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P. Simmons
P. Simmons, Attorney
Category: Personal Injury Law
Satisfied Customers: 32789
Experience:  16 yrs. of legal experience.
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I have a dog and I use a wireless collar to keep him contained

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I have a dog and I use a wireless collar to keep him contained in my yard. I get my UPS packages delivered next door to my sons house, so there is no danger of anybody getting bitten. The other day I had a delivery came and I walked over towards the truck and the driver got out and the dog followed me up to the boundry which is close to the driveway of sons house. Driver turned and ran back into truck and was not bitten, but the dog did run at him aggressively. Now he's filed a claim with his workman's comp insurance for a "strained leg" Should I fight this or try to settle this case without turning it over to my homeowners.
Thanks for the chance to assist on this matter. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question

The standard for this will be "was the driver in reasonable apprehension (fear) of your dog"

In other words, was it reasonable for him to be afraid of getting bit.

If so? Then you are likely liable for any injuries suffered.

If not? Then you would not be liable.

THe court will use what is called "the reasonable person standard"...basically the look at the facts and determine if a person in the same circumstances would likely be afraid? Then the driver has a case.

A few examples

Say that your dog was a toy poodle, and the driver was wearing boots and denim would not be reasonable to have fear causing a run that leads to a strain....on the other hand, if your have a larger dog, and an average person would be put in fear by a charge...or even a small dog if the person was not wearing protection on their legs/feet? That could put someone in fear.

BotXXXXX XXXXXne: the ability of the driver to collect will depend on if they can claim they were reasonably in fear...if they can? Then you can be held liable.

Customer: replied 3 years ago.

He jumped back into his truck, and I asked if he was ok, and he said yes. How do I know he didn't go home and hurt his leg, (if it's really hurt) while playing basketball or some other way?

good question Ma'am....if this went to trial, the lawyer for the insurance company would be able to go through discovery to try and figure that out. But the fact is, if he is lying, it may be tough to prove it, unless there is a witness to impeach him (for example, if someone saw him later that day playing tennis, etc)

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