Photo from Unsplash

Originally Posted On: https://usclaims.com/educational-resources/dog-bites-and-delivery-workers/

Unleashed Dangers: Dog Bites and Delivery Workers

It’s a dog-eat-dog world out there. Or at least a dog-bite-delivery-driver world. When delivery workers gear up for their rounds, they’re bracing for more than traffic snarls and rough weather. They must also navigate the thousands of invisible territories household pets have staked out along their delivery route.

According to recent survey data collected by USClaims, the numbers are startling: nearly every single delivery driver reported having been attacked by a pet at some point in their career. And these aren’t just nips and playful tugs. The stats paint a rather grim picture of the four-legged foes they face daily.

Let’s break down the survey results. Of the 1,000 delivery drivers surveyed, an overwhelming 94% reported being bitten by dogs. Dog bite stats aside, cats, which are often seen as the less aggressive pet despite being natural born killers in the yard, accounted for over 5% of attacks, while the “other” category, which technically includes ferrets, parrots, and maybe an overzealous turtle, compromised just 1% of all bites.

So, what about the severity of these injuries? That’s a mixed bag, with 23% of incidents resulting in minor scratches, 47% cases resulting in broken skin, and a staggering 27% of injuries requiring medical attention. This could mean doctor visits, antibiotics, and sometimes even stitches that leave a gnarly scar.

Real-life examples underscore the potential severity of these encounters. Take the case of a DoorDash driver who recently spoke out about a severe injury sustained from a dog attack in Fountain, Colorado.[1] While her story is not unique, it is a chilling reminder of the risks delivery workers face daily. And with the average cost of a dog bite claim a staggering $50,425,[2] this issue warrants awareness and action from all parties involved.

Can a Furry Friend Cost You a Fortune? Pet Owner Liabilities Exposed.

So, what’s a pet owner to do when Fido turns fierce? The legal landscape surrounding pet bites is as complex as it is critical for pet owners to understand. Pet owners can find themselves facing significant liabilities if their beloved furball decides to play attack dog with the mail carrier. From a legal standpoint, pet owners might be on the hook under various principles such as strict liability laws, negligence, and the infamous “one bite” rule.[3]

Strict liability laws mean that if your dog bites someone, you’re automatically responsible, regardless of the dog’s previous behavior. In states with such laws, it doesn’t matter if your dog was a perfect angel before; if he bites a delivery worker, you’re probably paying up. If negligence was a factor in the incident, that adds a wrinkle to the situation that most likely doesn’t work in your favor. The negligence factor considers whether the pet owner failed to take reasonable steps to prevent the bite. If you knew your dog was aggressive and didn’t restrain him, that’s negligence.[3][4]

The “one bite” rule gives you some wiggle room here. This rule recognizes that animals can sometimes act unpredictably, and that owners might not have any special reason to suspect their pet is dangerous before they suddenly bite someone. This rule has its limits, since it doesn’t overcome other acts of negligence, and it’s kind of a one-and-done deal. If your pet has any history at all of aggressive behavior, you can’t count on the one bite rule to protect you.[3][4][5]

The potential damages pet owners may have to pay usually include medical expenses, lost wages, and even compensation for pain and suffering. This isn’t chump change, and the financial burden can be substantial. Take, for instance, a case where a delivery driver sues for a dog bite. The lawsuit could cover hospital bills, therapy sessions for trauma, and compensation for missed workdays. In more severe cases, the settlement amounts can skyrocket, as indicated by our survey data: settlements exceeding $50K were reported in at least 3% of instances.

In many cases, this cost is borne by the pet owners’ insurance, and both homeowners’ and renters’ insurance policies frequently pay out for animal attacks.[6] While this can save the day for an individual homeowner who would struggle to fit a sudden $50,000 expense into their budget, the higher insurance premiums going forward come with a cost of their own.

