A Doctor's Liability with ESA's

[Kierstin Baker]

Does a doctor who signs a letter for an emotional support animal have any legal or financial responsibility for damages caused to a property? If they can be sued for prescribing the wrong medication, and an ESA is a prescription, then I feel that they should be legally responsible if the tenant is not capable of caring for the animal and the property in tandem. Why should they be able to write a prescription with no worry of the consequences? I'm speaking specifically of doctors that sign for an animal after treating theirpatient once. (Can you tell this is happening to me right now?) Would it be legal to have a document given to the doctor, by the tenant, that says they are willing to be legally responsible for their decision of signing for the comfort animal?

[Rick S.]

@Kierstin Baker I remember a different thread on this topic for service animals at https://www.biggerpockets.com/forums/52/topics/368... and here is what @Brian Simmons wrote so not sure if this would apply to your situation:

I have had to deal with this on two separate occasions.. Here is what we did. First off, many tenants will try to get a note online or through a paper mill type company. It is my understanding (via lawyers) that the note has to come through an individual with reasonable and professional responsibility for the mental or physical care of the individual.. That doesn't mean it has to be a doctor, but it does have to be someone who can be verified by the landlord and has some sort of professional standing. (Aka an actual person)

So back to what we did that worked exceedingly well on both occasions. (Once a physician, once a counselor)

Our lawyer sent the care giver a certified letter and a call informing them that any liability from a lawsuit resulting in an injury from a vicious breed animal they approved as a service animal would mean we in turn would be including them as liable on the given suit, and to please forward us a copy of their liability limits..

In both instances letters were immediately withdrawn.. In one instance we got a certified letter back stating we should reject the previous pet approval IMMEDIATELY..