Badly bitten by dog while getting signature from owner...

rod

Retired 22 years
Run- don't walk- to the nearest lawyer. Don't settle for anything less than $3,000. $3,000 is the least I have ever heard of where a dog bit a UPS driver and the driver turned in a claim on the dog owners homeowners policy. My brother-in laws insurance company paid $5,000 to the parents of a little girl his dog bit. (After I had told him a dozen times it would bite and he insisted it wouldn't). Once again it sounds like management dropped the ball- this time on how a dog bite case should be handled. Too busy juggling numbers no doubt. Dog bites should always be reported to law enforcement.
 

Coldworld

60 months and counting
UPS would sue the garbage company for the loss of the package car. Since the company is also contractually required to transport the body of the deceased to a local funeral home, it could sue for those expenses also.

It would be up to the widow to sue for damages due to lost wages, loss of companionship, emotional distress etc. To my knowledge, the company does not carry any sort of life insurance on behalf of the drivers; however my Union Local 162 does provide $25,000 of free life insurance to its members and I believe it pays double in the event of an accidental death. Other locals may or may not offer similar benefits.

could the widow sue for lost wages even if they would be receiving pension and ssi especially if they had dependents under 18. I wonder if the company being sued could use that as a defense???
 

soberups

Pees in the brown Koolaid
could the widow sue for lost wages even if they would be receiving pension and ssi especially if they had dependents under 18. I wonder if the company being sued could use that as a defense???

I'm not a lawyer, but if we assume that the "garbage truck" that hit me was at fault then they cant use whatever pension or ssi my wife gets as a "defense". They would be legally obligated to make my wife whole for the financial loss suffered as a result of my death.

If I died today, the pension plan I am enrolled in would pay her just under $2K per month for the rest of her life, based upon my years of service and PEER 80 status. Thats $24K per year, and she would have to provide her own medical insurance. $24K per year with no medical equates to less than 1/3 of the total compensation that I contribute to our household on an annual basis. Our kids are both over 18 so there would be no SSI at all. I carry enough life insurance to cover the rest, but that would have no effect on the liability owed by whoever negligently caused my death.
 

WyoBrown

Well-Known Member
Wow...thanks for your comments! I should have made that call to the authorities myself, lesson learned. I have great pics that my "on car" took at the ER...they will be put to good use.
 

UpstateNYUPSer(Ret)

Well-Known Member
You mentioned in your OP that you were concerned that suing the homeowner could create an awkward situation for subsequent deliveries. The homeowner needs to realize that this is not personal and that his inability to control his dog caused you serious injury for which you deserve to be made whole. If he is unable to then pass along Dilli's suggestion on the will call to your center team.

Thank you for not posting the pics here.
 

soberups

Pees in the brown Koolaid
You mentioned in your OP that you were concerned that suing the homeowner could create an awkward situation for subsequent deliveries. The homeowner needs to realize that this is not personal and that his inability to control his dog caused you serious injury for which you deserve to be made whole. If he is unable to then pass along Dilli's suggestion on the will call to your center team.

Thank you for not posting the pics here.

+1 The homeowner created the awkward situation by failing to live up to his/her responsibilities as a pet owner. If you sue and they get pissy, you can simply refuse to deliver there anymore, or they can use will call. It doesnt have to be your problem.

I wanna see pics! Show us the blood and gore!
 

helenofcalifornia

Well-Known Member
Me too. I wanna see the pictures. And why would you even be concerned about the homeowner? If I was still on that route and had a package for that address, that package would be dropped off at the end of the drive, inside a fence or in a mailbox. I would never go to that door again and no one could fault me for it. $5000 in California automatically. Get the homeowners policy number and start legal action. This is not a frivolous case.
 

Old International

Now driving a Sterling
Not only would I go to court, but I would put that dog on my "run over" list. If the dog makes it into the roadway, he is dead. I solved a lot of problem dogs that way on my route.
 

CharleyHustle

Well-Known Member
this is just a bit off topic, but what would happen if a driver was killed in the line of duty, clearly the other vehicles fault...lets say a garbage truck. Would ups sue the garbage company on behalf of the drivers widow, since they were on duty or am I totally off base here....or would insurance cover it all. Does ups have insurance on the drivers?????just curious although a bit sad to have to ponder....


Nowadays, most companies, and I believe UPS is one, carry a life insurance policy on their employees. If you die, even while not on the job, they collect. If for no other reason than deferring the cost of replacing you.
 

bumped

Well-Known Member
In Virginia all dog bites must be reported by law, if you get treated for a dog bite at the ER the medical staff are required to report it to animal control. Dogs get once chance here, if they get reported a second time they get the needle.


