While it’s common for a “comfort animal” to have special rights — to travel on a flight for example — but what happens when a “comfort dog” bites?  Do any special protections exist for a person’s comfort animal?  In particular, does the Americans With Disabilities Act protect comfort dogs, like it protects “service dogs”? 

That’s the focus of this page.  

 

Some Background

Comfort Dogs Become More Common in Public

In addition to flying with us on airplanes, comfort dogs can be found nearly everywhere, including inside courts of law!  In Commonwealth v. Purnell, 259 A.3d 974 (2021) Pennsylvania’s Supreme Court had to decide whether a trial court could permit a comfort dog to appear in court to assist a witness, who was nervous to testify.  The decision?  Chief Justice Max Baer wrote in an opinion for the majority of the highest court: 

“We conclude that trial courts have the discretion to permit a witness to testify with the assistance of a comfort dog,” 

So we are only going to see more, not less, comfort dogs coming in contact with strangers.

And comfort dogs do bite.  

 

Comfort Animals Attack

All dogs bite.  It’s a fact.  Perhaps the most famous attacking support dog is Sam, the biting support dog of the upper East Side of New York City.  As the New York Post has written:

Sam, a 4-year-old rescue, is accused of biting someone so badly he needed antibiotics and attacking tenants, staff and delivery workers at his owners’ W79th St apartment building — and is the subject of a police report.

He has even prompted an anonymous PSA telling people not to ride the elevator with him.

A person named Joe Venafro ignored the warning and dared to ride with Sam. Big mistake. Joe suffered seven puncture wounds when Sam, a mix of unknown breeds, bit him in the abdomen. In fact, the severity warranted police involvement, as reported.    

 

The Law in Pennsylvania 

While it’s true that comfort dogs enjoy certain rights – like the right to sit in a plane or in court — PA’s dog bite law fails to create any special protections for support dogs — or their owners — when such dogs attack. 

The same goes for true “service animals,” which enjoy protections under the Americans with Disabilities Act (ADA). The ADA defines a “service animal” as “[D]ogs that are individually trained to do work or perform tasks for people with disabilities,” which are typically only physical disabilities. All that said, when a service animal attacks, the owner can face a claim for the damages.  No special protection exists under the ADA.  In fact, even the United States Department of Justice, Civil Rights Division, fails to identify any particular ADA protection for dog owners sued pursuant to state law. Click here more.  

Service Dog Training – A Legitimate Defense?

Even though the ADA does not create any special protection from dog bite lawsuits, a service dog’s special training means two things. One, the likelihood of an unprovoked attack is very low, creating an inference that the victim may have provoked the dog, which is an excellent defense under PA law. Secondly, specialized training for one dog can cost $10,000 or more, rendering it very difficult to replace a true service animal when deemed “dangerous” in the civil courts.  So a jury may take it relatively easy on a well-trained service dog that happened to lash out, only once, if the jury believes — rightly or not — it would compromise a disabled person’s access to a service dog.   

 

Let’s Get Started!

Our Pittsburgh lawyers offer a 100% free consultation for anyone injured relative to a dog bite or animal attack in Pennsylvania.  If you or someone you know needs help advancing a dog bite 

412.400.5476