SERVICE DOG FRAUD - GREATER ENFORCEMENT NEEDED

Does my dog comfort me? Most definitely. Does she, in a sense, guide me? I believe so. Does she serve me as not only a loyal pet, but a confidant, friend and companion? Yes. But, is Luna a service dog? No.

She’s lovingly licked my tear-stained cheek in times of grief, growled at strangers (pizza delivery guys) lurking at our door, eaten our tax forms, and filled our lives with an undeniable joy since we brought her home approximately six months ago. I inarguably feel better when she is around which is why we run together, watch TV together and play on the beach together. Yet still, a small black labrador who holds more resemblance to a child in our life than an animal, is just that, which is why we stay true to the law in acting as her owners.

"Fraudulent service dogs impact the human beings with disabilities whom these animals were specifically trained to help."

There is a difference between Luna and that yellow lab who helps a familiar young man with oversized sunglasses cross the busy street. There is a difference. And my husband and I are aware of this difference. More than that, we are conscious of who it harms when dog owners ignore the Penal Code and fake their pets as service animals while (literally) sniffing out fine cheeses at Saturday’s artisan Farmer’s Market. Fraudulent service dogs impact the human beings with disabilities whom these animals were specifically trained to help.

Such fraud is rife, especially in the Bay Area. The root of this problem, I believe, is that people do not think it’s a big deal to slap on a fake vest and call their teacup chihuahua a service dog. Somewhere between the Farmer’s Market and Nordstrom the line that divides Guide Dogs for the Blind and the pomeranian that Mr. Roberts’ new girlfriend likes to carry around in her purse got blurred.

The thing is, it is a big deal. It’s a big deal because it directly affects those people with serious disabilities who need their service dogs, as outlined by the U.S. Department of Justice, to do special tasks that their owners could not do without their assistance. The Americans with Disabilities Act allows specified animals to be in areas where other pets are not in order to accommodate often severe disabilities, i.e., amputee, blind and mentally ill individuals who need these animals’ help in order to function. 

"I have been kicked out of businesses because employees think I'm an imposter."

Peter Morgan, is one of the individuals seeking to bring about change in a culture of fake service dogs that is getting out of control.  Peter suffers from a spinal disorder that prevents him from bending over without pain.  His service dog, Echuka, is trained to pick up items Peter drops to stop him from getting hurt.  But service dog fraud is making it difficult for Peter to keep Echuka with him in places is most needs support.

"In the last few years, the questions and the looks I get have radically changed," Peter says. "Now wherever I go, I see fraudulent service dogs. I have been kicked out of businesses because employees think I'm an imposter."

Falsifying a badge for your untrained retriever not only disrupts businesses and their clientele, but adversely affects those with disabilities who actually need their service animals to live their lives, which is why California made it a criminal offense to fraudulently present a regular pet as a service dog back in 1994. Since then, other states have been following suit. Most recently, on July 1st, 2015, Florida passed a similar law, highlighting the fact that this is a national, and even international problem.  

"... punishable by imprisonment in the county jail not exceeding six months, by a fine not exceeding one thousand dollars ($1,000), or by both"

Masquerading Fido as a service dog just so you can bring him on your trip to Whole Foods has serious consequences, as outlined in the California Penal Code:

365.7. Knowing and fraudulent representation as owner or trainer of guide, signal or service dog; penalty

(a) Any person who knowingly and fraudulently represents himself or herself, through verbal or written notice, to be the owner or trainer of any canine licensed as, to be qualified as, or identified as, a guide, signal, or service dog, as defined in subdivisions (d), (e), and (f) of Section 365.5 and paragraph (6) of subdivision (b) of Section 54.1 of the Civil Code, shall be guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six months, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.

(b) As used in this section, “owner” means any person who owns a guide, signal, or service dog, or who is authorized by the owner to use the guide, signal, or service dog.

So not only is it a big deal because of who is being adversely affected; it’s a big deal because if you violate the law in these circumstances, you could do jail time.

A local non-profit has been leading the fight for better enforcement of California’s Penal Code. Canine Companions for Independence, with its national headquarters based in Santa Rosa, is an organization that betters the lives of those who actually need service dogs by attentive training of animals and an ongoing support system. By starting a petition to protect the rights of people who legitimately need service dogs, a petition aiming to stop service dog fraud, Canine Companions has begun promoting this important change in our society. 

As a dog owner, I sympathize with the notion of bringing your dog with you wherever you go. But as a law-abiding citizen and pro-active member of society, I know when to leave Luna at home with a bone (or more aptly, a bully stick). Whether we will see greater enforcement of the law remains to be seen, but there is no doubt that fake service dogs are having a negative impact on society and action is needed. I respect what true service dogs are able to do for people who cannot do it all on their own and more needs to be done to protect these dogs and their owners.  I also have no desire to do time behind bars or face a hefty fine. Do you?

