Service dogs are trained to help people with disabilities live more independent and fulfilling lives. They assist with everyday tasks, provide emotional stability, and are protected under laws like the Americans with Disabilities Act (ADA). However, just like any other animal, a service dog can sometimes bite or injure someone. When this happens, it raises serious questions about who is responsible and what legal rights you have as the victim.
If a service dog bites someone, it can be a confusing and emotional experience for both the victim and the dog’s handler. Many people assume that service dogs are always calm and harmless, but even well-trained animals can react unexpectedly in stressful or unfamiliar situations. In this article, we’ll break down what happens if a service dog bites someone, what steps to take immediately after, and how the law handles these cases.
What Happens If a Service Dog Bites Someone?
If a service dog bites someone, the owner or handler is typically held responsible for the damages caused by the bite. Even though service dogs have legal protections under the ADA, those protections do not excuse the handler from keeping the dog under control. The laws in most U.S. states treat service dogs the same way as any other dog when it comes to bites and injuries.
This means that if a service dog bites someone, the victim can often pursue compensation for medical bills, pain, emotional distress, and other related damages. The owner may also face legal action, depending on the circumstances of the bite.
Understanding Liability: Who Is Responsible?
Liability refers to who is legally responsible for paying for the harm caused by the dog bite. The answer depends on the state you live in, but here’s what generally happens in the U.S.:
Strict Liability Laws
In many states, including California and Florida, dog owners are subject to strict liability laws. This means that if their dog bites someone, they are automatically responsible for the damages—even if they didn’t know the dog could be dangerous.
So, even if the handler says, “My service dog has never done this before,” that usually won’t protect them from legal responsibility. Under strict liability, intent or prior knowledge doesn’t matter—the fact that the service dog bit someone is enough.
Negligence
In states that don’t have strict liability laws, the injured person might need to prove negligence. Negligence means the owner failed to take reasonable steps to prevent the bite. For example, if the service dog wasn’t properly restrained, or the handler ignored signs that the dog was agitated, the handler could be found negligent.
ADA Limitations
The Americans with Disabilities Act gives service dogs special access to public places, but it doesn’t excuse them from bad behavior. Under the ADA, a service dog must be “under control” at all times. If a service dog bites someone, the handler can be asked to remove the animal from the location—and that dog might even lose its service status if it’s proven to be aggressive.
What To Do Right After a Service Dog Bite
If you’ve been bitten by a service dog, your safety and health come first. It’s also important to collect evidence right away to support any possible claim or legal case. Here’s what you should do:
Get Medical Help Immediately
Even if the bite seems small, always see a doctor. Dog bites can cause infections, nerve damage, or scarring. Medical records also act as proof if you later decide to file a claim.
Report the Incident
Call your local animal control or police department to report the bite. They can create an official record and check if the dog is vaccinated. Reporting also helps prevent future incidents.
Get the Handler’s Information
Ask for the handler’s name, contact number, and insurance information. If the service dog bites someone in a public place like a store, also note the name of the business and any witnesses who saw the event.
Take Photos and Notes
Photograph your injuries, the dog, and the scene where the bite happened. Write down everything you remember about the incident—including how the dog behaved and what the handler said afterward.
Consult a Personal Injury Attorney
A lawyer who specializes in dog bite cases can guide you on your next steps, negotiate with insurance companies, and help you get the compensation you deserve.
Possible Compensation After a Service Dog Bite
If a service dog bites someone, the victim can seek different types of compensation depending on the severity of the injury and the impact on their life. Common types of damages include:
- Medical Expenses: For doctor visits, stitches, surgery, medications, and therapy.
- Lost Wages: If you miss work due to recovery time or medical appointments.
- Pain and Suffering: For the emotional and physical pain caused by the bite.
- Permanent Scarring or Disfigurement: For visible or lasting injuries.
- Psychological Trauma: If the bite leads to anxiety, nightmares, or a fear of dogs.
In some cases, punitive damages might be awarded if the handler or organization acted recklessly—such as knowing the dog had bitten before but still allowing it near people.
What If the Dog Is Part of a Training Program?
Sometimes, the service dog that bites someone might still be in training. In that case, the training organization or school could share responsibility if it failed to properly assess or train the animal. For example, if the dog had shown aggressive tendencies and was still certified or placed with a handler, the organization could be held partially liable.
Proving this usually requires reviewing training records and obtaining expert testimony, which a lawyer can handle for you.
Can a Service Dog Lose Its Status After Biting Someone?
Yes. If a service dog bites someone, it can lose its service status in certain situations. The ADA and state laws require service dogs to be well-behaved and under control. If a dog becomes aggressive, behaves unpredictably, or bites a person without being provoked, it may no longer qualify as a service animal.
In such cases, the handler may be asked to remove the dog from public places, and some agencies may revoke the dog’s certification. This is done to protect public safety while still respecting the rights of people with disabilities.
Can You Sue If a Service Dog Bites You?
Yes, you can. If a service dog bites someone, the injured person can file a personal injury claim or lawsuit against the dog’s handler or owner. Here’s what you need to show:
- The bite caused actual injury.
- You were in a public place or legally present on private property.
- The handler or owner was responsible for the dog.
You don’t have to prove that the handler was a bad person or intended harm. The key question is whether the dog caused the injury and whether the handler could have prevented it.
Many of these claims are resolved through insurance settlements. Most homeowners, renters, or liability insurance policies cover dog bites, including those involving service animals.
Criminal Consequences for the Owner
In serious cases, the handler could also face criminal charges. If a service dog bites someone severely or the owner acted recklessly, local authorities might investigate for criminal negligence or public safety violations.
These charges are rare but can apply if, for example, the dog was known to be dangerous and the handler ignored prior warnings.
Defenses an Owner Might Use
If a service dog bites someone, the owner might raise a few defenses to avoid liability. These could include:
- Provocation: Claiming the victim provoked the dog by threatening or startling it.
- Trespassing: Arguing the victim was not legally on the property.
- Self-defense: Stating the dog was protecting the handler from real harm.
Each case is different, and evidence like witness statements, medical records, or video footage will be crucial to counter or support these claims.
How a Lawyer Can Help
Dog bite laws can be complicated, especially when a service dog bites someone. A personal injury lawyer can help by:
- Investigating the case and gathering evidence.
- Identifying all potentially liable parties (the owner, trainer, or property owner).
- Handling communications with insurance companies.
- Estimating your total damages and negotiating fair compensation.
- Filing a lawsuit if settlement talks fail.
An attorney also understands how to handle sensitive cases involving service animals and their handlers, ensuring your rights are respected while pursuing justice.
Preventing Service Dog Bites
While not all incidents can be avoided, here are some tips to reduce the chances of being bitten by a service dog:
- Respect their space: Don’t pet or distract a working service dog.
- Watch for signs of stress: If the dog seems anxious or protective, keep a safe distance.
- Ask before interacting: Always check with the handler before approaching.
- Teach children caution: Kids are often the most likely to be bitten, so explain that service dogs are on duty.
These small steps can prevent misunderstandings and keep both people and animals safe.
Final Thoughts
If a service dog bites someone, it can be a stressful and painful experience. While service dogs are trained to assist, they are still animals capable of reacting to fear, pain, or confusion. The law generally holds the handler responsible, even if the dog is well-trained and has never bitten before.
If you or someone you know has been bitten by a service dog, take immediate steps to get medical care, report the incident, and contact an experienced personal injury attorney. Legal professionals can help you understand your rights, deal with insurance claims, and seek fair compensation for your injuries.
Remember, being informed and proactive after a service dog bite is the best way to protect your health and your legal rights.