FlyerTalk Forums - View Single Post - AS Sued After "Emotional Support" Pit Bull Attacks a 5-Year-Old Girl at PDX
Old Feb 28, 19, 11:49 pm
Join Date: May 2012
Location: In the air
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Posts: 2,662
Please do not refer to a service or "emotional support" animal as a pet. If the animals truly are as described, then they are service animals or working animals. What we have here is a person who may have called his companion animal (aka pet) an emotional support animal. However, until that is established, the animal is deemed to be a service animal.

Originally Posted by arttravel View Post
According to the news report the child asked the ESA dog owner and received approval to pet the dog.
Yes, indeed that is what the lawsuit CLAIMS. However, it is an unsubstantiated allegation and yet to be proven in court. A prudent personal injury attorney is going to toss as many claims as he/she can and will see what sticks.

The airport and the airline were in a difficult place. If they did not accommodate the people claiming disabilities then they faced ADA litigation. It's not their fault the child was left unattended or the dog owner did not control the dog. The worst part of this event is that it is likely that the dog owner was exploiting a loophole and took advantage of an allowance intended to help those who are in true need of a service animal. The plaintiff should go after the dog owner, who most likely has no money, nor liability insurance. By naming the airport and airline there is a plan to be able to collect under joint and several liability.
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