§ 40-9.1-3 - Penalty for injuring or interfering with a personal assistance animal – Civil actions – Damages – Cost and attorney's fees.
SECTION 40-9.1-3
§ 40-9.1-3 Penalty for injuring orinterfering with a personal assistance animal – Civil actions –Damages – Cost and attorney's fees. – (a) It is unlawful for any person, corporation or the agent of any corporationto:
(1) Withhold, deny, deprive or attempt to withhold, deny ordeprive any other person of any right or privilege secured by §§40-9.1-2 and 40-9.1-2.1;
(2) Intimidate, threaten, coerce, or attempt to threaten,intimidate or coerce any other person to interfere with any right or privilegesecured by §§ 40-9.1-2 and 40-9.1-2.1;
(3) Punish or attempt to punish any person for exercising orattempting to exercise any right or privilege secured by §§ 40-9.1-2and 40-9.1-2.1;
(b) It is unlawful for any person to injure a personalassistance animal and shall be liable for the injuries to the assistance animaland if necessary the replacement and compensation for the loss of the personalassistance animal.
(c) It is unlawful for the owner of a dog to allow that dogto injure a personal assistance animal because the owner failed to control orleash the dog. The owner shall also be liable for the injuries to the personalassistance dog and if necessary the replacement and compensation for the lossof the personal assistance animal.
(d) Any person who violates subsection (a)(1) is guilty of amisdemeanor. Any person who purposely or negligently violates subsection (a)(2)or (a)(3) is guilty of a misdemeanor. Violations shall be punished byimprisonment in the county jail for not more than six (6) months or by a fineof not less than one hundred dollars ($100), or by both fine and imprisonment.Any person or corporation who violates subsections (a), (b), or (c) is alsoliable to the person whose rights under §§ 40-9.1-2 and 40-9.1-2.1were violated for actual damages for any economic loss and/or punitive damages,to be recovered by a civil action in a court in and for the county in which theinfringement of civil rights occurred or in which the defendant lives.
(e) In an action brought under this section, the court shallaward costs and reasonable attorney's fees to the prevailing party.