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Chicago Service Dog Injury Lawyers
Service dogs play an essential role in supporting many Chicago residents. They are individually trained to assist a person with a disability. Whether that disability was acquired through birth, an accident, a war incident, or another life experience, people enjoy having a companion and something to rely on for their daily routines. Since disabilities vary, so do the skills and tasks service dogs may be trained to perform.
According to Chicago’s Animal Care & Control, more than 30,000 calls are received at their 311 center. Service dogs help their humans handle many daily life tasks. However, if the service dog gets spooked, provoked, or has any other animal reaction, a serious dog bite can leave severe and permanent injuries.
If you were bitten by a service dog, such as a Pitbull or German Shepherd, speak to an experienced Chicago service dog injury attorney today. The team at Briskman, Briskman, & Greenberg can help.
Understanding Service Dogs and Their Roles
The Americans With Disabilities Act (ADA) defines a “service dog” as one that is individually trained to assist a person with a disability. A dog who has received such training is a “service dog,” whether or not the dog has been certified by any organization or is wearing any identification, such as a service vest.
Service dogs are not pets. They’re working animals, trained to perform specific tasks. Common tasks service dogs are trained to do include:
- Guiding people with vision impairments.
- Alerting those who cannot hear certain sounds, such as oncoming traffic.
- Pulling wheelchairs or fetching objects for people who cannot walk.
- Alerting to signs of a seizure or low blood sugar and protecting a person in crisis.
- Reminding a person to take their medications.
- Calming someone with post-traumatic stress disorder (PTSD) during an episode.
Service dogs can be trained to do other tasks as well. Often, an individual dog is trained to assist its handler with the handler’s specific tasks or needs. Thus, service dogs are not “one size fits all,” nor can a trained dog be replaced easily.
Service dogs greatly enhance the quality of life for their handlers. A dog can help a disabled person navigate the world, perform daily tasks, and meet life goals. Without a service dog, these avenues may be closed to many Chicago residents.
Legalities Surrounding Service Dogs in Chicago
The Americans With Disabilities Act (ADA) sets “ground rules” for defining service dogs and for treating service dogs and their handlers in public. Municipalities such as the city of Chicago can allow for greater protections, but they cannot offer fewer protections than the ADA.
The ADA requires businesses to allow a disabled person to bring a service dog into any space where customers can generally go. The ADA applies to all businesses open to the public.
Under the ADA:
- A business may ask if the dog is a service dog or what tasks it can perform. It may not ask for special ID cards for the animal or its handler.
- A business may not charge extra fees, isolate a service dog and handler from other patrons, or otherwise treat the dog and handler less favorably than other customers. (A business that normally charges for property damage, like a hotel, can charge for damage even if the dog caused it, however.)
- A service dog’s handler cannot be asked to take the dog off the premises unless the dog is out of control and the handler isn’t adequately controlling it, or the dog directly threatens others’ health and safety.
Illinois’s Service Animal Access Act and White Cane Law impose criminal penalties on those who deny service dog handlers or trainers the right to be accompanied by the dog in public accommodations. Violating either act can be punished as a misdemeanor.
Many Chicago residents cannot safely navigate essential public spaces like accommodations, eateries, shops, and offices without a service dog. Although some Chicago residents rely on service animals, these animals can unexpectedly attack a child at a park or bite you or another dog in public. If you or someone you know was severely attacked by a service animal while out in public or while visiting a friend’s home, you do have the right to seek compensation for your injuries.
Service Dog Injury Cases: When Legal Help is Needed
Under Illinois and federal law, service dogs have a legal right to be in public places to carry out the tasks their handlers require. However, no service dog has a legal right to cause injuries to another person.
Service dogs are trained to behave well in public. Yet service dogs are still dogs. They may act aggressively when startled or if they sense a threat to themselves or their handlers, even if no actual threat exists. A service dog that acts aggressively can cause the same damage as any other dog, including bites, scratches, lacerations, infections, bleeding, or even broken bones.
If you’re injured by a service dog, get medical help right away. Speak to an experienced Chicago dog bite injury lawyer as soon as possible. An attorney can investigate the incident and determine which parties should be held accountable.
How to Apply For a Service Animal in Chicago
The ADA doesn’t specify which disabilities qualify for a service dog. The law does require a link between the disability and the task the dog performs, however.
For many people with disabilities, finding a good match with a service dog means working with an organization that trains service dogs. Organizations that work with those in the Chicago area include:
- MidAmerica Service Dogs’ Foundation focuses on matching service dogs to children and adults with mobility disabilities.
- Department of Veterans Affairs (VA) connects veterans with physical disabilities to service dogs.
- Dogs for Better Lives trains dogs for people with “hearing loss, an autism diagnosis, or other trauma or disability.”
- Paragon Service Dogs trains hearing loss dogs, dogs that work in designated locations, and owners who wish to learn more skills with a dog they already have.