For delivery workers (who are usually the plaintiffs in these cases), the path to justice can be long and tangled. The laws governing these suits vary by state, but they generally come with a limited window for filing a case. Let that window close, and you may lose your chance to sue permanently.[7] Certain events, such as the pet owner leaving the state or the victim being a minor at the time of the incident, can extend the filing deadlines, but these are pretty rare exceptions and you should definitely consult with an attorney as soon as you reasonably can to navigate the tricky legal waters.[7]

Delivery Worker Rights and Legal Recourse

It is important that delivery workers bitten by pets have clear rights and avenues for potential legal recourse.[8] If you’re a delivery worker and a pet bites you, your first priority is to move to a safe area and seek medical attention as soon as you can. Even if your injuries seem minor, it’s still a good idea to get a medical professional to look them over and document how bad the attack was as close to the time of the incident as possible. A medical opinion is also important because any animal bite, even from a dog, is susceptible to infection.

Your next step is to notify your employer about the incident. Most employers insist on this, partly to get coverage to help finish your deliveries, but more importantly it’s to start the recovery process on their end. If you’re injured on the job, you may be entitled to workers’ compensation, which may be partly paid out of your employer’s insurance policy. Your employer will probably want to file paperwork and gather evidence as early as possible, which may include taking photographs of the scene, interviewing witnesses, and contacting your state’s worker’s compensation agency.[8]

According to our survey, 80% of drivers who had been bitten reported the incident to their employer. Common actions taken by employers included providing medical attention, filing reports with authorities, and contacting the pet owner for compensation or vaccination records. Some survey respondents also reported receiving paid time off or medical leave, covered medical expenses, or saw new safety measures implemented as a result.

Understanding state-specific dog bite laws requires consulting with licensed local attorneys who know the law in your state. While some states adhere to strict liability laws, others may follow the “one bite” rule or negligence standards.[9] These details matter a lot, and only a professional who’s knowledgeable in this area of law can give you legal advice about the facts of your case.

Regardless of the legal framework you’re working within, the emotional impact of dog bites on delivery workers cannot be overstated. Incidents like these can lead to anxiety, fear of doing future deliveries, and psychological trauma that can potentially last a lifetime. Seeking mental health support and discussing concerns with employers can help mitigate these effects. If you do seek mental health care, make sure you keep documentation of your care, since it can be helpful in any future lawsuits.

Pet Owner Liability and Defenses

On the flip side, pet owners have potential liabilities but also legal defenses in pet bite cases. Defenses might include arguing that the delivery worker was trespassing, provoked the pet, or assumed the risk of a pet encounter by entering the property in the first place.[10] However, these defenses are not foolproof and depend heavily on the circumstances of the incident.

Survey data reveals mixed opinions on whether pet owners should be held legally responsible for delivery worker injuries caused by their pets. While 67% of respondents believed in holding owners accountable, over 30% felt it depended on the situation. These results present a mix of opinions, which is to be expected, but one that slants heavily in the direction of liability for the pet owners. These respondents, and the people in the population who broadly agree with them, are potential jurors in your dog bite civil suit, so it’s worth keeping in mind where they’re most likely to lay the blame for a bite.

Case Studies: Lessons Learned from Real-World Pet Attacks

Real-world case studies can provide valuable insights into dog bite injury lawsuits. For instance, the DoorDash driver we mentioned above highlights the importance of taking basic precautions to prevent domestic animal attacks. These can be as simple as owner awareness and easy preventive measures like fencing or dog training.[1]

Our survey results show that settlement amounts for pet bite claims vary widely. While 63% of respondents’ claims settled for less than $5,000, 8% of respondents who pursued legal action received over $25,000. The variation in these figures shows the high degree of variability involved with heavily fact-dependent cases such as these.

Now that we’ve explored the complexities of dog bite laws and liabilities, let’s test your understanding. Take this quick quiz to see how well you’ve grasped these important concepts.

