One emerging social issue that the media is taking notice of is “‘bad’ service animals” or “fake service animals.”

As reported in “Service with a Snarl” (San Francisco Times) and “Oregon Wants ‘Dog Friendly’ To Be Less So” (New York Times), some alleged service dogs are behaving badly, very badly — mouthing, barking, nipping, or biting other people, knocking shelf items over, urinating and defecating in the shops. It is a sad fact that there are some people who are unlawfully pawning their companion pets as service animals.

Although I’ve not personally observed any of the alleged service dogs mentioned in the above referenced articles, I suspect that most, if not all, of these dogs were trained by nonprofessionals who had very little experience and knowledge training service dogs. I also suspect that some of the people referenced in the above articles are taking advantage of the system.

Well trained service animals should not behave badly, but since some alleged service animals do, what can be done? In “Service Animals and the Law,” I explained that when a service animal behaves badly, the shopkeeper has the right to remove the animal or ask the handler to remove the animal from the premises. This is information provided in the Department of Justice’s Commonly Asked Questions About Service Dogs In Places of Business.

But what legal action can one take if an alleged service animal bites a customer or urinates in the store? A person or business that has been harmed by an alleged service animal may sue for damages. The issue whether the animal is a “service animal” is irrelevant. A personal injury or property damages lawsuit against the handler of a service animal will depend on such questions as: (1) Did the animal behave appropriately? (2) Did someone provoke the animal or do anything to cause the animal to behave the way that it did? (3) Was a person or business harmed as a result?

One wonders, though, whether a service animal who has bitten another person may be euthanized. I am not aware of any cases involving service dogs who have been euthanized under a court order following a dog bite incident. But I can’t think of any reason why a service animal could not be euthanized pursuant to a court order. Should trained animals who bite be treated any differently from untrained animals who bite?

Handlers who train their own service animals are strongly encouraged to participate in as many seminars, workshops, and other training programs as possible, to ensure that their service animals are well trained and well behaved at all times. There has been a lot of talk about whether service animals should be “certified.” This is an interesting topic, and some bloggers have debated the pros and cons of certification. (Check out the comments in Pet Connection Blog: “Is Justice A Service Dog? Court Says No.“) Certification sounds like a step in the right direction, but, as the comments under that blog post indicate, certification raises many questions, such as “Who should certify the service animals?” “Who certifies the certifiers ?” “How often will service animals need to be certified?” “How much money will the disabled individual have to pay to get their service animals certified?” “Won’t this invade the privacy of those who are disabled?”

The fact that we hear very little about badly behaved “service animals” is an excellent sign that the number of well trained service animals far outnumber those who are untrained. But I hope I never hear a judge issue an order to euthanize an alleged service animal. I also hope I never hear about badly behaved “service animals” again. I’m hopeful, but am I dreaming?

© 2009, Matthew Stoloff, Esq.. All rights reserved.

Related posts:

1. Service Animals and the Law
2. Calculating Damages and the Legal Value of Service Animals
3. Service Animals in the Schools
4. When Companion Pets Become Service Animals
5. Service Animals Now “Defined”
6. Should We Rethink the Concept of Service Animals?
7. Service Animals in Training on Airplanes
8. Are IEPs Necessary for Service Animals?
9. Service Animals, Tort Reform, and Layla’s Law
10. Taking Care of Your Service Animal When Something Happens to You

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