Service animals play a critical role in assisting individuals with disabilities, providing vital support and independence. An attack on a service animal can jeopardize its ability to perform essential tasks, leaving its owner vulnerable. Understanding the legal options available can help service animal owners navigate these challenging situations.
Assessing liability for the attack
The first step involves determining who is responsible for the attack. Under Wisconsin law, dog owners are strictly liable if their dog injures a service animal. This means they are responsible for damages regardless of the dog’s prior behavior. Wisconsin also imposes increased liability for repeat incidents, holding owners accountable for double damages if they knew the dog had previously caused injury or posed a risk.
Seeking compensation for damages
Service animal owners can pursue compensation for the damages caused by the attack. Damages may include veterinary bills, costs for retraining the service animal, or even replacement costs if the animal cannot continue its duties. Emotional distress and loss of independence may also be compensable in some cases. Filing a claim through the responsible party’s homeowner’s insurance can cover many of these expenses.
Filing a legal claim
When an insurance claim does not provide adequate compensation, a lawsuit may be necessary. Owners can file a personal injury or property damage claim, depending on the circumstances. Courts often take the unique role of service animals into account, which can result in higher awards for damages compared to ordinary pets.
Reporting the incident to authorities
Reporting the attack to animal control or local authorities ensures a proper investigation. This step can also prevent future incidents by addressing any dangerous behavior from the attacking dog. In severe cases, authorities may impose fines or require the offending dog’s owner to take corrective actions.
Advocating for service animal protection is crucial for minimizing the impact of dog attacks. Knowing the legal options empowers service animal owners to seek justice and safeguard their essential companions.
