Delivery drivers who are bitten by dogs while just trying to do their jobs deserve to be fully supported for their entire recoveries. In many cases, a North Carolina dog owner can be held fully liable for these and other hardships. The driver’s corporate employer may also be forced to provide care and support.
Dog Owners, insurance companies, and employers can try to put the blame on the worker. Melrose Law of Asheville helps dog bite victims hold the right party liable and then goes to work to earn the delivery driver the most in support possible.
We offer all delivery drivers in the Asheville Area a free, no-obligation consultation. It’s time to focus on healing while allowing us to fight on your behalf.
How Do I Know If I Need a Lawyer After a Dog Bite?
If your injuries are only minor, such as just minor cuts or bruising, you may not need the help of an attorney for your case. But when injuries are more serious, like a broken finger or a deep puncture wound, a lawyer may be an important advantage and protection. The medical costs will be higher, and that intensifies the fight over who will be responsible for these bills.
Your Asheville delivery driver dog bite attorney would fully investigate the incident and the dog owner’s record, and the dog’s past history. Your lawyer would have evidence ready if you were falsely accused or your medical diagnosis was questioned. Then your lawyer goes to work on securing what you’ll need to recover. This is often much more than you could hope to win by handling your injury claim yourself.
When Is a Dog Owner Responsible for a Dog Bite in North Carolina?
North Carolina courts will usually automatically hold a dog owner responsible for a bite if the dog came with a previous record of biting or aggression. The prior record would trigger “strict liability,” and victims could hold the pet owner liable without proving the dog owner was negligent.
If the dog doesn’t have a record of bite incidents, strict liability would not help the victim, but other personal injury arguments could be used.
The dog owner could also be liable if the dog owner’s negligence can be proven. This might involve showing the dog owner did not properly leash or restrain an aggressive dog or a particularly large dog. That might involve demonstrating how a dog escaped a fenced-in yard that wasn’t secured to ensure the safety of the delivery driver. It might come down to showing that the dog was allowed to roam free and was usually unrestrained.
When Is a Dog Owner Not Responsible for a North Carolina Dog Bite?
The dog owner is often legally responsible for recovery costs after a dog bite incident, but there are a few exceptions.
- If the victim was trespassing at the time of the bite, a dog owner may be off the hook. However, in most cases, a delivery driver is understood to have permission to enter a property to deliver a package that the residents ordered or had received.
- If the victim provoked the dog, the dog owner may be excused from liability. It’s highly unlikely that delivery drivers would provoke dogs that might cause them injury.
In North Carolina, if victims are found to share even a tiny bit of fault in what happened, they are not able to sue the dog owner. If the delivery driver was assigned even 1% of the fault, recovering compensation would usually be impossible.
Who Can Be Liable When I’m Bitten by a Dog While Making Deliveries in NC?
A skilled Asheville dog bite lawyer can fully investigate what occurred and the dog owner’s responsibility. Others may also be on the hook to help the victim.
These are just a few of the parties that might be liable for a dog attack on a delivery driver:
- Dog Owners. The dog owner’s homeowners or renters insurance provider would usually be responsible for providing support for a delivery driver’s medical bills and other hardships.
- Landlords. It’s possible that a landlord who was made aware of a dangerous dog and a careless tenant could also be liable. If a property management company failed to evict a resident who had allowed a dog to threaten others, the property owners may be liable.
- Workers’ Compensation. In North Carolina, work accident victims can file claims with the North Carolina Industrial Commission. A delivery driver who suffers a dog bite can file a claim and get support for their medical bills and lost paychecks, but not everyone receives the same level of care. A skilled Asheville Workers’ Compensation Attorney would make sure administrators understood your specific hardships with your bite injury and the challenges you’ve faced. Our skilled attorneys can often secure more on your behalf and for a longer coverage period.