Content prepared by Alicia Parry

Copyright 2015 Alicia Parry

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This message and the information presented here do not create or evidence an attorney-client relationship nor are they intended to convey legal advice or counsel.  You should not act upon this information without seeking advice from a qualified lawyer licensed in your own state or country who actually represents you. In this regard, you may contact The McGill Law Office and then representation and advice may be given if, and only if, attorney Edmond McGill agrees to do so in a written contract signed by him.

REAL ESTATE - DECK COLLAPSE

The nice set of flats in the Richmond District of San Francisco was a great investment.  Tenants were providing good income for George and Harriet’s golden years.  They bought the place at the right time, 25 years ago, on the advice of their accountant.  It was a buyers’ market – good price and interest rates were not too high.  Both flats were in excellent condition when they bought the building and renters were standing in line to sign leases.  From the very beginning, increasingly so every year since they bought the flats, the income rose and, until recently, the upkeep and maintenance had cost next to nothing.  Recently, however, after 25 years of tenant use and exposure to the elements, it was time for significant investment in maintenance and upgrades.

"Nothing was broken, just some scrapes and cuts and a bit of sprain."

Sally, the downstairs tenant wasn’t hurt too badly.  As was her custom in the late Summer, she was coming up the back steps to leave Gwen and Tommy some fresh vegetables from her garden.  The step just gave in and her foot went through right up to the ankle.  Nothing was broken, just some scrapes and cuts and a bit of a sprain. It was taken care of by a trip to Urgent Care, a tetanus shot, a cold pack and an Ace support bandage.  Sally had to hobble around for a few weeks but she was alright after that. The insurance company took care of everything and George found some local guys to make repairs to the stairway.  The workmen weren’t very qualified but, after all, it was just an outdoor landing and stairway.  George and Harriet bought the place to make money not to spend money. Those guys cost a lot less than an expensive licensed contractor.

"Mid flight Tommy's foot caught something that spun him a bit so that he hit bottom first instead of head first and that's why they took him to the hospital instead of the morgue."

Most evenings Tommy enjoyed a cold beer standing on the little landing in the back up the upstairs flat where Sally left fresh vegetables..  It didn’t matter if the fog was in and that it was cold even in the summer.  It was a half hour of decompression, a transition from work to home.  Tommy leaned back, putting just a bit of his weight on the railing.  With the dry rot and nails rusted to dust, the railing just gave way and Tommy was all of a sudden air-born, somersaulting to a bone crushing encounter with the concrete 12 feet below.  Mid-flight Tommy’s foot caught something that spun him a bit so that he hit bottom first instead of head first and that’s why they took him to the hospital instead of the morgue.  

While Tommy was awaiting surgery, Gwen called Ed McGill.  Ed immediately dispatched his trusted expert forensic property inspector who examined the landing, stairway and railing.  The forensic inspector took many high quality photographs and wrote a comprehensive report on the conditions that he observed.  Ed then wrote to the owners, George and Harriet, and informed them of what had happened.  In his letter, Ed asked George and Harriet to preserve the stairway, deck and railing  which were evidence.  This time George and Harriet did call a contractor who immediately sent a crew to the site.  They tore down the old stairway and landing and hauled everything to the dump.  George and Harriet were getting rid of the evidence.  A new stairway and landing were up in the blink of an eye.

George and Harriet knew about the dangerous condition of the stairs – one tenant had already been injured before Tommy’s twelve foot fall.  Instead of making repairs competently, they chose to save money by hiring incompetent workers.  They willfully ignored the danger to their tenants and were, therefore, exposed to punitive damages in addition to the usual damages that resulted from Tommy’s fall.  Insurance does not cover punitive damages.  In addition, after being asked to preserve important evidence, George and Harriet were eager to destroy this evidence, including the rotten railing that was the cause of Tommy’s fall. George and Harriet hurt themselves when they destroyed the evidence of their guilt.  They did not know it at the time but Ed had already had his expert make a full report complete with high quality photographs.  A jury would be told that George and Harriet’s actions in dumping the evidence showed that they knew that they were guilty and that they were trying to hide the truth.

"Quick action by Ed in immediately dispatching his forensic expert and asking George and Harriet to preserve the evidence clinched this case even before the lawsuit was filed."

A lawsuit was filed and, given the powerful evidence that Ed had gathered, George and Harriet’s attempt to hide their guilt and their exposure to punitive damages, their insurance company was made to pay almost a half million dollars, fully compensating Tommy for his injuries.

