For many people in California, dogs play an important role in their everyday life. From providing companionship to being there to support them physically and emotionally, these pets are there for them in a number of different situations. Some of these dogs are even “prescribed” by health care professionals as emotional support animals (ESA).

While these dogs provide their owner with emotional support, they are not on the same level as service dogs. Thus, these pets usually aren’t allowed to accompany owners into a store or other public place in California. However, that doesn’t mean you or a loved one won’t encounter one of these animals at these places. And it also doesn’t mean these dogs won’t react poorly in a given situation and bite you.

Experienced Legal Guidance After California Dog Bites at Stores

At Maison Law, our team of experienced California dog bite lawyers understand the complexity that comes with a dog bite case at a store in California. Regardless of the circumstances, we want you to know that you have rights and options. Understanding how the process works and what you can do is very important to your overall recovery, and we can help you through that process. Contact us today to set up a free consultation to learn more.

Is an Emotional Support Dog the Same as a Service Dog?

Every dog offers some level of emotional support to its owner. However, certain dogs receive a distinction as an “emotional support dog” (ESD) that provides owners who have been diagnosed with emotional or psychological disorders with:

Comfort
Companionship
Emotional support

These disorders could include things such as:

Anxiety
Depression
Post-traumatic stress disorder (PTSD)
Bipolar disorder

Emotional support dogs are distinct from service dogs mainly because ESDs don’t receive specialized training for specific disability-related tasks. Instead, their primary purpose is to provide emotional comfort and ease symptoms linked to their owner’s condition. Having an emotional support dog can lessen the owner’s anxiety, create a feeling of safety, offer companionship, and generally help the owner’s emotional well-being.

Are emotional support dogs allowed in stores in California?

Because ESDs are different from service dogs, they don’t enjoy the same legal protections that service dogs have. Thus, when it comes to access to public places or stores, ESDs aren’t necessarily allowed inside with their owner. Thus, although they play an important role in their owner’s emotional well-being, they are still viewed the same as regular pet in terms of being allowed inside a store in California.

That said, some stores allow well-behaved, leashed dogs to enter the premises with their owner. As a result, it’s possible that when you’re shopping at a store, you’ll encounter one of these animals. Therefore, you should understand how to approach them and how you can avoid situations that could lead to a dog bite.

Avoiding Dog Bites at a California Store

The reality is, if you come across an emotional support dog at a store in California, they can react in the same way as any other dog. Despite them being classified as an ESD, these dogs don’t have specialized training to know how to react when placed in an environment like a store. What this means for you is that you’ll have to take certain measures to avoid being bitten if you encounter one of these dogs while you’re shopping:

Give the dog space – Always give dogs, even well-behaved ones, some space. Approach them slowly and let them come to you if they seem comfortable.
Ask permission before interacting – If you want to interact with the dog, ask the owner for permission first. Not all ESDs are comfortable with strangers approaching them.
Respect body language and demeanor – Pay attention to any signs or indications from the dog’s owner. If the owner asks you to avoid the dog or keep your distance, respect their wishes.
Avoid direct contact – Direct eye contact can be interpreted as a threat by some dogs. Instead, avoid staring and let the dog come to you on its terms.
Stay calm – Dogs can sense fear and anxiety, which might make them more nervous or defensive. Stay calm and move slowly.
Don’t surprise the dog – Avoid sudden movements or loud noises that might startle the dog.
Let the dog sniff – Allow the dog to sniff your hand before attempting to pet it. This helps the dog become more familiar with your scent.
No quick movements – Sudden movements can startle or provoke a dog, so try to move calmly and predictably.
Read body language – Learn to read a dog’s body language. If a dog appears tense, scared, or aggressive, it’s best to keep your distance.

Even following these guidelines won’t totally prevent a dog bite. However, it’s important to remember that each dog is unique and has its own feelings and personality. If you encounter an emotional support dog in a store, treat it with care and respect. That said, if you are bitten, it’s important to understand your options.

Are Owners of Emotional Support Dogs Responsible For Bites Under California Law?

Legally speaking, emotional support dogs are viewed the same as any other dog. This means that if they bite you at a store, the dog’s owner is responsible for any resulting injuries or damages. Under California law, this is known as “strict liability.” Thus, the ESD’s owner can be

Held accountable for your (or anyone’s) injuries, even if they weren’t aware their dog could be dangerous.

However, there is an added element when the dog bite happens at a store. In these situations, the store itself is also partially responsible, due to its duty to keep you and other customers safe. In order to show the store was negligent in allowing a dog to bite you, you’ll need to show:

You were legally allowed to be where the dog bit you.
The dog bit you while you were there.
You had damages because of the bite.

With all of this established, you can then proceed to file claims to cover your injuries or damages. Before you do that, you should also consider speaking with our team of experienced California dog bite lawyers. We can give you vital initial guidance and let you know what to expect.

Damages in a California Dog Bite Claim

No matter what the circumstances are, being bitten by a dog is likely going to result in at least minor injuries or damages. In severe cases, these injuries can be more impactful and last well after the initial incident. Thus, it’s important to take every available route to getting the benefits and support available to you under the law.

Our team of experienced dog bite lawyers can also help you in this regard, assisting you in gathering evidence, determining all liable parties, and helping you through the claims process. Usually, it involves filing insurance claims or personal injury lawsuits, all of which allow you to recover “damages.” In a typical California dog bite claim, the following damages are available:

Medical expenses – This means the costs you have to pay for getting help when you’re hurt, like going to the hospital, having surgeries, taking medicines, doing exercises to get better, and other things that help you heal.
Lost wages – If being hurt makes it so you can’t go to work or earn income like before, you might get financial support to make up for the pay you missed and the money you could have made if you weren’t hurt.
Pain and suffering – Dog bites are physically and mentally painful. These damages are associated with the cost of this lasting pain and trauma.
Disfigurement and scarring – If getting bitten by a dog makes you have marks that stay on your body forever or if it changes how you look, you might get more financial awards to help with how you feel about yourself and how you look.
Property damage – If a dog bites you and ruins your phone, clothes, glasses, or other things you own, you might be able to get financial support to fix or buy new ones.
Punitive damages – Sometimes, if the owner of the dog was really not careful or they meant to harm you, the court might give you extra damages to further punish the owner and to curb such action in the future.

Contact Our Experienced California Dog Bite Lawyers Today

Facing the pain and emotional stress caused by a dog bite at a store in California can be really challenging. However, having our skilled team of California dog bite lawyers on your side can make things much easier.

At Maison Law, we know all about these types of situations and will make sure your rights are taken care of while assisting you in getting the help and support you need to recover.

What If You’re Bitten By an Emotional Support Dog at a Store In California?