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FedEx Dog Bite (self.legaladvice)

justapoorstudent2 が 投稿

So I live in a house with 2 other roommates. The home is owned by one of their moms and we rent out rooms in the house.

Earlier this week while I was at work, my dog (red heeler) was home with one of my roommates (not the roommate who's mother owns the house) and my dog nipped a FedEx employee delivering a package. As far as the details go I only have secondhand information but the employee admitted to my roommate that the bite did not break the skin, but may have bruised her leg.

Once I was in contact with her I apologized profusely and showed her certifications of all my dogs current vaccinations. Today, I received a message from her stating she was filing for workers comp. and needed the homeowners info (because I don't have renters insurance).

I'm worried about a lawsuit. My dog is not claimed on the property insurance, I was not home at the time, and my dog has never bitten anyone before. Who ends up being liable in this case? I know it's normally the homeowner but can they really be held liable when someone else's dog bites someone on their property?

Thank you for any advice posted! I live in Oregon if that helps.

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[–]StillUnderTheStars 38ポイント39ポイント  (6子コメント)

You're liable for your dog.

[–]soonerborn23 14ポイント15ポイント  (6子コメント)

Well if it didn't break the skin, I am curious on what they expect filing a worker comp claim. What kind of injury?

I wouldn't provide any information to her or even speak with her going forward.

The landlord is most likely not responsible but going forward she might be if she continues to allow your dog to live there.

You are responsible for your dog. You should have renters insurance. Now that you don't you will probably find out why people carry home owners and renters insurance.

When if you get served you should absolutely go see a lawyer.

Oh and you should also inform the owner about this so she doesn't get ambushed and start answering questions she shouldn't be answering.

[–]justapoorstudent2[S] -4ポイント-3ポイント  (5子コメント)

Have you heard of the 'first bite rule'? I read about it in another forum and it essentially states that in Oregon (among a few other states), an owner may not be held liable if a dog bites someone without any other history of agression. It talks about the animal being presumed nonviolent and takes some if not all liability off the owner. I know negligence of owners often makes this rule obsolete, but I can't help but be frustrated that something like this had to happen when I was at work, having left my dog locked up at home.

[–]soonerborn23 6ポイント7ポイント  (1子コメント)

Yes.

I had to look up Oregon but its not really a one bite state. It specifically holds owners responsible for any economic damages caused by a dog. Missed work, medical bills, etc.

To get any further damages the owner must be shown to be negligent.

So apparently in Oregon you are responsible for compensating the victim for any costs or lost wages but thats it unless they can prove your negligent and knew your dog was vicious.

I would not answer any questions about this without a lawyer. I would tell all your room mates and the owner to also not answer any questions about this.

[–]justapoorstudent2[S] 2ポイント3ポイント  (0子コメント)

Got it. Thank you for the advice!

[–]thascarecro 7ポイント8ポイント  (2子コメント)

I live in Oregon as well and work for the "other guys". Getting bit by a dog is looked at there as just part of the job. We'll usually just make a note of that house and the driver will usually call to make arrangements is he/she is not comfortable delivering there. I've never heard of a lawsuit. FWIW.

PS i got bit in the ass by a dog and it left a scar on my right cheek. Owners were crying because they thought i was going to call the cops or something. I just went about my day. Noticed when i took a shower that i..um... had to throw those boxers away.

[–]justapoorstudent2[S] -2ポイント-1ポイント  (1子コメント)

Unfortunately the driver that my dog nipped is not as laid back as you. She also told me she continued with her work day when I spoke with her on the phone later that day. Do you happen to know how it typically plays out when a driver files a workers comp. claim? I would think it happens often enough that it could be sorted out relatively quickly.

[–]thascarecro 0ポイント1ポイント  (0子コメント)

I'm positive if it goes through the legal process it would come out of the homeowners insurance. If there were no lost wages and no scar then really she's looking at "pain and suffering" which if she was back at work the very next day shouldnt be that much. But she could also be talking to a lawyer and the idea of missing work for a larger sum of money might get in her head. Hope not. Just make sure to apologize and hopefully your dog isnt a repeat biter.

[–]HarryMcSmalldick 9ポイント10ポイント  (0子コメント)

Get renters insurance. It's cheap and it protects you for things like this. It won't help in this situation, but just get it so you're protected next time.

[–]liloce 3ポイント4ポイント  (1子コメント)

If you don't have money to be sued for, they MAY go after the owner of the house and her money and insurance. However, whatever they end up paying out, they will come to you to reimburse them for expenses.

Also, you will probably not be allowed to keep your dog because her insurance will quit her for have a violent dog (not saying your dog is bad, she just looks bad on paper) and so she may have to ask you to rehome the dog or move out with the dog.

[–]HarryMcSmalldick 2ポイント3ポイント  (0子コメント)

They may try to go after the homeowner. It doesn't mean they'd be successful. The homeowner likely has no liability here.

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