Staying Safe: 6 Essential Tips for Delivery Drivers Around Pets

Getting bitten by somebody’s beloved pet is no fun, even if the dog is really cute and his name is Bandit. To reduce the risk of hostile/adorable/terrifying pet encounters, delivery personnel should follow these best practices:

1. Be Aware of Your Surroundings: Look for signs indicating pets on the premises. This is usually the old “Beware of Dog” sign, but keep your eyes open for other indications there could be an animal on the property. Look for feeding dishes, a leash strapped to the tree in the yard, gnawed bones in the dirt, etc. Take any signs of a pet on the property seriously, and assume that the “Doggy Mommy” bumper sticker on the Prius in the driveway means that Cujo is in the yard waiting for you.
2. Never Enter an Enclosed Space with a Pet: People are usually nice to delivery workers, and most pet owners know that their pets should be restrained or kept indoors while intrusive strangers are around. Unfortunately, “most” is not the same as “all,” and even a really smart pet doesn’t know the difference between a delivery company’s uniform and a burglar’s costume. Loose pets will always be a hazard, and the only safe place to be is on the other side of a barrier like the fence. If a homeowner doesn’t restrain their pet, leave the package at a safe location or contact the sender.
3. Carry Deterrents (if company policy allows): Some delivery companies permit self-defense tools like pepper spray for extreme situations. Be really careful about this. Laws relating to self-defense against animal attacks vary by state, and sometimes even within a state, so you need to know the legal landscape before you reach for that holster.[11] Thankfully, no jurisdiction requires innocent workers to just hold still and be mauled, but the devil is in the details. Consult with a local attorney about the laws in your area before you hit the pavement with pepper spray or other defensive tools.
4. Know Your Company’s Policies: Different employers have different policies, and you have to know your own company’s rules about risk exposure before you head out of the garage. Talk with your management team specifically about this issue and take any training your employer offers to make sure you understand your employer’s pet encounter protocols. It’s also a good idea to report any inadequate training and ask for improvements, since in the end you’re the one who’s walking past the gate with an angry rottweiler lunging at you from the other side.
5. Avoid Sudden Movements: Assuming you’re on the property and a friendly looking golden retriever comes around the corner wearing a red bandana and wagging his tail, you still should be careful. Even friendly animals can react aggressively when startled, so keep your movements smooth and deliberate. Use your judgment about the risk, and if at all possible, have the pet owner right there in a position to get the animal under control quickly.
6. Proceed with Caution: It will often happen that you enter a space that seems to be free from dogs, cats, aggressive parakeets, and the like, only to be surprised when the family’s beloved pit bull erupts through the side door and starts in on you. This can happen in seconds, so you should always approach with caution and be prepared to retreat if necessary. Although you might not want to run, exactly, since most dogs have a chase instinct that’s a little hard for them to resist.[12]

Our survey data showed that while 65% of delivery drivers feel adequately trained on handling pet encounters, 35% do not. Clear guidelines and proper training can significantly improve safety and confidence.

Coping with the Emotional Impact.

Dealing with the emotional aftermath of a dog bite incident can be difficult. Delivery workers should seek mental health support if needed and employ strategies to manage anxiety during future deliveries. Resources such as counseling services and support groups can help workers cope with trauma from animal attacks.

Training and Awareness. It’s Not Just for Fido.

Proper training and awareness are important for both delivery workers and pet owners. Delivery companies should improve training programs on pet bite prevention and response, if for no other reason than to help their workers recognize and avoid potential pet bite situations.

Protective Equipment and Safety Gear

The proper use of protective equipment can help minimize the risk of pet bite injuries.[13]Options in this area include bite-resistant gloves, arm guards, and deterrent sprays.[13] Be aware, however, that the availability and effectiveness of such gear vary by a huge margin, as does the individual’s skill at using them against an animal attack. Ideally, your employer should provide appropriate personal protective equipment (PPE) to their workers.[13]

Survey results show that 43% of employers provide PPE specifically designed to prevent pet bite injuries, while 46% do not, highlighting a significant gap in worker safety measures.

Protocols and Best Practices

Delivery workers should follow specific protocols when encountering pets or entering premises with pets.[14] This includes announcing their presence, checking for signage, and requesting the pet be secured. Following these steps is probably the single most effective thing you can do to help prevent pet bite incidents and ensure worker safety.

