This world has gone to the dogs. If you’re anything like me, then you couldn’t be happier. Everyone with half a heart lights up at the sight of a furry four-legged companion. How many of you bring your dog to the gym or have members that bring their dog to your gym? Before you open your bay doors to Fido, know what legal liabilities you may face and how you can prevent them. (Disclaimer: This article is not meant to be legal advice. Laws are different in every state so please consult with a licensed attorney in your state to ensure you are receiving accurate legal information specific to your circumstances.)

Types of Injuries

If you allow dogs on the property, whether it’s yours or your clients/guests, then you may get slapped with a suit if that dog does anything to anyone else. Doing something doesn’t just mean biting someone. Naturally that’s the first thing that comes to mind, but there are other issues that may arise.

• Property Damage: A dog tears up someone’s $200 lifting shoes or belt, urinates and ruins some electronics that easily can run into the four-figure range this day and age, or attacks another animal.
• Infliction of Injury: The dog bites, nips, or scratches another person or animal (if you’re in IL or AK).
• Emotional Distress: The dog’s actions cause fear for a possible assault charge against the owner, potential PTSD from the incident.
• Criminal Charges
• Civil Lawsuits

 
Types of Liability
 
Negligence
Unless you’re in Alaska or Illinois, dogs are considered property. I know, I know. That may hurt you to hear that. I treat my dog like she is a person so much so that she is a member of my law practice. No, seriously. Tubbs is a service dog and has earned the title of Canine Concierge at the office. She’s on my logo, in my promotional materials, and has her own fan club on Facebook.
 
But she’s still considered my property. In a nutshell that means I should have control over her at all times and I should not be negligent in my control of her. Negligence means I don’t do anything, or fail to do something, a reasonable prudent dog owner would do. If my dog is aggressive around others, then I would be negligent in bringing her to a gym full of people. If you know someone’s dog doesn’t play well with others (including animals) as a gym owner, but you let the dog on the property, then you can be found negligent in controlling the environment.
 
Premises Liability

Regardless of whether you’re a gym owner, meet director, or just training folks out of your garage, you’ve got a legal duty to folks that step onto your property. Under a legal doctrine known as “premises liability,” you could be held responsible for any disturbance or attack to another person that happens there. You must inspect, examine and ensure the property is in a reasonable condition to provide the intended use you’ve proposed. There are caveats to that liability but for the most part, assume you’re the guy on the hook for what occurs on your proverbial watch on your premises. Think about it this way: if anything happens, where do folks look? To the guy or girl with the biggest pockets---and that’s likely going to be you as the owner.

As the owner or lease holder, you control the property and its contents (unless you are otherwise explicitly released from premises upkeep in the lease agreement). That means you owe a duty to those who step on that property. Duty is defined as an obligation in most court systems. People you owe a duty to include guests, invitees, vendors, delivery men. Typically this includes dang near everyone: people coming to work out, clients, those watching your meet, vendors, suppliers, Susan from next door. If you are open for business to the public, then almost everyone is invited into your building. That’s a heck of a lot of people.
People you don’t owe a duty to: trespassers…..kind of. A trespasser is someone who unlawfully enters your property. This could be someone breaking into the facility, someone who is explicitly banned from the premises (if so, get that in writing!), or someone who was once invited but you explicitly told them to the leave the premises and they stay anyway. If you know a group of folks are jumping the fence and using your outdoor platforms or rigs, then even though they are trespassing, they are considered “known trespassers”. That means you’re aware that they are there and, in that case, you are liable to keep the equipment and animals from causing harm in some states. Did your jaw hit the floor? I’m just the messenger.

Strict Liability

Strict liability laws enforce civil responsibility to dog owners for damage done to another person or property. 36 states and D.C. have these on their books. Florida has a strict liability law but if the dog owner has an easily readable sign containing the words “Beware of Dog” placed in a spot where it can readily be seen, then the owner may be free from liability…unless the victim is under six years old and unable to read the sign. That exception goes away if the dog’s actions are a result of the owner’s negligence.

Dangerous dog laws may require that an owner keep the dog on a leash and purchase liability insurance, or they may even order the destruction of the offending dog. Some states, like Louisiana, have a one bite rule. If your dog bites someone once, then they are considered aggressive. You have to be aware of their aggression which can take the form of growling, snarling, or hackling—not just biting.
 
Defenses

Most states allow for evidence to be presented by the owner to show that the victim antagonized or provoked the animal, was committing a crime on your property, signed a hold harmless waiver, that someone else controlled the dog or that the dog was not allowed on the property, or that the victim failed to read appropriate signs on the premises. This may lower the amount of liability you have to that person or absolve you of any liability. It depends on the circumstances in each situation and what the laws of your state are. Also there is a statute of limitations or requisite time frame, for a person to bring a suit against you. That varies state by state but is typically anywhere between one to three years; if the person does not bring a suit within that time frame then that case could be dismissed if brought after then.         

Limiting Your Liability

There are a few ways to limit your liability as it concerns dogs in training but again, consult with a licensed attorney in your state to ensure you have the ability to do these things in your jurisdiction.

• Don’t Allow Dogs. Honestly, this is the best way to protect yourself. Don’t have Fido and Fifi at the gym or at your event. (You MUST allow service dogs regardless of your personal preference. Failure to do so could slap you with an American with Disabilities Act lawsuit. Service dogs must be house broken & cannot display aggression. If it’s a true service dog, then you don’t have to worry about liability in theory.)
• Post Clear Signs. Have a sign that reads DOG ON PROPERTY or NO ANIMALS ALLOWED (except service animals) at the entrances of your facility. Big print, easy to read. This puts people on notice dogs aren’t allowed and if they bring them on the facility, they do so at their own risk and will be considered trespassers. You can also post they are not allowed at events or the facility on your website, social media pages, and meet registrations.
• Hold Harmless Agreements. Have a hold harmless clause in your contracts that waives the participants’ ability to hold you liable for injuries at the facility, including anything concerning an animal. Make sure a live attorney in your state drafts this and you don’t grab it off the internet. Every state is different with regardless to how they interpret these agreements; some don’t even allow them in court.
• If You Allow Dogs, Get It in Writing. If you are allowing gym members or guests to bring their dogs to the gym, have them sign a separate agreement that denotes they are responsible for their animal, the animal is not aggressive, is up to date with its vaccinations, and that they will hold you harmless should anything happen with their animal. Note that if the dog exhibits any behavior that interrupts training, guests, or shows aggression then you can ask that the dog not return at your discretion. At that point the individual could be a trespasser if they come back with the dog.
• If You Allow Dogs, Post A Sign. Post a sign that says dogs are allowed but must be controlled by owners. Think about those lifeguard pool signs at hotels- SWIM AT YOUR OWN RISK. Note if you allow this you open yourself up to more liability in the long run if you know people will bring dogs and you invite them to do so. It’s a catch-22 in a way.
• Buy Insurance. General liability, premises liability, business insurance, excess liability coverage, and pet insurance. Homeowner’s insurance typically will cover a dog bite case. Get ‘em all. Talk to your insurance agent. Better to spend two grand a year for protection you may not need then have to spend thousands and thousands of dollars defending a lawsuit. Insurance companies provide you an attorney…at no extra cost.
• Train Your Dog. Make sure your dog, or those on the property, are trained. They can should be able to sit and heel on command.

Bottom line

Having your dog at the gym is fun but defending a lawsuit that could have been prevented is anything but. Protect yourself and your business first and foremost. Limit your exposure as much as you can and be aware of what dangers lurk out there.

This article is not meant to substitute legal advice. No attorney client relationship is formed by this article.