In an article in The Journal News on February 27, 2015 by Jorge Fitz-Gibbon, he points out that mailmen are fighting back. A U.S. postal mail carrier is suing a dog owner claiming a woman’s dog bit him. Our firm has handled many postal worker dog bite cases. The claim in the case reported that an Australian Shepherd’s owner allowed their dog “to roam free” on the property and to come into contact with the mail carrier. The article points out that “homeowner’s need to be careful that they don’t create situations that can be hazardous to people like mail carrier, UPS workers, Fed Ex delivery people who may be coming to their home on a regular or even irregular basis”,

The claim was that the daughter was unloading groceries from her car, left the front door open to the house and allowed the dog to be in the front yard unleashed and unguarded. The article points out that 5581 mail carriers of the U.S. Postal Service were bitten by dogs in 2013 and 5900 mail people in 2012 which is a small percentage of the 4.5 million dog bites reported nationwide.

On our webpage, in the practice area under “Dog Bites/Animal Attacks” we point out that the animal that bites you must have prior vicious propensities except for specific breeds that the Court will consider automatically to have vicious propensities (pit bulls, Doberman pincher, German shepherd, etc.) Examples of prior propensities would be actual attacks, growling, jumping and the dog being uncontrolled around other animals. You should check with the local authorities, dog wardens for prior bites. The owner of the dog may have violated local laws or the New York State Agriculture Laws which can carry criminal remedies against the dog owner. After a dog bites the first time, a dog owner must post “Beware of Dog” warning signs and muzzle and leash the dog when it leaves its owner’s property. These laws are enforced by local Justice Courts and Municipal Attorneys in a quasi criminal proceeding. The result of these proceedings can be used in a personal injury case against the dog owner.

The law firm of Dominick J. Robustelli & Associates, PLLC represents many postal workers, Federal Express workers and UPS workers as well as regular pedestrians who are bit by dogs for personal injuries. Call us at our White Plains Office in Westchester County at 914 288 0800 or our Monroe Office in Orange County at 845 782 9571 or our toll free number at 800 727 7084.

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