Biting Back Against Risks: Guidelines for Pet Owners

Responsible pet ownership is possibly the biggest factor in preventing pet bite incidents.[15] Pet owners should ensure their pets are properly trained, socialized, and controlled, especially when unfamiliar people might be near their property. Here are some easy tips to reduce the risk your pet will be involved in an unfortunate incident:

• Know your pet and your pet’s moods: Animals have personalities and temperaments, just like people. Don’t kid yourself about how your dog really feels and behaves, since it’s depressingly common to see a perhaps overly charitable pet owner barely restraining a thrashing dog and swearing that “he’s really friendly.”
• Pay for professional training: There’s really no substitute for anti-aggression training in an animal, especially a dog. Again, just like people, dogs have to be taught how to act around strangers, and even a short stint in training can teach a dog that not every visitor to the house is a monster they have to chase away from their territory.
• Restrain your animal: Sometimes, honestly most of the time, the best bet is to just have the animal inside the house. Even if you have the sweetest corgi in creation, or the most darling little dachshund ever seen, a dog indoors is by definition not outside biting the mailman, which is the place your lawyer wants you to be.

Training and Socialization

Training and socialization are crucial in reducing aggressive behavior in pets, whether that aggression is towards other animals or delivery workers. Training itself can help when it comes to obedience and can make your pet easier to manage in different situations, but socialization can make them more comfortable in the face of different stimuli.

When it comes to training, classic techniques like rewarding good behavior with treats and praise are preferable. For socialization, you should gradually introduce your pet to new people and situations. The best way to do that is by regularly taking your pet outside (on a leash, of course) and inviting friends or neighbors to interact with them.[16]

It all comes down to reducing the risk of aggressive behavior towards delivery drivers (and everybody else).

Securing Pets During Deliveries

Let’s say you’re expecting a delivery and you really want to play it safe. Maybe your dog is obedient and not known to be aggressive. But what if the sight of a stranger approaching your door sets it off?

You can potentially avoid issues by securing your pet and making sure it can’t approach or interact with a delivery worker. For example, you could temporarily put it in a crate or pet carrier while the delivery is made. Don’t have a carrier big enough for your Great Dane? Consider a pet gate to block access to the front door.[17]

If you don’t have access to a carrier or gate, you could lead it to a separate room and close the door. As long as the room is comfortable and your pet has access to water, toys, and maybe a bed to relax, confining it to a specific room can be an option.

The Leash on Liability: Protecting Both Sides

Video Player00:0000:53

Open communication and cooperation between delivery workers and pet owners is the final failsafe for pet owners and delivery workers alike. Responsible pet ownership and proper training can prevent incidents, while delivery companies must prioritize worker safety through training and protective measures. In the moment, a clear statement from the worker, such as “please take your dog inside,” followed by the pet owner being responsible and actually doing it, could all but eliminate hostile pet encounters.

If you’re a delivery worker and a pet attacked you, you may be in the process of a lawsuit. However, it can take time before your case closes. During the procedure, you may need extra funds to help pay for medical bills and other expenses. Pre-settlement funding can help you make ends meet while you wait for your settlement. You can learn more by reading out pre-settlement funding FAQs.

When you’re ready to get started, visit us online or call us at 1-877-USCLAIMS.

The availability of pre-settlement funding varies by state. Contact USClaims for more information.

FAQs

How much money could be involved in a dog bite lawsuit?

The compensation in a dog bite lawsuit can vary widely, depending on factors such as the severity of the injury, medical expenses, lost wages, and pain and suffering. Settlement amounts can range from a few thousand dollars to over fifty thousand dollars, with some cases even higher.

What is comparative negligence in a dog bite case?

Comparative negligence refers to a legal concept where the responsibility for an injury is divided between the parties involved based on their respective degrees of fault. In dog bite cases, if the victim is found to be partially at fault for the incident, their compensation may be reduced proportionately.

What type of claim is a dog bite?

A dog bite typically falls under personal injury claims. These claims are filed to seek compensation for injuries sustained due to another party’s negligence or strict liability, depending on the state’s specific dog bite laws.

How is the severity of a dog bite categorized?

