(a) A person convicted of a violation of this article shall be ordered to make full restitution for damages, including incidental and consequential expenses, incurred by the service dog and its user, which arise out of or are related to the violation.
(b) Restitution for a conviction under this article includes, but is not limited to, any of the following:
(1) The medical expenses of the service dog and its user, and the value of the service dog to its user for the period in which the dog is unable to perform its duties due to injuries suffered as a proximate cause of the violation, or if the violation resulted in the death or permanent disability of the service dog, the value of the service dog to its user.
(2) The cost of any retraining of the service dog needed as a result of the violation.
(3) Compensation for wages or earned income lost by the service dog user as a proximate cause of the violation.
(4) Any other economic loss suffered by the service dog user as a proximate result of the violation.
(c) This section does not affect the civil remedy that is available for violations of this article. Restitution paid pursuant to this article shall be set off against damages awarded in a civil action arising out of the same conduct that resulted in the restitution payment.
(d) The user of a service dog may bring a civil cause of action for violation of any of this article in a court of competent jurisdiction in the county where the service animal user resides or where the violation occurred.
(e) In any civil action brought under this article, the court may award costs and reasonable attorney fees to the prevailing party.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.