Dog attack

[Sonyapittman]

What is the name of your state? Alabama
Today I was delivering a subpoena to a residence for my cousin’s attorney. When I arrived ther was a gate and fence which posted no trespassing and beware of dog. But after calling out and ringing bell at gate and seeing no dog I entered the unlocked gate. I knocked on the door and eventually the lady came out. I served her, and we were standing there talking and next thing I know a huge dog busted out the door and attacked me. The owner would scream and he’d run away but come right back. Finally he somehow ended up back inside. I don’t even remember I was in such shock. She asked do I need to drive you to the hospital but I said no. As I’m walking away I hear her say “they’re gonna put him down this time.” And as I’m driving to the hospital I actually feel bad for the lady and dog because I know accidents happen, I’m a dog lover with 2 of my own, and there were signs but the gate wasnt locked. I lied to hospital staff and said I was attacked by a stray to protect the lady and dog but now I realize the dog has attacked multiple people and I have to have surgery on my leg so I’m being admitted to hospital. What can I do/should I do?

 

[quincy]

What is the name of your state? Alabama
Today I was delivering a subpoena to a residence for my cousin’s attorney. When I arrived ther was a gate and fence which posted no trespassing and beware of dog. But after calling out and ringing bell at gate and seeing no dog I entered the unlocked gate. I knocked on the door and eventually the lady came out. I served her, and we were standing there talking and next thing I know a huge dog busted out the door and attacked me. The owner would scream and he’d run away but come right back. Finally he somehow ended up back inside. I don’t even remember I was in such shock. She asked do I need to drive you to the hospital but I said no. As I’m walking away I hear her say “they’re gonna put him down this time.” And as I’m driving to the hospital I actually feel bad for the lady and dog because I know accidents happen, I’m a dog lover with 2 of my own, and there were signs but the gate wasnt locked. I lied to hospital staff and said I was attacked by a stray to protect the lady and dog but now I realize the dog has attacked multiple people and I have to have surgery on my leg so I’m being admitted to hospital. What can I do/should I do?

Report the dog to authorities, your injuries to your insurer, and file a claim against the dog owner’s insurance.

 

[Sonyapittman]

Report the dog to authorities, your injuries to your insurer, and file a claim against the dog owner’s insurance.

Thank you but what about the no trespassing sign and beware of dog sign? Also they probably don’t even have insurance.

 

[quincy]

Thank you but what about the no trespassing sign and beware of dog sign? Also they probably don’t even have insurance.

You probably should have paid better attention to the sign - but it’s a little late to worry about that now. Because it was the dog owner opening her door to you that allowed for her dog to attack, the dog owner can still be held liable.

If the dog owner doesn’t have insurance, you will have to file a claim against her personally instead of going through her insurer.

 

[Just Blue]

What is the name of your state? Alabama
Today I was delivering a subpoena to a residence for my cousin’s attorney. When I arrived ther was a gate and fence which posted no trespassing and beware of dog. But after calling out and ringing bell at gate and seeing no dog I entered the unlocked gate. I knocked on the door and eventually the lady came out. I served her, and we were standing there talking and next thing I know a huge dog busted out the door and attacked me. The owner would scream and he’d run away but come right back. Finally he somehow ended up back inside. I don’t even remember I was in such shock. She asked do I need to drive you to the hospital but I said no. As I’m walking away I hear her say “they’re gonna put him down this time.” And as I’m driving to the hospital I actually feel bad for the lady and dog because I know accidents happen, I’m a dog lover with 2 of my own, and there were signs but the gate wasnt locked. I lied to hospital staff and said I was attacked by a stray to protect the lady and dog but now I realize the dog has attacked multiple people and I have to have surgery on my leg so I’m being admitted to hospital. What can I do/should I do?

1. You should report this to Animal Control. Not only is she keeping a very dangerous dog, but she hasn't even properly trained it or keeps it in her control. Next time, and if something is not done now there most certainly WILL be a next time, it could be a child.

