If you or someone you care about has recently been bitten by a dog, especially a service animal or therapy dog, we understand that you are likely feeling overwhelmed. It is a situation filled with confusion, worry, and uncertainty. At times like this, the legal process may seem daunting, but you do not have to navigate it alone. You may have many questions about your rights, what actions to take, and how the law applies to your specific case. The truth is, the laws surrounding dog bites, especially when it involves service or therapy animals, can be complicated. If you’re unsure of how to move forward, we are here to help.
Understanding Dog Bite Laws in Oklahoma
In Oklahoma, dog bite laws are generally governed by the principle of strict liability. This means that, in many cases, an owner can be held responsible for injuries caused by their dog, regardless of whether the dog has bitten anyone before or if the owner knew about the dog’s aggressive tendencies. However, when it comes to service animals or therapy dogs, things can get more complicated. There are unique legal considerations that apply to these animals because they serve specific roles in assisting people with disabilities.
Service animals and therapy dogs are highly trained to help individuals with various physical, mental, and emotional disabilities. While these animals are vital to their owners’ lives, incidents involving them still happen. It’s important to understand the rules and exceptions that apply in these situations, especially when you’re dealing with injuries caused by these types of animals.
What is a Service Animal and a Therapy Dog?
Before diving into the laws, it’s crucial to distinguish between service animals and therapy dogs. A service animal is a dog trained to perform specific tasks that assist an individual with a disability. These animals can help with tasks like guiding a person who is visually impaired, alerting a person with a hearing impairment, or providing emotional support for someone with anxiety or PTSD.
On the other hand, a therapy dog is generally not a service animal in the strict legal sense. Therapy dogs provide emotional comfort and companionship to individuals in various settings, such as hospitals, nursing homes, or schools. These dogs are trained to interact with people in therapeutic environments but do not perform specific tasks related to a person’s disability.
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Both service animals and therapy dogs are important and valuable, but the law treats them differently when it comes to issues like dog bites. The distinction can affect how liability is determined and the types of legal protections that exist.
Liability for Dog Bites in Oklahoma
In Oklahoma, dog owners are generally held liable for injuries caused by their dog. However, the situation can be more complex when the dog in question is a service animal or therapy dog. Oklahoma follows the principle of strict liability in many dog bite cases, meaning the dog owner is responsible for any injuries caused by their dog, regardless of the animal’s previous behavior. However, there are some exceptions, particularly when the dog is a service animal or therapy dog.
If a service animal or therapy dog injures someone, the owner might not automatically be held liable, especially if the injury occurred while the dog was performing its duties. For example, if the dog was in a public space, assisting its owner, and an injury occurred, the owner might not be responsible because the dog was doing its job. This is because both federal and state laws provide specific protections for individuals using service animals.
Mr. Murray and his team were very professional and helpful throughout this process. As my case was very unique, I knew I was going to need a very specific and special team to help me through this. My wife and I prayed about it and God led us to Murray Law Firm. During the first consultation I requested he pray with me about it and he was quick to agree and that is when I knew we had made the right decision. They went above and beyond our expectations and won the case. I would highly recommend this firm.” - Roger Buchanan The Murray Law Firm worked wonders for me and my needs. James Murray along with his staff are so helpful, understanding, and answered all my questions and concerns. James was able to work his magic and get things done in such a timely manner. James even made his self available by phone after hours when I was in such need. He put not only mine but my whole families worries and concerns at ease. Would highly recommend James Murray to anyone searching for a very good attorney!" - Tiara Rich Jamie is personal yet professional. He can put you at ease and make you feel safe and secure. He will be at your side through this most difficult time in your life and will keep you informed about what is going on in your case and what you can expect. His staff is always ready and willing to do everything the can to help you. Highly recommended." - Alicia Mayfield
Under the Americans with Disabilities Act (ADA), people with disabilities have the right to use service animals in public places without fear of discrimination. In these cases, if the dog were to bite someone while acting within the scope of its service duties, it could be challenging to hold the dog’s owner liable.
However, the situation changes if the injury occurred outside the scope of the dog’s duties or if the dog was acting aggressively. If the service animal or therapy dog attacked someone in a non-service-related context, the owner could be held accountable just like any other dog owner.
Defenses Against Liability in Service Animal Cases
There are several legal defenses that dog owners might raise in dog bite cases, especially when a service animal or therapy dog is involved. One common defense is that the injured party provoked the dog. For example, if the individual made sudden movements or behaved in a way that startled the dog, the owner might argue that the dog was only defending itself. However, proving this can be challenging, especially if the dog was acting outside of its usual service duties.
Another defense might involve whether the dog was under control at the time of the bite. If the dog was being properly restrained and was not provoked, the owner might argue that the attack was a result of a rare, unforeseen situation. In these cases, a court will closely examine the circumstances surrounding the bite to determine whether the dog was properly handled.
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What to Do If You Are Bitten by a Service Animal or Therapy Dog
If you have been bitten by a service animal or therapy dog, it’s crucial to take the proper steps immediately. First, seek medical attention for your injuries, no matter how minor they may seem. Even small bites can lead to infections, so it’s important to document your injuries with medical professionals.
Next, report the incident to the appropriate authorities. If the dog was in a public place, such as a shopping mall or restaurant, inform the property owner or manager. In many cases, the incident will need to be documented for insurance purposes.
It’s also important to gather as much information as possible. Take pictures of your injuries and the scene where the incident occurred. If there were any witnesses, get their contact information as well. This documentation will be crucial if you decide to pursue a case later on.
Why You Should Consult with a Lawyer
If you or a loved one has been bitten by a service animal or therapy dog, consulting with a personal injury attorney is essential. These cases can be complex, and the laws governing them are not always clear-cut. An experienced attorney will help you understand your rights and navigate the legal process effectively.
The legal team at Murray Law Firm understands the stress and confusion you may be facing after a dog bite injury. We are here to offer compassionate support and guide you through every step of your case. Our goal is to help you achieve the best possible outcome for your situation.
Dealing with a dog bite injury, especially one involving a service animal or therapy dog, can be an emotional and difficult experience. You do not have to go through it alone. If you are unsure of what to do next, or if you want to explore your legal options, Murray Law Firm is here to help. We are committed to standing by your side and working tirelessly to ensure that you get the compensation and justice you deserve.
Contact us today to schedule a consultation and begin taking the first steps toward a successful resolution to your case. Our team is ready to support you during this challenging time.