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Posted: 4/15/2024 10:16:22 AM EDT
[#1]
Quote HistoryOriginally Posted By MattyMattel: I was right. Amazon doesn't have any drivers. The drivers work for a DSP, Delivery Service Provider, basically a captive contractor. And after the FedEx fiasco, those drivers are employees of that DSP, no 1099 BS going on anymore. I imagine Amazon has an in-house WC program to keep costs down. I also imagine you'll be contacted too. Where it goes from there is anyone's guess. Yup. WC claim handler will look for 3rd party subrogation from OP's insurance company. Whether it is Amazon or their driver cut out company or whatever separation from liability they use. This of course doesn't address the dog but the driver's medical costs and any loss wages due to the injury. |
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Posted: 4/15/2024 10:16:47 AM EDT
[#2]
Quote HistoryOriginally Posted By Kent: "Ordered"? Maybe not. But it could be required that you put it down or get rid of it in order for your homeowners or other liability insurance to continue. And that's no idle threat. It used to be that insurance would cover the 1st bite incident. But after that, if that dog ever bit anyone again, you'd have ZERO liability coverage. Someone sued you for a million dollars because your dog bites them ... you're on your own. I doubt the situation has become more lenient since then. Quote HistoryOriginally Posted By Kent: Originally Posted By wyomingnick: Highly doubt that. Minor bite on the hand on your own property? You aren't going to be ordered to put it down. "Ordered"? Maybe not. But it could be required that you put it down or get rid of it in order for your homeowners or other liability insurance to continue. And that's no idle threat. It used to be that insurance would cover the 1st bite incident. But after that, if that dog ever bit anyone again, you'd have ZERO liability coverage. Someone sued you for a million dollars because your dog bites them ... you're on your own. I doubt the situation has become more lenient since then. Possible but could always switch policy to new carrier. |
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USA
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Posted: 4/15/2024 10:18:02 AM EDT
[#3]
I don’t have any experience as a delivery driver, but if I saw a fenced in yard with dog sign then I would leave the package outside the fence.
On the flip side, OP knew he had a packages being delivered that day and failed to secure his dog. |
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Posted: 4/15/2024 10:23:27 AM EDT
[#4]
Quote HistoryOriginally Posted By LnWlf: I don’t have any experience as a delivery driver, but if I saw a fenced in yard with dog sign then I would leave the package outside the fence. On the flip side, OP knew he had a packages being delivered that day and failed to secure his dog. Dog was secured. The driver entered the secured space. |
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Posted: 4/15/2024 10:35:21 AM EDT
[#5]
@Gulftanker
I haven't seen anyone talk about the statute of limitations, but you're going to want to know exactly what it is (I think its 2 years in CO), and put that in your calendar now. If nothing major comes out of this in the next few weeks, that's the date that matters. I can assure you that plenty of personal injury claims are filed right at the end, so you're not completely home free until that date passes. |
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TX, USA
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Posted: 4/15/2024 10:35:42 AM EDT
[#6]
I guess it depends if your state has the one bite rule or strict liability
The Texas One-Bite Rule Explained The Texas One-Bite Rule is a legal principle that determines when a dog owner can be held liable for injuries caused by their pet. Stemming from the landmark case of Marshall v. Ranne in 1974, the rule posits that a dog owner is only liable for bite injuries if they knew or should have known that their dog had aggressive tendencies or a history of biting. In essence, the rule suggests that every dog gets “one free bite” before the owner can be considered aware of the pet’s propensity for harm. This doctrine may seem to offer a shield for dog owners, but it also underscores the importance of being vigilant about a dog’s behavior. Once a dog has demonstrated aggression, the owner is expected to take reasonable steps to prevent future incidents, or they could face liability for any harm the dog causes. Legal Implications of the One-Bite Rule Under the One-Bite Rule, establishing owner liability hinges on the dog’s history. If a dog has previously bitten someone or shown signs of aggression, and the owner was aware of this behavior, they could be held responsible for subsequent bites. Conversely, if the dog has never exhibited aggressive behavior, or if the owner was unaware of any such tendencies, the rule may not apply. It’s important to note that the One-Bite Rule does not preclude victims from seeking compensation based on other legal grounds, such as negligence. |
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USA
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Posted: 4/15/2024 10:41:33 AM EDT
[#7]
Quote HistoryOriginally Posted By batmanacw: Dog was secured. The driver entered the secured space. If the OP knew someone was entering his property that day, was it really secure? |
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Posted: 4/15/2024 10:43:28 AM EDT
[#8]
Quote HistoryOriginally Posted By batmanacw: Dog was secured. The driver entered the secured space. OP receives packages inside “secure” area. I guess OP knows they come in to deliver and doesn’t add anything to the delivery instructions or secure the gate, worse, he keeps ordering things while he is fully aware of this. |
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MN, USA
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Posted: 4/15/2024 10:46:48 AM EDT
[Last Edit: MetalChef]
[#9]
Consulting with a lawyer in your state who handles injury cases is a smart move at this point.
