Dog Bite: To Sue Or Not To Sue

reydluap

Well-Known Member
It's been about 20 years ago now. But I had carried a package up to a house and just I was setting it down by the door and starting to knock. Two mutts jumped through the screen door and knocked me on my butt. They procceded to munch on my calves as I was kicking like a mule laying on my back. I finally made it back to the package car and put it in gear and drove to the ER, which was only a few blocks away. I had to go through Rabies shots and missed about a weeks work. To make a long story short, UPS got the home owners insurance to pay all the medical bills. I contacted the home owners and asked to speak with their insurance carrier. The insurance man came to my home and I settled for $4500. You don't have to sue them, just get a hold of the their insurance carrier.
 

dannyboy

From the promised LAND
The reason the insurance settled is because they knew they would loose in court. Totally opposite of what the alleged lawyer posted.

Like you said, if they want to settle, then save the extra effort to sue. If they dont want to settle, or run you around, then the legal system is there for you.

Sometimes a lawyer might get a bit more, some times not. But either way, he/she will take a cut of what is offered and paid. You have to weigh the options.

One thing too about suing the customer, in many cases dont look for them to like seeing the UPS man around.

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over9five

Moderator
Staff member
"dont look for them to like seeing the UPS man around."

So? Not my problem. Don't look for me to deliver to their house again. Thats the best reason you can have not to enter their property ever again.
They can pick up their sh#t at the customer counter.
Customers like that we do not need.
 

sendagain

Well-Known Member
I lost a couple days pay from a cut from razor wire boxed up without any packing material; the company's insurance gladly payed me for the two days I was off, breathing a sigh of relief that I wasn't asking more. This customer may have homeowners insurance that might cover the lost wages. talk to them and see. Maybe they will do the decent thing and pay you, otherwise go to small claims court.
 

dannyboy

From the promised LAND
Aw come on the 95, that is not the best attitude to take. You would be surprised at how you can take a bad situation and make it into something positive. But you have to want to.

Last time I got bit was by an older dog. Yeah they yapped all the time when I went in, and I am sure if I did not pay attention, they would have nailed me.

That day the owner was home, and as I handed him the package, he got my leg and ankle.

Went to get it taken care of, animal control called me while I was still in the ER. They were on the way to pick the animal up. I met them there and explained to the officer that the animal was old, and that I trusted the customer to keep it up. He had all the health paperwork, so that was not an issue. To this day, he is ever so grateful to me for not pushing to have the dog at the pound for 30 days, and in fact talked the officer out of taking him away. He and I both knew it would not have survived.

Same holds true for hitting one. The attitude of the driver makes all the difference in the world in most cases.

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Anonymous Fred

Guest
<i> The reason the insurance settled is because they knew they would loose in court. Totally opposite of what the alleged lawyer posted.</i>

If you are referring to my post you are not a very good reader. A completely different set of circumstances in the case you just mentioned as there was no minor involved.

You are giving bad advice and I hope the OP will post back when he finds that I was right and you sent him on a wild goose chase.

Fred
 

dannyboy

From the promised LAND
Fred

You are responsible for what your animal does. Period. The fact that a minor let the dog out has no bearing on the case. The dogs owner is still responsible for the actions and damage caused by the dog.

Best

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over9five

Moderator
Staff member
You're probably right, Danny. Irreponsible dog owners is an issue that really pisses me off.

And Fred, I don't think it would matter if your kid let the dog out. The homeowner did not have control of his animal. You would be sueing the homeowner, NOT the child.
 

dannyboy

From the promised LAND
95, a new customer is hard to get, so if we can keep one that we already have......

Just my thoughts. And for me, with very few exceptions, it has worked well.

Speaking of dogs, I hit one many years ago. Went to 10-12 houses to see who it belonged to, but no one knew. Since were many young children that lived in that subdivision, I took the dead dog down the road where the county was working with a back hoe. Had them dig a shallow hole and buried it.

That was on Wednesday, in august, hottern hell. Complaint comes in on Tuesday and called the center. They informed me that the owner was very upset, and wanted the body for a Christian burial. Management chewed me out on the phone and told me that I was to get the dog and put it on their porch. I went to the hardware store, bought a shovel, trash bag and gloves and went out to get the dog. It was kinda a mess, maggots had worked their magic, most of the hair had detached. But I had to make the customer happy. Never did hear back from them. Turned in the receipts for the equipment to get paid back.

