Dogs get territorial wanting to protect their home. They sometimes see delivery people as a threat and will become aggressive and bite even when they hadn’t bitten before. When this happens, the delivery person can be sidelined for a while and have to deal with all the financial losses that come with a dog bite.
At Crary, Clark, Domanico, & Chuang, P.S., we understand the frustration that comes with a dog bite injury and we work hard to bet the victim the compensation they need.
Making a Dog Bite Claim
In Idaho, the law requires that a victim prove that the owner of the dog was negligent in failing to prevent the dog from biting the victim. While that’s sometimes hard to prove, there are some circumstances that can help show the owner was negligent.
- Aggressive Dog: A previous serious bite or attack can be used to show that the dog was aggressive. If a dog is deemed aggressive and then bites someone, then the owner is liable for the injuries. The law gives the owner of an aggressive dog a duty to keep it from harming anyone.
- State Law: Idaho bans some dog breeds, and others are considered dangerous and aggressive, and the owner has to keep such a dog from attacking anyone. (See Idaho Statutes Title 25, Chapter 25, Section 25-2810).
- Trespassing Dog: If the dog was trespassing on another person’s property or enters another person’s yard or house and bites or attacks someone, the courts will allow this as evidence to prove that the owner was negligent.
These are just a few ways that an owner can be considered negligent when their dog bites someone. Some have said that in Idaho, you can only get compensation for a dog bite if the dog had bitten someone before.
This isn’t what the law says. The law puts the burden of proof on the victim to prove negligence, and a previous attack on someone would help, but it’s not the only way. Talk to an attorney who can help you understand the law.
Is Your Door a Public Place?
One of the issues with delivery drivers is that they are “invited” by the owner when they ask for a package to be delivered to their home. If a dog bites a delivery driver, an argument can be made that going to the door for a legitimate purpose such a delivering a package, that the owner has a duty to keep that area safe.
What Should I do if I was Bitten by a Dog?
If you are a delivery person and are bitten by a dog, you need to immediately document the incident or report it to your employer or supervisor. If you can, get pictures of the area and even of the dog—if safe to do so. Then, you should talk to a Talk to a Coeur d’Alene Dog Bite Attorney. Call the knowledgeable and experienced attorneys at Crary, Clark, Domanico, & Chuang, P.S., and get someone on your side.
We serve clients in Spokane, WA, Coeur d’Alene, ID, and surrounding communities and can go toe-to-toe with the insurance companies and their lawyers to get you fair compensation for your injuries. Call us at (509) 926 4900, or send us a message by clicking here.