Delivery drivers face a high risk of dog bite attacks while making their rounds. Many drivers suffer traumatic injuries but don't know their legal rights and options afterward. Dog bite attacks pose an Occupational Safety and Health Administration (OSHA)-recordable workplace hazard for delivery drivers.
If you experience a dog bite attack on the job, take prompt action and understand your legal rights to seek compensation. The dog bite attorneys at The Porter Law Group have extensive experience representing delivery drivers bitten by dogs. If you sustained a dog bite while working your delivery route, contact our team for a free consultation.
Attacked by a Dog In New York?
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Overview of Dog Bite Laws in New York
New York utilizes a strict liability dog bite statute. This means dog owners face responsibility when their pet attacks, even without previous evidence of aggression. To file a dog bite injury claim in New York, the following criteria must be met:
- The dog bite caused bodily harm involving broken bones, disfigurement, dismemberment, significant disfigurement, or nerve damage.
- The injured person was in a public space or lawfully present on private property.
Generally speaking, employers are responsible for their employees whenever they are clocked in for duty. If a delivery driver is bitten by a dog while performing his duties, the company they're working for should cover all personal injuries incurred through workers' compensation insurance. This is legally required in New York and most other states in the US. Few exceptions are made, however, for independent contractors or volunteers.
Any injuries you incurred during your duty should immediately be reported to your employer and respective authorities.
Seek Medical Care Immediately After a Dog Bite
If a dog attacks you while delivering packages, seek immediate medical attention. Visiting an emergency room or urgent care facility allows doctors to:
- Clean and treat bite wounds to prevent infection
- X-ray for hidden bone fractures or nerve damage
- Begin a post-exposure rabies treatment if the dog is unvaccinated
- Determine if stitches or surgery are necessary
Your medical record after the dog bite incident would also be useful for your claim. A medical evaluation is a vital piece of evidence for establishing liability (whether that be from the dog owner or your employer) and recovering maximum compensation. Keep copies of all treatment records related to the bite.
Document the Dog Attack Thoroughly
Steps you take after the incident are also crucial for your claim. Gather as much information as you can (and as specific as you can). This should smoothen your compensation-seeking efforts.
At the Scene of the Dog Bite
If able, it’d be best to gather the following while still at the scene:
- The exact location where the dog bite incident occurred;
- The exact date and time of the incident
- Contact information of the dog owner/s
- Photos capturing injuries sustained and the location
Having these ensures that you won’t forget/misremember any key information moving forward. Actual footage showing the attack from an unprovoked dog also helps in building a compelling case for the owner’s liability.
Follow Up Documentation for Dog Attacks
Remain diligent even after the dust has settled. Take these necessary measures while your claim is still being processed:
- File an internal incident report to your company
- Report the incident to your local animal control agency
- Track all related expenses such as medical bills and lost wages
- Consult a lawyer who specializes in dog bites
While most of these steps can be done independently, we still advise that you seek legal support right away. Lawyers can help you acquire pieces of evidence that could be crucial for your claim, such as CCTV footage and witness statements.
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Report the Dog Bite Attack
Notifying key authorities safeguards not only your legal interests but also your health. Let’s discuss this further.
To The Local Animal Control Center
By reporting your case, you effectively help authorities identify dogs that pose a threat to the general public. They could also help you monitor the dog during the 10-day quarantine period. Any symptoms that indicate rabies should be caught during this initial quarantine period, allowing you to get the immediate medical attention you might need. Various local animal control centers are spread throughout New York.
To Your Employer
Under the Workers’ Compensation Law, companies looking to operate in New York must first have certain insurance coverages for the would-be employees. Once these insurance coverages are secured, only then can businesses be operational. Look to file a formal report right away. This should hasten your compensation, allowing you to get all necessary treatments.
To The Police
The police can respond to dog bite incidents, especially if the dog’s behavior concerns public safety. Having them on-site eliminates the need for you to report the case, but be sure to do so otherwise. Keep in mind that having various official reports only helps your case. Police assistance may also be needed in cases where owners are uncooperative.
Various parties can provide a dog-bite victim with the compensation that they need. In this segment, we’ll examine some factors that should be considered.
Types of Damages to Pursue
In personal injury claim, damages refer to all loses (economic and non-economic) incurred after an incident. In a dog bite injury claim, you may be compensated for the following:
- Past and future medical bills
- Lost wages from missed work
- Pain and emotional suffering
- Cost of permanent disability or disfigurement
Pursuing rightful compensation directly through the owner allows injured delivery drivers to gain the closure they deserve after a traumatic event. Your legal counsel is responsible for accounting these damages listed above
Compensation Options
As said earlier, dog bite victims have various parties they can turn to for compensation. These parties include:
| Dog Owner – In New York, dog owners are strictly liable for medical costs resulting from their dog biting someone, regardless of prior knowledge of the dog's viciousness. They may also be liable for other damages, such as lost wages and pain and suffering, if negligence is proven. |
| Employer – The employer's workers' compensation insurance should cover the delivery person's medical expenses, lost wages, and disability benefits related to the dog bite injury. However, the employer is generally not liable for additional damages unless gross negligence can be demonstrated. |
| Personal Health Insurance – This is relevant for independent contractors and volunteers. A delivery personel’s health insurance may cover medical expenses related to the dog bite, but the insurance company might seek reimbursement from the dog owner's liability insurance. The health insurance provider is not liable for other damages, such as lost wages or pain and suffering. |
Get Experienced Legal Guidance After a Dog Attack
Lawyers at the Porter Law Group have helped hundreds of personal injury victims throughout New York. We take pride in helping individuals rebuild from unfortunate incidents.
If you are a dog bite victim – or close to someone who is a dog bite victim – please reach out for a non-obligatory free consultation. You may also contact us at 833-PORTER9 or info@porterlawteam.com to schedule an appointment.
