by anonymous on September 22nd, 2006

anonymous

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If my dog bites the UPS or FEDEX person in my neighbor's driveway, who is liable?

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Answers. 25 helpful answers below.

  • by hemiman on September 22nd, 2006

    hemiman

    I think if it is your dog in the neighbor's driveway biting people, then you are liable for not keeping your dog in your own yard. But I am not Judge Judy. She knows all and will call you stupid and all kinds of ugly stuff if you dont agree with her.

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  • by Anonymous on September 29th, 2006

    Anonymous

    You are liable for your dog & what it does no matter where the incident takes place! My dog got out of my fenced yard, got run over & killed by a motorcyclist carrying a passenger. I am currently being sued by 3 people because of the accident. The motorcycle driver dislocated his shoulder, he is suing me. His female passenger sprained her pinky finger, she is suing me. The female passenger's husband is suing me because he can't have marital relations with his wife, because of the accident. (Proof anyone can sue for anything!) My homeowner’s policy is covering this because in my policy my breed of dog is covered. The insurance company is paying for an attorney to defend me against all 3 lawsuits. Check your homeowner’s insurance policy immediately and see if they cover animals & your particular breed of dog. Most large dog breeds are NOT covered at all. If you get served, call your homeowners insurance within 20 days & they will take over with their lawyers (if your policy covers animals & your breed of dog). You may be lucky because UPS & FedEx employees usually have health benefits & the person your dog bit may only want his medical expenses paid. However he CAN STILL SUE YOU for loss of wages, pain & suffering, mental anguish & all that other bogus stuff.
    I am not a lawyer but I have been going through this nightmare for over 2 yrs & the cases have not been settled yet. If these people don't take the settlements offered & it goes to court, I am responsible for any monies they are awarded over my policy’s limit. Every policy has a limit of coverage. Look on the bright side - a dog bite is minor compared to a dog accident. Be glad you’re not me.

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  • by Anonymous on November 15th, 2006

    Anonymous

    You are liable. most states and cities have leash laws. your dog should always be on a leash or confined by a chain on your property.

    I would also check with my home owners insurance. some policies do not cover certain vicious dogs. your agent can tell you which breeds are not covered.

    If your dog has bitten the delivery person, you are going to need an attorney, if the delivery person and/or fedex/ups decides to sue you in civil court.

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  • by CalvinCD on October 1st, 2006

    CalvinCD

    you no doubt. You will want to get a good lawyer, or you may have to pay a few grand, and you dog could be put down. It isn't your neighbor's fault at all.

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  • by Jade on May 23rd, 2007

    Jade

    You are..it is your responsibility to control your dog.

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  • by Patti jo on April 2nd, 2007

    Patti jo

    You are no doubt at all - your animal should have been in a controlled area

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  • by Rottweiler on November 15th, 2006

    Rottweiler

    You are.

    It's your freaking dog! Keep track of it, and it'll behave! (Unless of course you've spoiled it half to death, in which case it will never again behave.)

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  • by jefflovstrom on October 26th, 2006

    jefflovstrom

    YOU JUST MAY OF BIT HIM YOURSELF, (ASSAULT), YUP, DOG BITING IS SERIOUS. Settle and be friends.

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  • by lizizhere on October 14th, 2006

    lizizhere

    YOU!!!! it is your dog your responsiblity no matter where he was, if the fed ex guy wants to sue your neighbor i think he can go after you both them for not keeping your dog out & you for not having your dog on a leash or properly restrained.

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  • by tjatherton on September 22nd, 2006

    tjatherton

    The homeowners insurance of the neighbor would cover the UPS/FEDEX person's injuries, then in turn the neighbor would have to sue you for the dog trespassing on his property and causing injuries to the person.
    But I'm not a lawyer.

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  • by Anonymous on October 12th, 2007

    Anonymous

    It depends on what state you are in. In many states nobody is liable if that was the first time the dog bit anyone. People tend to falsely assume that every harm has to be somebody's fault. However, this is simply not true. In order to be liable for harm you must either intentionally do something, or you must have been negligent (with one exception, see below).

    The only exception to the negligence rule is "strict liability." Strict liability is a theory in which we make a person pay for harm, even when they were not negligent. The biggest example of this is with products liability. When you are harmed by a product, the manufacturer is automatically liable. The reason for this is just because the manufacturer is in the best position to pay for the harm. The second biggest example is ultra hazardous activities. When you are doing something that has the potential of doing great harm (e.g. blasting with dynamite), the law makes you liable even when you take every possible precaution.

