Asked in Animal / Dog Law and Small Claims for Colorado

Q: Are there laws to protect people who get attacked/chased by “service animals” who are not on leashes and aggressive?

The dogs are aggressive and chase me and my dog who is on a leash beside me. I’m afraid to leave my apt. What do I do?

2 Lawyer Answers
Kristina M. Bergsten
PREMIUM
Kristina M. Bergsten
Answered
  • Animal & Dog Law Lawyer
  • Denver, CO
  • Licensed in Colorado

A: Yes. Service animals are required to be under the owner’s control at all times. So the dog cannot chase and attack you and be exempt from the law. Such behavior could fall under Colorado’s dangerous dog statute. If you are being chased or attacked by any dog, regardless of designation, you can report the dog and owner to animal control or your local law enforcement.

Juliet Piccone
Juliet Piccone
Answered
  • Animal & Dog Law Lawyer
  • Greenwood Village, CO
  • Licensed in Colorado

A: You should talk to your landlord and document the issue and see if there is some neutral third party who could potentially mediate this issue. You say "they" as in more than one service dog. Typically a person only needs one service dog, but there are some exceptions. Is it possible these are actually emotional support animals? If so, they are allowed in no-pet housing only to the extent they do not interfere with other resident's enjoyment of premises, and they would not be exempt from leash laws. Your apartment does not appear to be no-pet housing, so I'm wondering why the owner feels the need to call the dogs his "service" animals? It may be helpful to look at Colorado's fake service dog laws embodied in House Bill 16-1426 (signed into law and codified in many different statutes). It says in part, "(a) Service animals that are properly trained to assist persons with disabilities play a vital role in establishing independence for such persons; (b) The term "service animal" has a distinct meaning in the law. A service animal means a dog or miniature horse trained to do work or perform tasks for the benefit of an individual with a disability and whose work or task is directly related to the individual's disability. Under the law, the provision of emotional support, well-being, comfort, or companionship does not constitute the work or tasks of a service animal."

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.