Asheville mail carriers bitten while making deliveries can seek help with their medical bills and in supporting themselves and their families while they can’t work. This might include holding a dog owner and the United States Postal Service (USPS) liable for a debilitating injury.
Melrose Law of Asheville stands by drivers and helps them earn support that lasts until they are fully healed and able to return to their delivery routes. We offer all delivery drivers in the Asheville Area a free, no-obligation consultation after a frightening dog attack. 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 While on a Delivery?
If your injuries suffered on the job amount to only a few minor scratches or some 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, especially injuries that would keep mail carriers from doing their jobs, 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. This can result in a complex claim holding a dog owner liable, USPS liable, and, in some cases, NC Workers’ Comp responsible.
Your Asheville USPS dog bite attorney would fully investigate the incident and the dog’s history. Your lawyer would have evidence ready if you were falsely blamed for what happened or if 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.
Can a Dog Owner Be Responsible for a Dog Bite Incident?
If a mail carrier is bitten while on the job, the dog owner is often responsible for the harm done. However, it’s easier to prove the dog owner’s liability if the dog has a record of biting or of bad behavior.
When a dog has bitten someone before or has been declared a dangerous dog by Buncombe County Animal Control, something called “strict liability” is applied. It means the dog owner is held accountable for what happened without question in most cases. With strict liability, the victim doesn’t have to prove that the dog owner was negligent. The victim must simply prove the bite occurred.
There are a few circumstances that might hurt the victim’s case:
- If the victim was trespassing at the time of the bite
- If the victim provoked the dog
Otherwise, victims wouldn’t need to prove negligence and would go straight to the negotiations over how much the dog owner’s homeowners’ insurance owes the USPS worker.
If a dog doesn’t have a history of aggressive behavior, then the victim would have provided more proof of what happened and the dog owner’s carelessness. North Carolina is a “one bite rule” state. It means dog owners aren’t automatically found liable if the dog has never lashed out with a bite previously. But if the owner can be shown to have made a careless mistake that allowed the dog to bite someone, victims can still receive support.
Dogs with no bite history. Proof of negligence on the part of the dog owner would be needed to win the case. A skilled Asheville Delivery Driver Dog Bite Lawyer would investigate and gather evidence to prove carelessness. This might include a violation of NC law or Asheville Codes involving dog ownership. A dog owner may have used too long a leash on a sidewalk, allowing a dog to reach a mail carrier and bite. A homeowner may have kept a dog in a fenced-in yard that wasn’t secure enough to hold a pet.
It’s important to note that anyone who is bitten by a dog in Asheville is required to alert Asheville Police as soon as possible.
Can USPS Be Held Liable for a Dog Bite While I’m Delivering Mail?
Yes. A claim against the federal government would be more complex, but it is possible to file lawsuits against the USPS.
One of the most important tasks for a Melrose Law attorney is to determine who should be responsible for the medical bills and other damages the delivery person suffered. In some cases, multiple parties might have to help support the victim through recovery.
For workers, the first action would be to file a Workers’ Comp claim with the North Carolina Industrial Commission. Unfortunately, not every victim receives the same amount in a weekly check, and they don’t all receive support for the same number of weeks. A skilled Asheville Workers’ Compensation Attorney would make sure administrators understood your specific hardships with your bite injury and the challenges you’ve faced.
If a Workers’ Comp claim was rejected or a dog owner’s insurance policy didn’t provide enough in support, a claim against USPS is possible.
Don’t take this claim lightly, though. The United States Postal Service is a part of the Federal Government and enjoys special protection against lawsuits and claims. You are required to ask permission to file a claim. Workers should report their injuries to a supervisor immediately. Then the employee would have up to 30 days to alert USPS of the intention to file a claim.
A lawyer can help you with this complex process and make sure you don’t miss deadlines. But don’t wait long to speak to a lawyer.
An Asheville Delivery Driver Dog Bite Lawyer would also look into USPS’s safety policies and records. If USPS had forced a mail carrier to return to an address where there had been a dog risk reported previously, the Postal Service might be liable.
If a worker had expressed concerns about an unsafe address and a dog, it may be proof that USPS was negligent and didn’t protect its workers.
Dog Bite Dangers for Buncombe County Postal Workers
Sadly, North Carolina is no stranger to dog attacks on postal workers. In their most recent reports, USPS finds that North Carolina is a top state for dog bite incidents involving its employees.
North Carolina was placed at number 10 for states with the most bites, with 169 cases in 2024. In 2023, our state ranked 8th on the list. California was the state with the most reported incidents both years, with Texas placing second.
In 2022, Charlotte was one of the worst cities for dog bites on mail carriers in the U.S. The city had 21 incidents reported and placed 15th on a list of major cities. Houston and Los Angeles were first and second on that list, respectively.
What Can I Be Compensated for After a Dog Bite?
Melrose Law would demand support for your current damages and any medical care that may be necessary in the future. That should include the cost of surgeries and weeks of physical therapy, especially if an injury flares up months or years from now.
Our skilled attorneys would negotiate to make sure these and other damages were all compensated in a dog bite settlement check:
- Totals on all Medical Expenses and estimates on the care that may be needed in the future.
- Lifetime support for delivery drivers who suffer a permanent disability and can’t return to their previous job duties.
- Support to repair scarring and disfigurement damage.
- Support for the pain victims suffer and may continue to experience
- Support to overcome emotional trauma, including depression from a loss of enjoyment of life due to an injury.
- Support to cope with PTSD symptoms from a scary dog attack.
- The reimbursement of lost wages and the benefits victims lose out on while they can’t work.
- The cost of retraining for a new career if victims can’t return to their former mail carrier positions due to physical limitations.
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 the federal government tried to fire an injured delivery driver or demote them simply due to the consequences of a dog bite, Melrose Law would take legal action.
Contact an Asheville Dog Bite Attorney
Your Melrose Law lawyer will fully investigate your accident and document the hardships it’s caused in your life. 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 USPS.
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.