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Posted: 4/15/2024 10:47:45 AM EDT
[#10]
Quote HistoryOriginally Posted By Gspointer: OP receives packages inside “secure” area. I guess OP knows they come in to deliver and doesn’t add anything to the delivery instructions or secure the gate, worse, he keeps ordering things while he is fully aware of this. With a dog who never bit anyone before....the driver had the information to choose to enter. People in this thread are why I don't live in cities or towns. |
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Posted: 4/15/2024 10:48:21 AM EDT
[#11]
No idea what you are in for but I would likely wait and see if there is a response.
It would not be a bad idea to update your delivery instructions to note there is a dog there but most likley they already have that in the system. The random Amazon guys ask us where the dogs are if their insane barking is not present during a delivery. They had us in the system as a 'dog house' without us knowing till they asked about them and mentioned we had a note. Chances are they already knew about your dog. |
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Posted: 4/15/2024 10:52:22 AM EDT
[#12]
Quote HistoryOriginally Posted By batmanacw: With a dog who never bit anyone before....the driver had the information to choose to enter. People in this thread are why I don't live in cities or towns. I don’t live in a city or town either, I do live in reality and I think the OP will have a very hard time in court making the delivery driver liable for the OP’s negligence in not controlling his dog that he apparently admits is aggressive. Perhaps all of the other deliveries were left on the sidewalk? |
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Posted: 4/15/2024 10:58:11 AM EDT
[#13]
Following just to hear the outcome.
My neighbors dog bit a delivery driver (can't remember if it was Amazon, UPS, etc) and nothing came of it, but I don't think blood was drawn. Ironically, they have an Australian Shepard as well. Those dogs can be assholes. |
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CT, USA
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Posted: 4/15/2024 11:15:12 AM EDT
[Last Edit: ranging-by-zipcode]
[#14]
Sounds like the driver was cool about it after it happened but that doesn't mean anything. This is probably what's going to happen. If he's young he will mention it to family member. parents etc.. and they will say lets call a personal injury lawyer because it's probably a quick 10 or 20 grand your home owners insurance will write a check for. Once punture marks and blood is drawn believe me the guys hand doesn't feel today like it did yesterday. It's probably sore as shit and probably not driving or working today. He is calling an attorney. and it's going to depend on how long he stays out from work. Pain and suffering etc.. but insurance compaines pay dog bites with no arguments and its an easy case for a attorney
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PA, USA
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Posted: 4/15/2024 11:20:20 AM EDT
[#15]
Quote HistoryOriginally Posted By ranging-by-zipcode: Sounds like the driver was cool about it after it happened but that doesn't mean anything. This is probably what's going to happen. If he's young he will mention it to family member. parents etc.. and they will say lets call a personal injury lawyer because it's probably a quick 10 or 20 grand your home owners insurance will write a check for. Once punture marks and blood is drawn believe me the guys hand doesn't feel today like it did yesterday. It's probably sore as shit and probably not driving or working today. He is calling an attorney. and it's going to depend on how long he stays out from work. Pain and suffering etc.. but insurance compaines pay dog bites with no arguments and its an easy case for a attorney For fucks sake this is not how workers comp works. |
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FL, USA
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Posted: 4/15/2024 11:20:21 AM EDT
[#16]
dog is gonna be put down
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Posted: 4/15/2024 11:21:29 AM EDT
[#17]
