Dog bit the UPS man

[tranquility]

As a general rule, post-event corrective measures are not admissible in court. The public is better served by people correcting errors than having them not correct them in fear of it being used against them.

 

[Zigner]

You should educate yourself on what would be a valid reason for euthanizing an animal.

Perhaps YOU ought to educate yourself on the right of property owners to euthanize their animal if they see fit.

 

[Ladyback1]

Anyway, instead of walking back down the driveway safely at a distance from where HE KNEW her boundry was HE CHOOSE to walk through the yard. Even then she wasn't crouched down. He swung his signature pad at her face and that's when she crouched down. After the second time he swung the pad is when she bit. This is where it gets magical. For whatever reason other than knowing the driveway was safe, the delivery guy ran back down into it. And then guess what happened. You'll never guess. Nothing... because once he was back in the driveway she couldn't get to him. And she didn't try to either. Once he was out of the yard and done swinging she walked away. And I really don't care if you've had experience raising Akitas on steroids. The fence worked exactly the way it was supposed to. She never left the yard.

1) an actual fence is meant to keep things/people out AS WELL AS keeping things/people in. Had some unsuspecting child or older person gotten past the invisible barrier and been bitten you would be responsible then too. You are culpable in this particular incident, and any others that may happen.

2) You could not see the dog's face and/or eyes, could you? Perhaps the delivery driver did and became frightened. The delivery person may not have intentionally "strayed" into the dog's "turf". But when he found himself there was frightened and reacted.

Let me tell you a personal account: The company I worked for previously provided work comp coverage for a large delivery company. A driver went to delivered a package to a house he'd been to several times before. He knew there were dogs there. Had never had issues with the dogs before. This time, rang the bell--the door was opened and out of nowhere the lady's rat terrier came flying and bit the driver in the crotch. He sustained significant injury to his "nether region" (it is rather sensitive and delicate). You bet your sweet bippy, our company subrogated for all the costs of his claim. And since the injury ended up causing permanent damage and psych damage (apparently it was pretty traumatic for the delivery driver)--it was an expensive dog bite.

You're responsible and you need to let your homeowner's insurance know.

 

[Willlyjo]

Perhaps YOU ought to educate yourself on the right of property owners to euthanize their animal if they see fit.

Ummm...this thread isn't about a property owner wanting to euthanize their animal. It was mentioned that the OP should "put their dog down". I simply said the circumstances didn't dictate that the OP's dog needed to be euthanized. You don't make any sense here, Zig!

 

[Zigner]

Ummm...this thread isn't about a property owner wanting to euthanize their animal. It was mentioned that the OP should "put their dog down". I simply said the circumstances didn't dictate that the OP's dog needed to be euthanized. You don't make any sense here, Zig!

I was simply responding to your post (it was quoted, in case you didn't notice.)

 

[Sinsaint]

Putting up a real fence would be a big step towards becoming a responsible owner.

And if that were an option my community would allow I would do so. My HOA forbids it. I have already spoken to the association president about what type of fencing they might allow. Until I get a response fencing isn't an option.

And I'm really tired of everone acting as if I'm so irresponsible and "blaming the victim," etc. I didn't just throw my hands up in the air and walk away. I got out my first aid kit and cleaned the wounds for him. I apologized right on the spot for her behavior (I didn't think I needed to add insult to injury at that point). I gave him my name and phone number along with my vet's name and number. I spoke to his supervisor and gave him the same information. I also allowed his supervisor to come out here and look at the property (and the dog but he opted not to). I called the Health Department apparently on myself to ask what steps I had to take with the dog which is basically the vet info again and quaratining the dog for ten days in my home which is what I am now doing. I called my vet and asked her to pull the dog's file and keep it handy as I expected more than a few people to be calling for her vaccination records. I also talked to her about finding a good trainer (I took a 16 week course with her as a pup but apparently she needs more training). I called my insurance carrier to advise them of the bite (and asked about if I should take out added insurance now that I know she has bitten and asked about posting signs). I told them I did not contest the fact that she bit him. And none of what happened is being disputed because the driver admitted he entered the yard. Regardless of the circumstances I had no intentions of disputing his claim if he submitted one.

The driver delivered a package yesterday. I apologized again for the dog's behavior. He apologized for going into the yard. I asked about his wound. He said he got a tetanus shot and five days of antibiotics. I told him he could call me directly at any time if the wound got worse and he has any concerns about the dog possibly giving him something. I also told him if the dog gets sick at any point during her quarantine I would notify his supervisor. I called his supervisor as well and told him the same thing. I also told the supervisor if the driver had any out of pocket medical expenses I would reimburse him. He told me not to worry about reimbursing anyone. UPS covered all his expenses and they didn't want any money from me.