This is also the same by me except the 2nd chance part. I was bit, and the police asked me if I wanted to have the dog put down or not. I chose not to have the dog put down, but the insurance company told the homeowners to either get rid of the dfog or have their insurance dropped.

A fellow driver was bit so bad that he had lost time at work. UPS helped the driver sue the homeowners. I'm not sure if UPS directed the driver to a lawyer or what, but the driver did win the case. After the lawyers fees were paid UPS wanted their lost money back also for the driver being out.
 

UpstateNYUPSer(Ret)

Well-Known Member
This is also the same by me except the 2nd chance part. I was bit, and the police asked me if I wanted to have the dog put down or not. I chose not to have the dog put down, but the insurance company told the homeowners to either get rid of the dog or have their insurance dropped.

A fellow driver was bit so bad that he had lost time at work. UPS helped the driver sue the homeowners. I'm not sure if UPS directed the driver to a lawyer or what, but the driver did win the case. After the lawyers fees were paid UPS wanted their lost money back also for the driver being out.

Was this a separate case or did they take it out of the award given to the driver?
 

UPSF Peeon

Well-Known Member
didnt the dog owner get UPS's pamplet on the 57 keys to opening a door without letting a dog escape or the 43 keys to using a leash?
 

WyoBrown

Well-Known Member
Interesting re: UPS getting compensated after a settlement however, Ive been told that workers comp would be paid back upon getting any kind of settlement. I have secured an attorney btw and he has informed me that as my leg begins to heal...I will see a plastic surgeon who will determine what it will cost to fix the scarring and that will help determine what an acceptable settlement will be. If we dont like the numbers then we still have an excellent case to sue. I hope it doesn't come to that.
 

dilligaf

IN VINO VERITAS
Interesting re: UPS getting compensated after a settlement however, Ive been told that workers comp would be paid back upon getting any kind of settlement. I have secured an attorney btw and he has informed me that as my leg begins to heal...I will see a plastic surgeon who will determine what it will cost to fix the scarring and that will help determine what an acceptable settlement will be. If we dont like the numbers then we still have an excellent case to sue. I hope it doesn't come to that.
Good, that should send a clear message to the owner to take care of their responsibilities with their animal. More than likely not. The insurance company will not want to risk a higher settlement through a lawsuit. It is clearly the homeowners fault. They will settle out of court and promptly and immediately drop the homeowners coverage.
 

deepsouthmamaw

Well-Known Member
Was makeing a delivery and a small dog came up behind and startled me. He was growling and snarling I was near porch dropped pkg turned to face animal strated swinging at it with diad as I backed away towards the gate. Homeowner came out and I thought oh good she will help me. Instead she started screaming at me for throwing her pkg on the porch. I said lady could you help me she said he won't bite. I made it out the yard barely, without a bite. Was really shaken. Customer called in a complaint. Explained at work was still written up for throwing a pkg. Needless to say I don't go in the yard any more. I will be trying to get will call for pkgs. first thing when I get back to work.
 

rod

Retired 22 years
I had a half dozen or so stops on my route that I refused to get out at. Lay on the horn- wait about 30 seconds-- start to pull away slowly. 9 times out of 10 the customer would come running to get their pkg. Momma didn't raise no fool . You have a mean dog-you come to me for your package.:peaceful:
 

dilligaf

IN VINO VERITAS
Was makeing a delivery and a small dog came up behind and startled me. He was growling and snarling I was near porch dropped pkg turned to face animal strated swinging at it with diad as I backed away towards the gate. Homeowner came out and I thought oh good she will help me. Instead she started screaming at me for throwing her pkg on the porch. I said lady could you help me she said he won't bite. I made it out the yard barely, without a bite. Was really shaken. Customer called in a complaint. Explained at work was still written up for throwing a pkg. Needless to say I don't go in the yard any more. I will be trying to get will call for pkgs. first thing when I get back to work.

That kind of stop, I just drop it over the gate and let the owner come and get it. Unless the dog has actaully bitten, you probably will not get a will cal on that stop. We only have 1 or 2 will calls for dog bites and they were serious attacks.

I delivered to 1 stop that had a lot of dogs in the yard. I had been to this house a lot and knew not to go in the yard. There were kids in the yard so I knew some one was home and I honked as I drove up. I didn't want to leave the pkg outside the fence because of the proximity to the street. I hollered a couple of times and got no response from the kids or parents so I figured, oh well. I dropped the pkg over the fence and the dogs had it before it hit the ground. :knockedout:
 
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