Quick action by Ed in immediately dispatching his forensic expert and asking George and Harriet to preserve the evidence clinched this case even before the lawsuit was filed.  Tough follow-through and readiness to bring Tommy’s case before a jury insured the maximum settlement from the George and Harriet’s insurer.   Good lawyering brings the best results.

[This is a fictionalized account of one of Ed’s actual cases.  To preserve required confidentiality, names, places and some incidental facts have been changes.]

Content prepared by Edmond McGill

Copyright 2015 Edmond McGill

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This message and the information presented here do not create or evidence an attorney-client relationship nor are they intended to convey legal advice or counsel.  You should not act upon this information without seeking advice from a qualified lawyer licensed in your own state or country who actually represents you. In this regard, you may contact The McGill Law Office and then representation and advice may be given if, and only if, attorney Edmond McGill agrees to do so in a written contract signed by him.

REAL ESTATE - LAND MOVEMENT

For 10 years before the city approved the developer’s plan to build three houses on the lots behind and above them, Grace and her family had lived in joyous isolation in their wonderful home overlooking the San Francisco Bay.  “Well, that’s a lot better than building a big house on the downhill in front of us. Our million-dollar view of the San Francisco Bay would never be the same if we had to stare over an ugly roof.  Anyway, it will be nice to have neighbors – “build away”, Grace said, accepting the inevitable.

"At first you could hardly notice the cracks in the patio concrete..."

Grace and her family tolerated the noise and disruption and the three houses were finished in no time at all.  The houses sold immediately.  Grace and her family welcomed their new neighbors and, their broad vistas undisturbed, really felt no change at all in the enjoyment of their home other than that they could share the spectacular setting with their new friends.

At first you could hardly notice the cracks in the patio concrete – just thin white lines like varicose veins running through the flat pink slab.  Grace wasn’t sure that the bathroom door hadn’t been sticking a bit for a long time. But she knew that she had never had a problem opening the sliding glass door from the master bedroom to the little garden patio where she enjoyed taking a first cup of coffee in the morning.  No, that door always worked fine, she thought.  It glided open – just a touch and a light push.  That’s all it took every morning for 10 years.

"But Penny said there was no insurance for acts of nature."

The structural engineer found the cracks in the foundations.  The cracks were new, he could tell, and there were no old cracks. Grace’s house had recently started to move – glacially, but ever forward.  “Well, yes, we can anchor the house in bedrock and impede the movement and we can make that glass door slide easily again - for a time.  But … .”

This was getting expensive so Grace called Penny Premium, her ever up beat insurance agent.  But Penny said that there is no insurance for acts of nature.  Grace’s homeowner’s insurance could offer no help at all with the ten thousand dollars estimated for further studies and the who knows how much for engineering solutions to stabilize the house.  As a real estate agent, Grace knew that there was nearly a total loss of market value for the house since almost no one would buy a house that was moving down the hill.  “No insurance for that either”, advised Penny Premium.

Grace’s case is a fictionalization of actual cases done by Ed McGill. Uphill building can change the courses of subterranean and surface waters.  Moving water moves other things, like Grace’s house.  When the new houses were built, the developer and the city changed the courses of subterranean and surface waters flowing down onto Grace’s property.  Instead of directing waters safely around Grace’s house, they misdirected and concentrated waters on and under the surface right into Grace’s house’s foundations.

"You can win a case such as this and protect your home and family with solid legal counsel."

The city changed watercourses when it built surface water drainage for the road to the new houses and was liable to Grace under the theory of inverse condemnation.  Besides compensation, the city was responsible for paying Grace’s attorney’s fees.  Of course, the developer and the uphill owners were liable too.  Their insurers had to pay Grace compensation as well.  In situations like Grace’s, they must reroute the watercourses so that the damages cease. Finally, Grace’s insurer was liable to her for its “bad faith” denial of her claim.

The law will punish insurers that abandon their insureds.  The insurance company can be made to pay compensation, attorney’s fees, emotional distress damages and punitive damages.  When the contributions of all those liable were calculated, in a similar case, Ed obtained compensation for his client in an amount, after his fees were paid, that exceeded the actual market value of the house and the owner kept the house with the land movement stabilized.  In the end, there was far more than enough money in damages for all of the repairs and changes with plenty of money in addition for all of the trouble. You can win a case such as this and protect your home and family with solid legal counsel.

Content prepared by Edmond McGill

Copyright 2015 Edmond McGill

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This message and the information presented here do not create or evidence an attorney-client relationship nor are they intended to convey legal advice or counsel.  You should not act upon this information without seeking advice from a qualified lawyer licensed in your own state or country who actually represents you. In this regard, you may contact The McGill Law Office and then representation and advice may be given if, and only if, attorney Edmond McGill agrees to do so in a written contract signed by him.