- Delivery Employer. In some circumstances, a driver’s employer would be held liable for the victim’s medical bills and lost paychecks while they aren’t able to work. Employers like Amazon, FedEx, and Walmart make plenty of money off of each dropoff. It’s only right that they support employees who are hurt as they perform their job duties. In some cases, a dog owner’s insurance protection may not cover all of he damages the delivery driver suffered. An Asheville Dog Bite Lawyer also has courtroom experience and would be ready to file a lawsuit if a company or even a federal agency like the USPS refused to support their employees.
An attorney working on your behalf could uncover evidence and show that an employer ignored your safety and forced you to enter a dangerous situation. You may have voiced prior concerns about the dog and the address. If the delivery company had knowledge of issues at a home or business from previous drivers and deliveries, it could be powerful evidence to show they are responsible for the consequences of asking employees to return.
Delivery Driver Dangers in Western North Carolina
Drivers for companies like Amazon and FedEx can be asked to make some long-distance deliveries in the mountains in and around Buncombe County. Delivery drivers may have to travel long driveways.
A mail carrier may have passed by yards that seem to barely contain protective dogs. Drivers might also be bitten when a homeowner opens a door and accidentally sets a dog free.
When homeowners or businesses order items, they must make the way safe for any driver who will have to enter the address to drop off a delivery. Unfortunately, some dog owners don’t properly confine their dogs to yards or in kennels to make it safe to approach a front door. It’s a common risk for USPS Mail Carriers and other delivery drivers.
In fact, North Carolina ranks in the top ten for states with the most dog bite incidents involving USPS drivers. According to USPS accident figures, our state ranked at number 10 out of all states with 169 cases in 2024. California led all states with 701 incidents. Texas was second with 438 dog bites on USPS employees.
What Types of Things Can Earn Support for a Delivery Driver Dog Bite Victim?
It’s no mystery why dog bite victims struggle to return to work quickly after a dog bite. Dogs can target a delivery driver’s hands and arms. A broken finger or arm fracture could make it hard for victims to drive and carry packages. A dog’s teeth may sink into a mail carrier’s ankle or thigh to cause prolonged mobility problems.
A Melrose Law legal representative would get aggressive to make sure our client received support for current damages and any medical care that may be necessary in the months ahead.
Our skilled attorneys would negotiate to make sure these and other damages were all compensated in a dog bite settlement check:
- All future and current Medical Expenses.
- Support for nerve damage.
- Support to repair scarring and disfigurement damage.
- Support for physical therapy when the victim needs to learn to walk normally again or to use an injured limb
- Support for delivery drivers who suffer a permanent disability and can’t return to their previous jobs. Melrose Law would ask for a lifetime of support for the victim or force the company to provide a job that was more suitable to the victim’s capabilities.
- The reimbursement of lost wages and the benefits victims lose out on while they can’t work.
- Support for the pain victims go through and may continue to experience
- Support to overcome emotional trauma, including PTSD symptoms from a scary dog attack.
- Wrongful Death support for families who lose a loved one to a dog bite
Protection for Jobs and Positions: Our team would also work tirelessly to preserve the victim’s position and job during such a difficult time. If a company tried to fire an injured delivery driver or demote them simply due to the consequences of a dog bite, we would file a lawsuit and seek justice for our client.
Contact an Asheville Dog Bite Attorney
Your Melrose Law lawyer will fully investigate your accident and the dog owner responsible. The evidence gathered can make a big difference in the outcome of your case and the level of support you and your family receive. If your employer also needs to share in the blame, we can file claims against companies like Amazon, UPS, and Walmart.
If you or a loved one has been injured in a dog bite attack in Asheville, Waynesville, or anywhere in Western North Carolina, please give us a call for a free case evaluation. This call is “no strings attached,” and there is no obligation to hire us if you decide to give our office a call.
There’s also no stress about paying a lawyer if you decide you need one. Melrose doesn’t get paid unless we win your case for you. Then our fee comes out of the settlement check that a dog owner’s insurer must send you.
Additional Resources:
Support for Amazon Drivers Bitten by Dogs
