Property Manager · Idaho Falls, ID · Member since 2016 · 3 posts · 1 vote
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?
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In both instances letters were immediately withdrawn..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..
Investor · Vacaville, CA · Member since 2016 · 433 posts · 249 votes
9y
I am just going to take a stab in the dark here and say no they do not have any liability. Legally speaking there has to be a duty and I don't think the doctor has a duty to every single person in society who the dog might come in contact with. As to your question if a doctor could sign a note... really? You think a doctor would sign that note? I would say you are reaching just a tad here. Good luck with all that though.
Property Manager · Saint Petersburg, FL · Member since 2016 · 183 posts · 51 votes
9y
Discussion @ local REIA mtg recently on this topic, many agreed to keep deposit/monthly fee for ESA very high in order to recoup for damages incurred by this 'pet' vs true service animal who is trained for service.
Property Manager · Idaho Falls, ID · Member since 2016 · 3 posts · 1 vote
9y
Even with the possibility of being sued? The lawsuits I've read have awarded the tenant between $25,000-$105,000 when the property charged a pet deposit fee because these animals are "prescriptions" and not pets. That's why I'm wondering if doctors can be held responsible so they have to really know their patient, and not just sign for one without really knowing. And that's the point John. If the Doctor doesn't sign, then how would the tenant be able to have the animal if it's hinged off of the doctor backing up his/her diagnosis?
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..
Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
9y
@Rick S. That is very interesting. Were the animals aggressive breeds? Do you do this in all service animal requests?
This is different in some ways then liability for medications in the sense that the liability of concern is typically harm to others by the service dog. Medications the harm is to the patient.
It is more like the liability associated with failure to report a homicidal patient. Not sure what the legal system has done/would do with it. The prescription isn't for a specific animal .Although if it said the support animal was a specific one I think you might have a case.
Fort Collins, CO · Member since 2014 · 397 posts · 161 votes
9y
Hi @Colleen F. that isn't our process as I was just posting the process @Brian Simmons posted in that thread. I am not able to tag him for some reason though.
Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
9y
I would call adult protection / social services and say your concerned about the persons well being and the inability of him to care for himself and a animal.. you feel an assessment needs to be made on behalf of the person. Or animal control and say the same.. they can remove the animal if not being cared for properly..