Quote HistoryOriginally Posted By 1Coyote-conquest: WTF! This is why ins and medical cost what it does. You always have these people out for money. Pathetic Quote HistoryOriginally Posted By 1Coyote-conquest: Originally Posted By Scalped: Personally, if a dog bit me while I was delivering a package on their property, I'd visit an injury lawyer asap. People really need to learn how to control their stupid dogs. WTF! This is why ins and medical cost what it does. You always have these people out for money. Pathetic No they are high because of irresponsible DOG owners. I worked service for almost 50 years. Homeowners knew I would be coming to their home(they made the appointment). I was bit 3 times, all by dogs that "Never bit anyone before" You would be surprised or not at the number of people who as their mutt is barking and trying to get at me gave me a hard time when I asked then demanded they lock up said mutt before I would enter. Always the same spiel "He, she, it Has never bit anyone before". I vowed after the 3rd bite that if there was a number 4 said homeowner would be sued for as much as I or a lawyer could get. Roy |
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CT, USA
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Posted: 4/15/2024 11:25:52 AM EDT
[#18]
Quote HistoryOriginally Posted By LittleBigHorn: For fucks sake this is not how workers comp works. Dude workers comp doesn't cover pain an suffering at all Only missed time off and medical bills |
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PA, USA
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Posted: 4/15/2024 11:28:54 AM EDT
[Last Edit: LittleBigHorn]
[#19]
Quote HistoryOriginally Posted By ranging-by-zipcode: Dude workers comp doesn't cover pain an suffering at all Only missed time off and medical bills Quote HistoryOriginally Posted By ranging-by-zipcode: Originally Posted By LittleBigHorn: For fucks sake this is not how workers comp works. Dude workers comp doesn't cover pain an suffering at all Only missed time off and medical bills  I see you’re licensed for WC in Colorado. This thread is honestly laughable. OP, don’t do a single thing until you’re contacted, and that’s an if you’re contacted. Don’t stress this at all. *wife directly deals with UPS WC across many regions. |
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CT, USA
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Posted: 4/15/2024 11:30:39 AM EDT
[#20]
Quote HistoryOriginally Posted By LittleBigHorn: I know you just learned something new today 
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PA, USA
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Posted: 4/15/2024 11:31:42 AM EDT
[#21]
Quote HistoryOriginally Posted By ranging-by-zipcode: I know you just learned something new today Quote HistoryOriginally Posted By ranging-by-zipcode: Originally Posted By LittleBigHorn: I know you just learned something new today Dude, seriously, you and the vast majority of posters in this thread are so off track and wrong that it’s just odd. |
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Posted: 4/15/2024 11:36:30 AM EDT
[#22]
 What Scottish Terrier does to Amazon Prime Delivery Person Didn't do nothing, was alive for 3 years after that video. |
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Posted: 4/15/2024 11:36:59 AM EDT
[#23]
Quote HistoryOriginally Posted By engineer201: Expect a call from Amazon seeking to determine a way forward. They will be less interested in liability and more interested in ways to prevent in future. Most likely you will be asked for a reassurance that dog is confined and/or a request to have a package drop box installed at gate going forward. Amazon is still interested in preserving a customer. Worse case you will have UPS deliver a day late from now on…but I doubt that would happen here. You can't be serious. I've sent amazon's "incident response team" 4k footage of a courier cutting open an envelope and swiping an xbox game from 5 feet in front of the camera. Half dozen emails back and forth, they could give a shit less. The only advantage of no longer paying for Prime is stuff takes 4-5 days, and it's been 100% handled by the USPS, whom oddly fucks up significantly less in my small town. The amazon guy won't have a choice in the matter. The moment he reports it to anybody, it gets run up the flag pole and will be completely out of his hands and into those of WC / Insurance / Amazon / etc. |
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CT, USA
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Posted: 4/15/2024 11:37:58 AM EDT
[#24]
Quote HistoryOriginally Posted By LittleBigHorn: I see you’re licensed for WC in Colorado. This thread is honestly laughable. OP, don’t do a single thing until you’re contacted, and that’s an if you’re contacted. Don’t stress this at all. *wife directly deals with UPS WC across many regions. You still don't get it workmans comp has nothing to do with him hiring a personal injury lawyer. I'll say it again workmans comp HAS nothing to do with pain and suffering and negligence ...do you understand that now. |
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PA, USA