As for the dog... once quarantine is up she will only be in the yard with a muzzle on until I am notified about what type of fence will be permitted. In the meantime I am posting signs later today telling people to use the driveway only and to stay out of the yard. Beyond that I don't know what else I should be doing to be a "responsible" dog owner. And no, I'm not putting her down.

 

[ecmst12]

And if you had said all of that from the beginning, you might have gotten a better response! Every post until now, it really sounded like you were looking for ways to get out of responsibility/liability for his injuries.

 

[csi7]

You have done the best you can do with the limits of your HOA. Those limits also make what you are dealing with more difficult. So glad everything is working out, and best wishes for a speedy, uneventful recovery for both the UPS driver and the dog.

 

[Sinsaint]

And if you had said all of that from the beginning, you might have gotten a better response! Every post until now, it really sounded like you were looking for ways to get out of responsibility/liability for his injuries.

My original post asked if I should call my insurance carrier. In my twenty+ years of owning dogs a dog bite has never happened and I didn't know if I should notify my carrier or if the driver/UPS should notify them. Instead of an answer to my question I got bombarded with comments like "kill your vicious animal", I'm an "idiot" for using a wireless fence system, be a "responsible" dog owner and put up a REAL FENCE (implying I'm being intentionally irresponsible because I don't have a fence that I'm not legally allowed to have), "blaming the victim," etc. While I do think the driver bares some of the responsibility for what happened I never once said I didn't want him compensated for, at the very least, his out of pocket expenses. And I was willing to do this at my own expense (not insurance). Pain, suffering and punative damages I would have put up an argument about. I never did get a solid answer to the question other than keep my insurance number handy. I did get plenty of advice about what I should do with my vicious, killer, attack dog along with many comments about what a totally irresponsible, uncaring, idiotic dog owner I am. I have two very active, energetic breed dogs who want/need to be able to run. The neighbors beside and behind me both own dogs (the neighbor beside has a Bull Mastiff and a Pitt mix and the neighbor behind me has a German Shepard, a Lab and a Springer Spaniel). We all use the same type wireless system since it's our only option in the development and we all got together to make sure our systems don't overlap. In regards to dog of dog attacks there has never been an issue in the six years I have lived here. But apparently I'm just a stupid idiot for choosing the wireless fence system over chaining them to the ground if they want to go outside and play.

As for the dog in question.... technically I'm not sure what you would call her breed. The father is a full blooded Boxer. The mother is a Lab/Terrier mix. The owners of her parents were told the female was basically a mutt.... Lab/Terrier and who knows what else mix. My vet is also the vet for her parents and she said the pup (my dog) is a Boxer mix and that is what her registration paperwork lists her as. I only refer to her as a Pitt/Boxer mix because I know she has Terrier in her through the vet and I want to be up front about her lineage. She looks like a knee high, 55 pound version of a reverse brindle Boxer. I only mention all this because most people assume anyone who owns a variation of a Pittbull must have went out looking for this specific breed because they want a dog known to be aggressive, mean or whatever. Honestly, I don't know if she has Pitt in her or not. I treat her as if she does (since I don't know) which is why I took her to puppy training when I first got her. I don't know, the irresponsible dog owner part of me thought it might be a good idea. I never went out looking for a Pitt breed or anything like that. I had a male Border Collie and a female Golden Retriever. Our Golden Retriever passed away in the spring of '09. My husband and I had been talking about getting our Border Collie a companion for some time after she died. My brother called me in February 2010 and said his friend (the person who owns both parents of my dog) had a single dog left in a litter his dogs had. It was a female and if they couldn't find a home ASAP it was going to a shelter. My first dog was a Chow that I had no issues with so I thought, with professional training, I could bring this dog into our family and community with few issues. I did all the things an irresponsible pet owner does. I got her vaccinated, had her spayed (she's a family member and companion for my male only... I'm not a mutt breeder) and took her for training because of her uncertain breed temperment. I have monitored her behavior with family, other pets, neighbors and even the neighbor's dogs with no signs of aggression.

That is why this whole issue and how to handle it legally took me by surprise. I guess next time a legal issue like this comes up I'll know to ask how much of an irresponsible a$$hole I am instead of what I'm supposed to do since that seems to be the only advice I got.

 

[ecmst12]

Yes, you should notify your insurance company and let them handle the claim.