Compensation For Dog Bites of Delivery Drivers
A dog owner may be liable for dog bite or attack on a delivery driver in PA. Pittsburgh ranks in the top 20 cities in the United States for dog bites on post office mail carriers. Plus, the home delivery business is booming for Amazon, FedEx, and the United Parcel Service (UPS) (click here). The same goes for food deliveries via Uber Eats, or Grub Hub.
Injuries caused by canines and other animals are a work hazard for delivery drivers. This past year, an Amazon driver was mauled to death by a dog in Missouri. Plus, two dogs attacked a FedEx driver, causing the need for an arm amputation. Also, five dogs attacked and killed a mail carrier.
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Dog Owner Liability in PA For Attacks on Delivery Drivers
In Pennsylvania, dog owners are liable for attacks on delivery drivers; PA has a modified version of strict liability. Strict liability exists for both the failure to control a dog (even on one’s own property) and for serious, life threatening injuries. Otherwise, the injured party must prove the dog’s was vicious or had a dangerous propensity (click here). Such evidence exits when the dog has previously:
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- Growled at visitors or pedestrians walking by,
- Acted aggressively toward other dogs or animals,
- Even jumped up excessively or tried to scale a fence to escape,
- Attempted to attack other people, or
- Did actually attack in the past.
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In addition to the dog owner, the landlord may also be liable for a harm caused by a dog on (or having escaped from) the landlord’s property. Here, however, the injured delivery person must show (1) prior knowledge by the landlord of the dog’s dangerous propensity, and (2) a nexus between the condition of the property and the attack. A nexus exists where a landlord’s fence or door latch were not maintained property by the landlord.
Compensation For Various Items of Damages
The injured delivery worker can claim a wide array of damages related to the canine attack. These include compensation for pain and suffering, a scar, disfigurement, emotional distress, and lost wages even if covered by workers’ compensation, discussed below. If the driver was attacked in the scope of his employment, his workers’ comp will pay 2/3 of his average weekly wage and pay his medical bills.
Workers’ Compensation Limitations
Regarding worker’ comp coverage, your dog bite lawyer can negotiate for you a number of disability “weeks” for your injuries, even if you were not off-work for that time. Your can get a lump sum for disfigurement. Only “above-the-neck” disfigurement qualifies, however, for a workers’ compensation “disfigurement.”
Importantly, the above limitations pertain to workers’ comp only, and do not apply to your claims against the dog owner, or his landlord for lost wages.
Does The Delivery Person Get a Double Recovery?
No. Your dog bite injury attorney will claim on the dog owner a recovery for all of of your damages from the attack, including lost wages and medical care payments advanced by workers’ comp.
Then, upon receiving a settlement or award from the responsible parties, your dog bite attorney will pay back the workers’ compensation carrier for any amounts paid relative to workers’ comp.
With me so far?
This is called subrogation, a fancy word. All this means is, the workers’ comp carrier has the right to stand in the shoes of the injured party, and file on his behalf suit against parties responsible for the costs. The dog owner, however, cannot be sued twice for the same thing. Hence, your Pittsburgh dog bite lawyer will bring all claims together, then pay back workers’ comp for the portion it paid. The same goes for treatment paid for by Medicare, the state, or private insurance.
Payment of Medical Bills
The dog owner (or landlord) might have “no fault” coverage for injuries that occur on the property. This coverage is great, because it need not be paid back out of any settlement, unlike medical benefits paid by workers’ comp, medicare, CHIP, or private insurance.
Dog Owner’s Perspective & Defenses
The dog owner has certain defenses. Our Pittsburgh Dog Bite Attorneys hear some combination of the following from dog owners:
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- The driver assumed the risk by ignoring a “beware of dog” sign, or,
- The owner took reasonable steps to contain the dog, or,
- The Delivery Person is a Trespasser, or,
- The driver antagonized the dog.
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Let’s look at each of these defenses, individually.
The Effect of “Beware of Dog” Sign
A “beware of dog” sign is not a good defense in Pennsylvania. If anything, it proves awareness the Defendant’s awareness of his animal’s vicious propensities. Posting signage also admits the ability to control the property. Plus, there is no “assumption of risk” when it comes to vicious dogs, which are unrestrained and unprovoked.
The Dog Owner Took Reasonable Steps To Prevent an Attack
Owners often say, it’s not my fault because:
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- I had the dog behind a fence, but it climbed it, or,
- I crated my dog, or,
- I had it behind a door but the dog got loose, or,
- I’m not liable for a faulty latch, leash, or chain am I? or
- My dog is highly trained; this should not have happened.
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In all these instances, it is for a jury to determine whether the dog owner’s efforts were “reasonable” to restrain the dog. Accidents happen, sure. However, the dog owner is responsible to take steps to prevent foreseeable accidents.
The Delivery Person is a “Trespasser”
Maybe the owner never ordered the delivery at issue. Isn’t the delivery person (Amazon driver, FedEx driver, postal worker, or Uber Eats driver) a trespasser at that point? First, Pennsylvania recognizes the concept of “implied invitation” when it comes to delivery drivers. See Rogers v. Thomas, 2021 P.A. Super 93 (Pa. Super. Ct. 2021). A jury can look at all the facts to determine the circumstance of how the delivery person arrived on the property.
Secondly, even trespassers have rights, especially if the owner was reckless or knew of a dangerous condition of the property. The dog owner always owes a duty to to the public keep his dog under reasonable control to prevent foreseeable damage to the who come upon the property accidentally.
Provocation Of the Dog
It is a very good defense to a dog bite claim in Pennsylvania to assert that the dog was provoked or antagonized into attacking. Provocation is a defense to both negligence and strict liability claims. So for example, if the delivery driver taunts a dog behind a door or fence — as seen on a video door bell –– and the dog escapes, his dog bite injury claim may less (or zero) value.
The Best “Defense”
Our Pittsburgh dog bite lawyers will tell you from 24+ years of experience: the best “defense” to a dog bite claim is to have home owner or renter’s liability insurance. Period. It covers all breeds and doesn’t cost much. It can cover claims for attacks both on and off the property — such as attacks in the park, street, or on a sidewalk. Dog owners: opting against dog bite liability insurance places your personal assets at risk.
Some animal owners are reluctant to get insurance or turn in claims to their liability insurance carrier, for fear or a rate hike or being dropped from coverage. However, the rate hike will be nowhere near the value of a significant dog bite injury claim. Many are six figure cases. Plus, even if your liability carrier drops you, there are plenty of other insurance carriers out there who will want your business, even if you have had a claim or two.
Conclusion
Pennsylvania ranks fourth in the nation for dog bites on post office mail carriers. However, Pennsylvania Dog Bite Law provides for compensation. Call for a free consultation from our dog bite lawyer handling dog bite cases.
Free Dog Bite Consultation
Each Pittsburgh lawyer in our firm offers a free consultation about dog bite law in Pennsylvania. We explore claims on behalf of all kinds of delivery personnel: postal drivers or mail carriers, (United States Postal Service – USPS mailman), Amazon workers, UPS drivers, Uber Eats delivery, and more. Call us or use our easy contact form to reach out Dog bite attorneys for a no-obligation discussion of your rights as a delivery driver.
New Number! 412.400.5476
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