    Other than ultra hazardous activities and products liability, the only other time strict liability is used is when a state passes a statute that invokes it. Some states have done this for dog bites.

    Thus, if you are in a strict liability state, then you are liable for the bite. If you are not, you are only liable if you were negligent. If your dog has bitten before (thus putting you on notice that your dog has a propensity to bite), then failure to control the dog is negligent.

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  • by Firebrand on October 12th, 2007

    Firebrand

    You are definately , your dog should be under control at all times.

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  • by 232499 on October 12th, 2007

    232499

    you are

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  • by P. W. Pasobrio loves Marines on April 2nd, 2007

    P. W. Pasobrio loves Marines

    You are for not contolling your dog. And this going to cost you big time because not only can the delivery guy sue you, but so can his company and your neighbor. You're also going to see your homeowners drop you like a hot potato and nobody else will cover you till the dog is gone. And if you can find somebody to cover you the premiums even without thte dog will be twice as much. You're also going to have major court costs from the city for violating the dog ordinaces. And your dog will more then likely be quarentined and put down based on the breed. This happened to a friend of mine. The dog got out and bite the lady that worked next door when she tried to bring him home. He nailed her as soon as she stepped on the property. The city still held my friend's mother and brother liable because the dog was not on a leash at the time he bit. The only reason the dog wasn't put down was because the lady steppped on the property.

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  • by Patti jo on April 2nd, 2007

    Patti jo

    You are no doubt at all - your animal should have been in a controlled area

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  • by Grammy Robin on April 2nd, 2007

    Grammy Robin

    Simple, it's YOUR dog, not your neighbor's.

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  • by Esteban-- Smartest Pumpkin on October 26th, 2006

    Esteban-- Smartest Pumpkin

    Your neighbor.
    what you need to do is go rent a truck move, sell the house and disappear. change your name, disown your spouse and kids.

    Or your homeowners insurance should cover it.

  • by Bobby Dias on September 22nd, 2006

    Bobby Dias

    I think the neighbor for causing the expenses he paid that you caused by neglecting to control your dog. His expenses would also include his attorney's fees and the injured person's attorney's fees and court costs. And maybe the neighbor would bring in animal control and/or the police because your dog was out of control. Maybe, if you think that the injured person's claims are reasonable, it is wise to pay, with or without your insurance company- before all the attorney fees start adding up. Consulting an attorney is a good idea.

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  • by CrystalBall on April 25th, 2007

    CrystalBall

    It depends, the victim can make a claim with workers compensation and may not even go after you. If you take responsibility and connect with the worker then you might be able to convince him/her to go through workers' compensation and fend off a lawsuit against you. Check with your home owners' insurance as well as your home owners' insurance may provide you with a legal defense and pay any claim against you. A criminal complaint may be filed against you as well and your dog could be taken or be labeled a "vicious" animal which carries special requirements along with that.

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  • by Vashtar on April 25th, 2007

    Vashtar

    You are. Your dog shouldn't be off your property without a leash as far as the law is concerned.

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  • by Anonymous on October 12th, 2007

    Anonymous

    As an employee of one of these two firms, I can tell you that dogs are usually no problem on the job. BUT I have 2 dogs on my route that have bitten me and neither owner seemed to care. Foertunately for me both times required minimal medical attention. I usually carry bones in my pocket for a quick get away. As I see it, if you are ordering merchandise to be delivered to your home, it is your responsibility to insure that your property can be approached without the delivery person being attached by a dog, and that your neighbor should not have to be concerned that your dog may do the same on their property. There are LEASH LAWS in nearly every town in America. I myself have 2 dogs and they are ALWAYS in a fenced in back yard. As for the 2 dogs on my route, I have told the people that I will only leave their packages at their mailbox on the street corner. If a signature is required I will not neter their property as they will not keep their dogs in a controlled area.

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  • by mekare on May 23rd, 2007

    mekare

    it's your dog and you let it get onto the neighbor's driveway, you're liable.

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  • by Galeanda on May 23rd, 2007

    Galeanda

    It's your dog. He is your personal property no matter where he wanders. If he bites someone it's your fault. If you let him onto someone else's property , you are responsible. It's your dog that is not restrained.

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  • by Red Zombie on May 23rd, 2007

    Red Zombie

    I believe the sender of the package would be held accountable in this scenario.

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  • by Ryan10242 on February 23rd, 2010

    Ryan10242

    If it was before the delivery than it wasn't anyones fault, however if it was after the delivery than it was the UPS or FEDEX workers fault as the guard dog was just doing its job.

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