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Posted: 4/15/2024 11:39:13 AM EDT
[Last Edit: LittleBigHorn]
[#25]
Quote HistoryOriginally Posted By ranging-by-zipcode: You still don't get it workmans comp has nothing to do with him hiring a personal injury lawyer. I'll say it again workmans comp HAS nothing to do with pain and suffering and negligence ...do you understand that now. Quote HistoryOriginally Posted By ranging-by-zipcode: Originally Posted By LittleBigHorn: I see you’re licensed for WC in Colorado. This thread is honestly laughable. OP, don’t do a single thing until you’re contacted, and that’s an if you’re contacted. Don’t stress this at all. *wife directly deals with UPS WC across many regions. You still don't get it workmans comp has nothing to do with him hiring a personal injury lawyer. I'll say it again workmans comp HAS nothing to do with pain and suffering and negligence ...do you understand that now. So you are licensed in CO and handle WC every day, especially in cases such as the OP’s? Oh wait, it’s quite obvious you aren’t and don’t. |
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CT, USA
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Posted: 4/15/2024 11:42:08 AM EDT
[Last Edit: ranging-by-zipcode]
[#26]
Quote HistoryOriginally Posted By LittleBigHorn: So you are licensed in CO and handle WC every day, especially in cases such as the OP’s? Oh wait, it’s quite obvious you aren’t and don’t. I am 100% correct in my post It's comical when you just realize you were wrong and won't admit it . Have a good day 
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Posted: 4/15/2024 11:45:50 AM EDT
[#27]
Quote HistoryOriginally Posted By tsg68: Dog was on private property, fenced and posted. What the fuck else do you want? Private property on which OP invited a third party contractor to perform a hired and scheduled service..... You think it's different if I call a plumber, he says he'll be by this afternoon sometime, then gets bitten by my dog as an expected invitee? Mkay lol |
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PA, USA
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Posted: 4/15/2024 11:48:20 AM EDT
[Last Edit: LittleBigHorn]
[#28]
Quote HistoryOriginally Posted By ranging-by-zipcode: I am 100% correct in my post It's comical when you just realize you were wrong and won't admit it . Have a good day Quote HistoryOriginally Posted By ranging-by-zipcode: Originally Posted By LittleBigHorn: So you are licensed in CO and handle WC every day, especially in cases such as the OP’s? Oh wait, it’s quite obvious you aren’t and don’t. I am 100% correct in my post It's comical when you just realize you were wrong and won't admit it . Have a good day It sucks when people like OP come looking for real world advice and 99% of the replies are completely wrong with no experience behind them, most based on emotion and knee jerk fantasy reaction. This is a big board, it might suck for you to hear, but there is access to actual experienced people in many fields and you don’t have to make ridiculously wrong posts. Hopefully OP can sort through that nonsense. |
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Posted: 4/15/2024 12:11:17 PM EDT
[#29]
Lots of people saying OP is screwed because of the Beware of Dog sign being an admission you got a vicious dog. Depends on the state. I'm no lawyer, but there are laws covering this out there. Colorado and Florida are the two states that mention signage in their dog bite laws.
link: https://www.animallaw.info/topic/table-dog-bite-strict-liability-statutes This is what it has when you scroll down to Colorado: A dog owner shall not be liable: if the person bitten is unlawfully on public or private property (trespassing) if the person bitten is on property of the dog owner and the property is clearly and conspicuously marked with one or more posted signs stating "no trespassing" or "beware of dog" the dog is being used by a peace officer or military personnel in the performance of duties the person knowingly provoked the dog the person is a veterinary health care worker, dog groomer, humane agency staff person, professional dog handler, trainer, or dog show judge acting in the performance duties the dog is working as a hunting dog, herding dog, farm or ranch dog, or predator control dog on the property of or under the control of the dog's owner C. R. S. A. § 13-21-124 |
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KY, USA
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Posted: 4/15/2024 12:16:53 PM EDT
[#30]
@Aimless
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Posted: 4/15/2024 12:22:54 PM EDT
[#31]
Well, that was a nice looking dog.