- Leader Dogs for the Blind focuses on training seeing-eye dogs.
For other organizations that train service dogs and connect them to people in need, see Assistance Dogs International, a coalition of service dog providers. Reach out to one of these organizations to apply for a service dog or to learn more about how dogs are trained.
Breeds and Training Requirements for Service Dogs
Service dogs come from many breeds and backgrounds. The most successful service dogs have temperaments that adapt well to training, according to the American Kennel Club (AKC). Dog breeds that are calm, consistent, and reliable tend to perform better as service dogs.
Popular service dog breeds include the Labrador retriever, golden retriever, German shepherd, poodle, Bernese Mountain dog, Great Dane, collie, and American Stafford Terrier. Smaller breeds like the Pomeranian have proven capable of alerting to various symptoms, like seizure onset or low blood sugar. They can also help hearing-impaired people navigate their environment.
The ADA does not require particular organizations or certification steps to be met, only that the dog’s training match the handler’s needs. A service dog organization can help you train your current dog or find a compatible dog who knows how to do the tasks you need.
Interacting Safely with Service Dogs in Public Spaces
Most service dog handlers receive training alongside their dogs. They learn how to handle their dog in public spaces and how to interact with the dog to accomplish certain tasks.
Members of the general public, however, don’t receive this training. For both adults and children who see dogs as pets, learning to identify and navigate a service dog is a must. These skills are especially important in areas where a pet dog might meet a service dog, such as in a public park.
When meeting a service dog:
- Think “pro,” not “pet.” Assume the dog is working at all times and must not be distracted.
- Control your own pets and children. You, the service dog, and the dog’s handler may know the service dog needs to focus, but your pet dog or your child may not understand. Keep pets and children at a distance from a service dog whenever possible. Teach children that if they see a service dog in a harness, vest, or other clear markings, the dog is “at work” and shouldn’t be distracted or petted.
- Respond to injuries as you would to any emergency. Trade contact information, get medical attention, and protect any injured person or animal until help arrives.
How a Chicago Service Dog Injury Lawyer Can Help
Despite their increasing presence in our lives, service dogs remain ill-understood by the general public. People still tend to see these dogs as pets and their presence as a “special privilege” afforded to disabled people. Getting someone to understand the impact on your life after a serious dog attack can be challenging, not only as the victim but also as the pet owner.
An experienced Chicago service dog injury lawyer can help. We know that you didn’t intend to visit a park or a loved one’s home, just to leave with a serious injury after their dog attacked you. We’ll help you recover compensation for injuries to your dog and for related losses.
To learn more, contact Briskman, Briskman & Greenberg today. We work on contingency, so you won’t pay a fee unless we win your case. Call us or use our online form to schedule a consultation with an experienced Chicago service dog injury attorney.
FAQs
What are the legal differences between service dogs and emotional support animals?
Service dogs, emotional support animals, and therapy dogs have three distinct jobs and qualifications. They are also treated differently from a legal perspective.
Service dogs are trained to perform specific tasks to address the distinct needs of a disabled person. The tasks are quantifiable and can be directly observed. For instance, a guide dog may press against a handler’s legs at an intersection if it sees a car coming, or a dog may fetch a medication bottle when it hears a sensor beep. The ADA protects the right of service dogs to assist their handlers in public spaces. Only dogs (and, in some cases, miniature horses) are considered service animals under the ADA.
Emotional support animals are companion animals whose presence comforts those with anxiety, depression, and related conditions. The category includes both dogs and other animals. They are not trained to perform specific tasks or to comport themselves in any particular way in public. The ADA does not require public spaces to accommodate emotional support animals.
Therapy dogs are certified or registered to work in hospitals, schools, and other institutions. They are trained to behave obediently in public but are not trained to perform specific tasks. They are typically allowed only in their “home” facility; public accommodations may refuse to admit them.
Can any breed be trained to be a service dog in Chicago?
While any dog breed can be trained to perform specific tasks for a disabled person, some breeds take to this training better than others. The best service dogs are calm, self-controlled, and not easily distracted by nature. Popular service dog breeds include Labrador and golden retrievers, poodles, German shepherds, and Bernese Mountain Dogs. Some smaller breeds, like Pomeranians, are adept at tasks like alerting to certain sounds or fetching objects like medicine bottles.
What steps should I take if I or my dog is involved in an injury incident?
No matter who is injured in an accident, think safety first. Move injured parties out of the way of danger if possible, but do not move anyone who may have head, neck, or back injuries. If you cannot move the injured person, move the dog instead. Call 911 for emergency medical assistance.
If you or your pet were injured by a service dog, collect any information you can. If possible, get the name and contact information for the dog’s handler. Taking photos or video can help document the scene and the injuries.
Reach out to an attorney with experience handling service dog injury cases. An attorney can further investigate your case, protect your legal rights, and hold at-fault parties accountable.
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