The severity of a dog bite is often categorized using a six-level scale:[18]

1. Level 1: Obnoxious or aggressive behavior but no skin contact.
2. Level 2: Skin contact but no punctures.
3. Level 3: One to four punctures from a single bite.
4. Level 4: One to four punctures from a single bite, with at least one deeper than half the length of the dog’s canine teeth.
5. Level 5: Multiple bites with deep punctures.
6. Level 6: Victim death.

7. Sources

   1. “DoorDash Driver Speaks out after Recent Serious Injury in Fountain Dog Attack.” KRDO, 19 Jan. 2024, krdo.com/news/top-stories/2024/01/19/doordash-driver-speaks-out-after-recent-serious-injury-in-fountain-dog-attack/
   2. “The Secret Lists of Dog Breeds Banned by Insurance Companies.” Rolling Stone, 26 Oct. 2021 www.rollingstone.com/product-recommendations/finance/dog-breeds-banned-by-landlord-rent-insurance-1242246/.
   3. “Dog Owners’ Liability for Bites and Other Injuries: An Overview.” Www.nolo.com, www.nolo.com/legal-encyclopedia/free-books/dog-book/chapter11-4.html.
   4. “A Negligent Dog Owner’s Liability.” Www.nolo.com, www.nolo.com/legal-encyclopedia/a-negligent-dog-owners-liability.html
   5. “Texas Dog Bite Laws.” Www.nolo.com, www.nolo.com/legal-encyclopedia/texas-dog-bite-laws.html.
   6. “Average Dog Bite Settlement Amounts 2024 – Forbes Advisor.” Www.forbes.com, www.forbes.com/advisor/legal/personal-injury/average-dog-bite-settlement/.
   7. “How Long Do I Have to File a Dog-Bite Lawsuit?” Www.nolo.com, www.nolo.com/legal-encyclopedia/when-do-i-have-to-file-a-lawsuit-for-a-dog-bite.html.
   8. “I Was Bitten by a Dog During a Delivery | Your Legal Rights.” Weinberg Law Offices, 31 Jan. 2024, www.weinberglawoffices.com/i-was-bitten-by-a-dog-during-a-delivery-your-legal-rights.
   9. “Dog Bite Law by State (2023 Guide) – Forbes Advisor.” Www.forbes.com, www.forbes.com/advisor/legal/personal-injury/dog-bite-law/.
   10. “Self Defense Against Domesticated Animals | Washington Gun Law. www.washingtongunlaw.com/self-defense-against-domesticated-animals.
   11. “Defenses to a Dog-Bite Injury Lawsuit.” Www.alllaw.com, www.alllaw.com/articles/nolo/personal-injury/defenses-dog-bite-lawsuit.html.
   12. “How to Manage Your Dog’s Chase Behaviours | Battersea Dogs & Cats Home.” Www.battersea.org.uk, www.battersea.org.uk/pet-advice/dog-advice/how-manage-your-dogs-chase-behaviours.
   13. “Four Key Reminders to Help Protect Against Animal Bites and Scratches.” Animal Care & Use Program, 24 June 2024, animalcare.umich.edu/news/announcements/four-key-reminders-to-help-protect-against-animal-bites-and-scratches.
   14. “Information for All Mail Carriers.” 2021, about.usps.com/postal-bulletin/2021/pb22573/html/cover_004.htm.
   15. “Study suggests responsible ownership is key to preventing dog attacks.” V, 10 June 2022, phys.org/news/2022-06-responsible-ownership-key-dog.html.
   16. “Puppy Socialization: Why, When, and How to Do It Right.” American Kennel Club, 12 July 2024, www.akc.org/expert-advice/training/puppy-socialization.
   17. “Dogs and Delivery Drivers.” ASPCA® Pet Health Insurance, 11 Dec. 2023, www.aspcapetinsurance.com/resources/dogs-and-delivery-drivers.
   18. “The Six Levels of Dog Bites | LaSalvia Law.” Lasalvia-Law.com, 19 July 2022, lasalvia-law.com/blog/the-six-levels-of-dog-bites/.

   *Survey referenced in this article was issued by NP Digital on behalf of USClaims in June 2024, and is based on an audience of 1,000 delivery drivers in the U.S.