Can a delivery driver sue for a dog bite?

As delivery drivers go from house to house dropping off packages, they often risk being bitten by a dog. When the dog causes injury because the owner neglected to restrain it,  drivers have the right to sue the owner for the harm they sustained. If you are left wondering when a driver can sue for a dog bite, talk with Tennessee dog bite lawyers from Weir & Kestner Injury Lawyers as soon as possible to ensure that you get the compensation you need to recover.

Who is liable when a dog bites a delivery driver?

According to Tenn. Code § 44-8-413, dog owners are generally responsible for their dogs and the damage they cause. However, the state applies both strict liability and a one-bite rule to dog bites, which can impact the outcome of your case. In cases of strict liability, owners are held responsible whether or not the dog is dangerous, while the one-bite rule holds owners responsible only if they know their dog has a tendency to be aggressive.

In the event that a driver is making deliveries within a residential area when a bite occurs, then the one-bite rule is likely to be applied. If so, an injured driver must show that the owner had knowledge of the dog’s aggressive tendencies. This is especially important if the owner failed to restrain the dog properly and acted negligently or the dog was not provoked when the bite occurred.

Exceptions to dog bite liability

There are a few instances when owners are not held liable for a dog biting another person. Some of the exceptions to the rules include:

• Dogs used by the military or police
• Dogs biting trespassers
• Dogs protecting their owners from malicious intent by another party
• Dogs restrained in an enclosure
• Dogs that have been provoked

Enlist the help of a dog bite lawyer in Tennessee

When choosing to take legal action after a dog bite injury, it is important to hire an experienced lawyer who can advocate and fight for you. They understand the most effective strategies to get results for you and will customize them to your situation. Your lawyer will provide valuable counsel and help you navigate the legal requirements to file your claim. They will also investigate your case and help gather evidence to support your claim.

Since Tennessee enforces both strict liability and the one-bite rule, it is important to discuss your case with a lawyer in detail so they may evaluate it and help you determine what type of case you have. This will affect what legal actions and requirements you must follow and what options are available to you. Once your lawyer has evaluated your case, they will conduct in-depth research and investigation, helping you gather the evidence you need to pursue the maximum amount of compensation for your losses.

Compensation can mitigate your losses

Dog bites can be frightening, painful, and permanently damaging. The medical bills can also quickly add up and leave you at a loss for how to pay for your necessary medical care. To help offset the severity of your losses, three types of damages are available to help you recover monetary and intangible losses alike. These include:

• Economic damages: Compensation that aims to help you cover the cost of your financial losses, such as medical bills and lost income from being out of work.
• Non-economic damages: Compensation designed to help ease your pain and suffering, emotional distress, and any alterations to the quality of your life and ability to enjoy it.
• Punitive damages: Only used in rare circumstances to compensate you for extreme losses and punish the party responsible for your injuries. Talk with your lawyer to see if this type of damage request applies to your case.

File a claim before the statute of limitations expires

If you have been bit by a dog, you must file your claim for compensation within one year of the event. You may lose all future claims to recover your losses if you wait until after the statute of limitations expires. However, it is important to note that your case will be stronger and have a better outcome if you file your claim as close to the event as possible.

Weir & Kestner Injury Lawyers support you in your time of need

When you have been hurt on the job because of a dog bite, Weir & Kestner Injury Lawyers are on your side to ensure you receive the compensation you need to recover from your injuries. We will advocate for you and negotiate a fair settlement. To pursue legal action, contact us online or call us at (615) 220-4180 to schedule your free consultation today.