Ever hit a dog with the back axle of the truck and pop its eyes out? Looks every bit for the world like a small version of Madonna's famous bra. Dont kill em, but unless you can get them to some help pronto, they have to put them down.

Squeezed the guts out of one too one day, it was walkin kinda bowlegged draggin its intestines behind it. Took it to the vet, a few stitches and days later, it was back to chasin the truck again.

Then there was the rotweiler that tried to bite the tires on a P400 with chains and got hung. It was almost a block before I got stopped.

Ah dogs, they make life so interesting for the UPS man.

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T

Touring Boards

Guest
Getting a lawyer and suing them might be more trouble than it's worth. On the other hand, people have honeowners insurance to handle this type thing. If i were you, I would contact the homeowner and ask them to report it to the insurance carrier and see what happens. The insurance company should then contact you.I wouldn't accept just any offer, but on the other hand, it might be interesting to see what they offered and make a decision what to do then.. If the offer is out to unreasonable, you might want to threaten a lawyer...
 

trickpony1

Well-Known Member
So how did that make you feel ?
a) tough
b) powerful
c) strong
d) smart
e) all of the above.

Did you feel any remorse or was it an adrenaline rush?

People that do that on purpose should be horse whipped.
 

dannyboy

From the promised LAND
Trick

He was playing catch the beagle. Bad part about it was that the beagle almost got away. If he had not given the grand prix that head start!:wink:

As to what touring posted, if you handle the insurance company yourself, understand, they will be recording your every word when you call them. Each and every time they call, what you say will be documented. They will try and cross you up with false statements. So stay alert, consistent, and dont give out more info than they need. And if you screw it up, not even a good lawyer will be of any assistance.

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wily_old_vet

Well-Known Member
trickpony1 said:
So how did that make you feel ?
a) tough
b) powerful
c) strong
d) smart
e) all of the above.

Did you feel any remorse or was it an adrenaline rush?

People that do that on purpose should be horse whipped.

So should people that make assumptions. I saw nothing in his post that said he deliberately hit the dog. You made the ASSumption that he did.
 

YAKMASTA

Member
IF YOUR NOT LOOKING TO HURT THE DOGOWNER 'S WALLET KNOWING YOU HAVE LOST TIME AT A MINIMUM I WOULD LOOK INTO CONTACTING THE OWNER VIA REGISTERED MAIL AND ASK FOR THE WAGES YOU HAVE LOST LOOK BOTTOM LINE WE ARE NOT $5 AN HOUR WORKERS IT IS A $400 DOLLAR LOSS NOT COUNTING ANY INCURRED EXPENSES THEN IF THERE IS NO INTEREST IN SETTLING THIS MATTER PRIVATELY THEN ONLY THEN SHOULD YOU CONTACT YOUR LOCAL SMALL CLAIMS COURT BEFORE THIS DRAGS ON FOREVER !!! AS PER SOMEONES PREVIOUS COMMENT NO YOU CANT HOLD AN 8yr OLD RESPONSIBLE BUT SHOULD THAT CHILD EVEN BE OPENING THE DOOR PERIOD !!!!
 

dannyboy

From the promised LAND
So I have a question for you legal beagles.

5 year opens the door for a perfect stranger. He enters. Is that breaking and entering, or did he enter with permission? And it cant be tresspass, as the person at that address invited them in.

So what is it?

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Anonymous Fred

Guest
YAKMASTA said:
AS PER SOMEONES PREVIOUS COMMENT NO YOU CANT HOLD AN 8yr OLD RESPONSIBLE BUT SHOULD THAT CHILD EVEN BE OPENING THE DOOR PERIOD !!!!

that's the point doofus!

8 year olds cannot be held accountable.

case closed!

Fred
 

dannyboy

From the promised LAND
Hey wonder boy

the 8 year old is not responsible. You would not sue the 8 year old. But the parents are. And that would be the ones you would sue.

For someone that is allegedly so smart, you sure are playing dumb.

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