Visitor Question

Knocked over by a dog while leaving work…

Submitted By: Anonymous (Cleveland, OH)

I was leaving work and saw a family outside waiting for their family member to get out of work. They had two dogs. I asked if I could pet them and the owner said I could pet the one that he was holding but suggested that I not pet the one that the son was holding.

I pet the dog for a couple seconds and then went to walk away. The other dog came running after me and ran into the side of my knee, knocking me to the ground – the son could not keep control of the retractable leash. Is this considered a workers comp claim? What are my options here? Thanks.

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,

There are two issues to be considered…

First: Most states’ workers compensation laws typically do not cover injuries to workers when they have left for the day,  or when they are on their way to work. This applies even when the employee is on the employer’s premises. Moreover, from the facts you present, you did not sustain any injuries, other than being knocked to the ground.

Second: While you don’t appear to have the basis of a workers comp claim, you may have a personal injury claim against the dog owner. However, if you did not sustain injuries requiring medical attention, than the pursuit of a personal injury claim would be futile.

Third: In cases of dog bites, some homeowners insurance policies cover injuries to third  parties when they are bitten, knocked down, or otherwise injured by a dog. In the event you did sustain  injuries, the dog owner may have coverage under his or her homeowners insurance.

Be sure you have the dog owner’s name and contact information, and seek medical attention to be sure you did not sustain any injuries whose symptoms may take some time to appears.

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: October 19, 2017

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