emotional distress (for human victims; typically not for pet injuries).
  • Punitive Damages: Rarely awarded, only for egregious negligence or intentional harm.

The average dog bite settlement in 2016 was $33,230, but ESA cases vary based on injury severity, state laws, and whether the incident occurred in housing or public spaces.

Conclusion

Dog bite liability involving ESAs hinges on state laws, the owner’s knowledge of the animal’s behavior, and the context of the incident (e.g., housing, short-term rentals, or public spaces). ESA status under the FHA does not exempt owners from liability, and strict liability often applies in public or shared spaces. Victims should document the incident, verify the ESA’s status, and consult a San Diego dog bite attorney to secure compensation. ESA owners must maintain adequate insurance and follow local rules to minimize risks. Legal advice is critical to navigate the intersection of dog bite laws and federal accommodations.