Visitor Question

Loss of income from dog bite incident…

Submitted By: Anonymous (USA)

I work for the United States Postal Service as a rural carrier in New York State. I was attempting to get a signature from a customer, while on the customer’s porch a dog approached and when I attempted to leave the porch the dog bit me.

I used 2 days of sick leave which I cannot get back. My question is can and should I get loss of income from the dog owner’s insurance company in this settlement case?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

Because this happened during the scope of your employment, you should first look to the workers compensation policy of your employer. This is probably somewhat typical in your line of work unfortunately, and it is unlikely that your employer would deny any claim..

Secondly, you can pursue the home owner’s insurance under the premises liability theory. In this scenario, you may need to prove that they had knowledge of their dog’s dangerous propensity.

If he has never bitten anyone before, this may be difficult to do.

The best advice is to pursue workers compensation first to get any medical care you may still need. Secondly, submit a claim to the homeowners insurance.

Be advised that settlements are based upon your medical bills and out-of-pocket expenses. So, if you only missed two days of work and had minimal expenses, you should not expect that either system (workers compensation or personal injury) will provide a huge settlement to you.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: September 19, 2010

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One thought on “Loss of income from dog bite incident…

  1. File a claim against their homeowners insurance and go for the policy limits. It’s only right for their negligence. Remember you’re gonna have physical and mental problems down the road.

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