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Posted: 4/15/2024 12:36:11 PM EDT
[#32]
Don't talk to anyone about it who calls or shows up at your house, could be an investigator working for a lawyer.
Also you could have the town get after you |
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Posted: 4/15/2024 12:37:07 PM EDT
[#33]
OP
hope everything works out doggo is certainly handsome and looks friendly but doggo is a biter and/or acts aggressively and you now know it act accordingly ps. are there any kids around your home who might stick their HANDS or FACE near the fence to pet the cute dog, is there a potential for doggo to get out..etc |
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Posted: 4/15/2024 1:01:58 PM EDT
[#34]
Quote HistoryOriginally Posted By Gulftanker: Australian Shepherd / Husky mix. About 30 pounds. https://www.ar15.com/media/mediaFiles/338569/F2BD981C-DEEA-4B2F-A9E2-13FCC2745E57-1780542.jpg Both aggressive and bitey by nature in my experience. A good boot to the dog may have prevented this thread. |
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CT, USA
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Posted: 4/15/2024 1:02:29 PM EDT
[#35]
Quote HistoryOriginally Posted By Aimless: Don't talk to anyone about it who calls or shows up at your house, could be an investigator working for a lawyer. Also you could have the town get after you Maybe the guy will be cool about it and not hire a personal injury a lawyer ...you never know but sometimes how they feel after they are bitten to how they feel the next day can change . Especially if the person talks to family members and they convince him to hire a personal injury lawyer . |
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MI, USA
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Posted: 4/15/2024 1:03:03 PM EDT
[#36]
Worked Fedex ground for 4 years, as a retirement job.
What's the last thing a driver hears, before they get bit. My dog doesn't bite. Bit 3 times, nothing serious. |
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NC, USA
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Posted: 4/15/2024 1:08:39 PM EDT
[#37]
Quote HistoryOriginally Posted By LittleBigHorn: It sucks when people like OP come looking for real world advice and 99% of the replies are completely wrong with no experience behind them, most based on emotion and knee jerk fantasy reaction. This is a big board, it might suck for you to hear, but there is access to actual experienced people in many fields and you don’t have to make ridiculously wrong posts. Hopefully OP can sort through that nonsense. what was ridiculously wrong? He said the driver could choose to hire a personal injury lawyer. That could occur separate from any WC activity that may or may not occur. |
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Posted: 4/15/2024 1:17:50 PM EDT
[#38]
Quote HistoryOriginally Posted By Gspointer: I’m not sure the beware of dog sign will be helpful. I would expect you to be liable for medical costs and lost time at work IANAL but I agree. Could argue that a "beware of dog" sign indicates that you know the dog is a problem and should have stronger restrictions to keep the dog away. |
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Posted: 4/15/2024 1:20:41 PM EDT
[#39]
Quote HistoryOriginally Posted By LittleBigHorn: I see you’re licensed for WC in Colorado. This thread is honestly laughable. OP, don’t do a single thing until you’re contacted, and that’s an if you’re contacted. Don’t stress this at all. *wife directly deals with UPS WC across many regions. Ask your wife how the employers workman’s comp will prevent the driver for filing a civil suit against the homeowner/homeowner insurance for pain and suffering? I doubt the driver would sue, but I wasn’t aware of a clause in workman’s comp that prevented an injured party from suing a third party that has nothing to do with the employers liability regarding injury during work. |
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Posted: 4/15/2024 1:22:23 PM EDT
[#40]
Quote HistoryOriginally Posted By DV8EDD: what was ridiculously wrong? He said the driver could choose to hire a personal injury lawyer. That could occur separate from any WC activity that may or may not occur. Apparently when you are employed by a company with WC insurance, you surrender your right to sue a third party for pain and suffering. |
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TX, USA
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Posted: 4/15/2024 1:32:10 PM EDT
[#41]
Replace beware of dog with NO TRESPASSING
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CT, USA
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Posted: 4/15/2024 1:33:05 PM EDT
[Last Edit: ranging-by-zipcode]
[#42]