2. In the future do not disregard the posted signs at the properties you visit. IMHO the dog owner was partially at fault even though you ventured on her property despite the signs only because the dog was inside and she allowed it to get out and attack you and she is aware that her dog is dangerous.
If you were to sue her for your injuries, your disregard of the signage would mitigate the damages.

Hopefully your leg heals well, and you don't have lasting injury from this terrible ordeal.
My best wishes to you on a quick recovery

Blue

Oh! I'm sure there will be other volunteers that will advise you and some of them may be attorneys so keep checking back!!

 

[Sonyapittman]

Thank you sir. I didn’t become angry with the owner until I called and told her I didn’t report her dog but that I have limited income and just asked that they complete me for missed wages and her response was maybe next month because they are tight on cash

 

[Sonyapittman]

Thank you sir. I didn’t become angry with the owner until I called and told her I didn’t report her dog but that I have limited income and just asked that they complete me for missed wages and her response was maybe next month because they are tight on cash

 

[adjusterjack]

If you were to sue her for your injuries, your disregard of the signage would mitigate the damages.

Not necessarily.

Lawfully on Property of Owner of Dog.​

Section 3-6-2When Person Deemed Lawfully on Property of Owner of Dog.

For the purpose of this chapter a person shall be considered to be lawfully upon the private property of the owner of such dog when he is on such property in the performance of any duty imposed upon him by the laws of this state or by the laws of the United States or the postal laws and regulations of the United States, when reading meters, when delivering milk, when making repairs to any public utility or service upon said premises or when on such property upon the invitation, either expressed or implied, of the owner or lessee of such property.

 

[Just Blue]

Not necessarily.

Thank you for correcting me, Jack.

 

[adjusterjack]

Thank you but what about the no trespassing sign and beware of dog sign?

Lawfully on Property of Owner of Dog.​

Section 3-6-2When Person Deemed Lawfully on Property of Owner of Dog.

For the purpose of this chapter a person shall be considered to be lawfully upon the private property of the owner of such dog when he is on such property in the performance of any duty imposed upon him by the laws of this state or by the laws of the United States or the postal laws and regulations of the United States, when reading meters, when delivering milk, when making repairs to any public utility or service upon said premises or when on such property upon the invitation, either expressed or implied, of the owner or lessee of such property.

I think process service counts as being lawfully on the property despite the signs.

Here is more information about Alabama dog bite laws:

https://law.justia.com/codes/alabama/title-3/chapter-6/

https://www.dogbitelaw.com/alabama-dog-bite-law/

 

[Sonyapittman]

Not necessarily.

Would that include delivering a subpoena for an attorney?

 

[Just Blue]

Thank you sir. I didn’t become angry with the owner until I called and told her I didn’t report her dog but that I have limited income and just asked that they complete me for missed wages and her response was maybe next month because they are tight on cash

Report the dog. If it were to get hold of a child and kill/maim the child, you would regret not reporting this for the rest of your life.

 

[Just Blue]

Would that include delivering a subpoena for an attorney?

Per the statute that Jack posted, yes.

 

[Sonyapittman]

Per the statute that Jack posted, yes.

And sadly, I still feel responsible somewhat because of the signs but I am tore up. I’ve been admitted into the hospital to surgery done on my leg in the morning and both arms are ate up. I would add images but not sure if I can

 

[adjusterjack]

Would that include delivering a subpoena for an attorney?

Well, might be a slight glitch there.

Alabama Process Service Rule 4.i.1 Delivery by a Process Server.
(B) By Designated Person. As an alternative to delivery by the sheriff, or when process is to be delivered personally outside this state, process issuing from any court governed by these rules may be served by any person not less than nineteen (19) years of age, who is not a party and is not related within the third degree by blood or marriage to the party seeking service of process.

You wrote that you served the subpoena for your cousin's lawyer. Was the lawyer representing your cousin in a legal matter?

See how complicated these things get.

If you were not qualified, by law, to serve the subpoena, then you might not have been lawfully on the property.

Since your surgery makes this potentially a large claim, I suggest you consult a dog bite lawyer.