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UPS Delivery Man Got Bit By My Dog Animal Injury, Dog Bite

Discussion in 'Accidents, Injuries, Negligence' started by RustyShakleford, Aug 18, 2010.

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  1. RustyShakleford

    RustyShakleford Law Topic Starter New Member

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    About a month ago a UPS driver was bitten by my dog. The bite was not bad and I offered to pay for his medical expenses if he chose to go to the hospital. It did not require stitches...barely broke the skin. I put my dog down as a precautionary measure since I have 3 small children. I called the UPS supervisor immediately after it happened and asked why the UPS driver delivered the package when my dogs were present.

    My property has a underground fence that prevents the dogs from going past a certain point. I have a sign by my driveway stating my dogs are protected by and underground fence. The UPS driver saw the dogs and proceeded to back up the truck into my driveway. Before he even got out he said one of the dogs was showing his teeth...and yet he got out. He said he used my package to "push" the dogs away. One of my dogs bit him.

    UPS has a very strict policy about dogs. If they are present they are supposed to honk the horn. If the dogs do not leave they are NOT supposed to deliver the package. He didn't follow protocol and got bit. He has a reputation where I live about ignoring dog protocol. He has been bit several times and yet continues to deliver packages when dogs are present.

    I received a letter this week from the worker's compensation company that represents UPS asking me to pay for his lost wages. Apparently, the UPS driver thought it was bad enough to file a workman's comp claim for a day of lost wages. I know...I should just pay up since it's only a day of lost wages but I'm furious. The UPS driver blatantly ignored protocol and as a result I put my dog down. I know dog bite laws heavily favor the person that got bit but do I really have to pay for his lost wages? Do I have any rights as a property owner?
     
  2. army judge

    army judge Super Moderator

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    Yes, every property owner has rights. Every dog owner has responsibilities.
    You're talking apples and potatoes here.
    One has nothing to do with the other.

    Your dog bit someone.
    This isn't about UPS policy.
    It's about state law and city ordinances.
    Your dog bit the guy.
    Heck, he could have been a trespassed.
    You still owe him a duty of care.
    The trespassed could sue you and win.
    The UPS guy could sue you and win.
    But, he isn't suing you.
    The insurance company wants you to make them whole.
    They guy isn't suing you, even though he could.
    If I were you, pay up or turn this over to your home owner's insurance.
    If the insurance company isn't made whole, what do you think they'll do?
    They're gonna sue someone.
    Guess who?
    It ain't gonna be the UPS guy!
     

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