Quote HistoryOriginally Posted By Gspointer: Apparently when you are employed by a company with WC insurance, you surrender your right to sue a third party for pain and suffering. Not true what you're referring to is a form every major company has you sign that the companies insurance or if the company self funds their workers comp like many fortune 100 companies do they can attach what ever payment the company has to pay for the weeks you were out on workers comp and any medical bills they paid on your behalf if there is a settlement the personal injury lawyer receives for his client . Hypothetical ...driver is out 3 weeks ..the company can recover the 3 weeks of comp pay plus if the driver has a medical bill.. after that that's it ..that's all the company receives. That's all that is........ you do not give up your right to hire a personal injury lawyer |
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Posted: 4/15/2024 1:38:39 PM EDT
[#43]
Quote HistoryOriginally Posted By ranging-by-zipcode: Not true what you're referring to is a form every major company has you sign that the companies insurance or if the company self funds their workers comp like many fortune 100 companies do they can attach what ever payment the company has to pay for the weeks you were out on workers comp and any medical bills they paid on your behalf if there is a settlement the personal injury lawyer receives for his client . Hypothetical ...driver is out 3 weeks ..the company can recover the 3 weeks of comp pay plus if the driver has a medical bill.. after that that's it ..that's all the company receives. That's all that is........ you do not give up your right to hire a personal injury lawyer I think you’re wrong. That other guys wife works workman’s comp. |
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CT, USA
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Posted: 4/15/2024 1:39:55 PM EDT
[Last Edit: ranging-by-zipcode]
[#44]
Quote HistoryOriginally Posted By Gspointer: I think you’re wrong. That other guys wife works workman’s comp. I'm not ETA one other thing a company will have determinations on is permanent scaring if you're injured on the job . That is a table that is pretty much standard by workers comp insurance companies . I forget how much it is but it's not that much per inch . Once the company pays the driver that That is also deductible from any settlement he can receive. Again this does not take away the right for the driver to hire a personal injury attorney |
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Posted: 4/15/2024 1:45:25 PM EDT
[#45]
Quote HistoryOriginally Posted By ranging-by-zipcode: I'm not Where does your wife work? |
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KY, USA
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Posted: 4/15/2024 1:48:57 PM EDT
[#46]
Quote HistoryOriginally Posted By Gspointer: I think you’re wrong. That other guys wife works workman’s comp. Quote HistoryOriginally Posted By Gspointer: Originally Posted By ranging-by-zipcode: Not true what you're referring to is a form every major company has you sign that the companies insurance or if the company self funds their workers comp like many fortune 100 companies do they can attach what ever payment the company has to pay for the weeks you were out on workers comp and any medical bills they paid on your behalf if there is a settlement the personal injury lawyer receives for his client . Hypothetical ...driver is out 3 weeks ..the company can recover the 3 weeks of comp pay plus if the driver has a medical bill.. after that that's it ..that's all the company receives. That's all that is........ you do not give up your right to hire a personal injury lawyer I think you’re wrong. That other guys wife works workman’s comp. You know we used to have rules around here. If a wife was mentioned, then a pic of said wife was required. |
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TX, USA
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Posted: 4/15/2024 1:49:24 PM EDT
[#47]
Quote HistoryOriginally Posted By Gspointer: Where does your wife work? Pics or it don't matter |
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USA
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Posted: 4/15/2024 1:52:11 PM EDT
[Last Edit: HecklerKac]
[#48]
Nvm
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CT, USA
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Posted: 4/15/2024 1:56:00 PM EDT
[#49]
Quote HistoryOriginally Posted By Gspointer: Where does your wife work? I worked for a fortune 100 company for 30 years and was involved in workers comp cases ..union contract negotiations for way too long retired now |
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USA
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Posted: 4/15/2024 1:57:41 PM EDT
[#50]
Quote HistoryOriginally Posted By batmanacw: With a dog who never bit anyone before....the driver had the information to choose to enter. People in this thread are why I don't live in cities or towns. Nope. Don’t get to play that card. You know who you are dealing with. Delivery drivers (no offense) are not CEO’s nor contract lawyers. They are probably not educated, may not be able to read and are under the gun to deliver with no delays and no claims of not dropping the package off. I grabbed a package and then driver said he still had to take a photo on the porch as his GPS would claim he didn’t deliver and he got docked. Unless you had a box or table with a sign saying leave packages here, the onus is on your to secure your dog. No other way about it. Sorry |
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