Dog bites are common in Pennsylvania and many involve people who visit a home to perform a job. Package delivery is one of the most common situations where a person enters private property for a lawful purpose. UPS drivers, FedEx drivers, Amazon drivers, postal workers, food delivery workers, and local couriers all enter homes and businesses every day. When a dog bites a delivery driver, the injury raises two questions. First, who is responsible for the medical treatment. Second, whether the injured worker has the right to seek compensation for losses that go beyond medical care.
This guide explains how Pennsylvania treats dog bites, how workers’ compensation applies, and how a third party claim may help an injured delivery driver recover additional damages. It also explains what steps a delivery driver should take after a bite and how a law firm can help. Shenderovich, Shenderovich and Fishman, P.C. has represented many injured workers and understands the specific issues that arise in delivery driver dog bite cases.
Delivery Drivers Are Lawful Visitors Under Pennsylvania Law
A delivery driver who walks onto private property in Pennsylvania is a lawful visitor. The person has the right to enter the property to complete a delivery. This status is important. A property owner owes a duty to keep lawful visitors safe from known hazards. A dog that can bite is a hazard, and the owner has a responsibility to keep the dog under control.
Pennsylvania treats dog bites under both statutory rules and general negligence principles. This means a delivery driver may have more than one legal avenue after a bite. The exact options depend on the severity of the bite, the circumstances of the incident, and the conduct of the dog owner.
Strict Liability for Medical Costs in Pennsylvania
Pennsylvania’s Dog Law (3 P.S. § 459-502) makes dog owners strictly liable for the medical costs of a person who suffers a dog bite or attack. Strict liability means the injured person does not need to prove that the owner acted carelessly. It does not matter whether the dog had a past history of aggression or whether the owner believed the dog was safe. If the dog caused an injury, the owner is responsible for medical bills.
Strict liability covers medical treatment only. It does not cover pain and suffering, lost income, future care, or scarring. Those losses may be available through a separate claim when the facts support negligence or when the injury meets the definition of a severe injury.
For a delivery driver, strict liability helps with the immediate medical bills. This can include emergency care, stitches, x-rays, follow-up appointments, infection treatment, and other related medical needs.
Seeking Full Damages Requires Proof of Negligence or a Severe Injury
If the delivery driver wants damages beyond medical bills, the claim must fit one of two paths. The first path is a negligence claim. The second path is a severe injury claim.
A negligence claim requires proof that the dog owner failed to act with reasonable care. Examples include:
- letting a dog run loose when the owner knows visitors may arrive
- ignoring local leash rules
- failing to secure a dog with a known history of aggression
- opening the door without controlling the dog
- allowing a dog to roam the yard without a fence or tether
Many delivery drivers are bitten at the front door when a dog rushes out. Others are bitten when a dog is left loose in a yard or behind a poorly secured fence. When a dog owner fails to take simple steps to protect a visitor, the owner may be liable for a broader range of damages.
A severe injury claim does not require proof of negligence. Under Pennsylvania law, a severe injury is one that results in broken bones or disfiguring lacerations that need multiple sutures or cosmetic surgery. In these cases, the injured person may seek recovery for pain and suffering and other losses.
Both paths can apply in a delivery driver case, and the facts will dictate the best strategy. Shenderovich, Shenderovich and Fishman, P.C. reviews each case in detail and determines the strongest legal approach.
Workers’ Compensation Also Applies to Delivery Driver Dog Bites
A dog bite that occurs while a delivery driver is working is a workplace injury. The driver can file a workers’ compensation claim with the employer. Workers’ compensation covers reasonable medical care and a portion of lost wages if the injury prevents the driver from working. It also covers specific loss benefits if the injury affects function or causes permanent impairment.
Workers’ compensation does not cover pain and suffering. It also does not hold the dog owner accountable. This is why many delivery drivers have two potential claims: a workers’ compensation claim and a third party claim against the dog owner.
The two claims do not conflict. In fact, they often work together. Workers’ compensation provides medical care and wage replacement while the third party claim covers losses that workers’ compensation does not pay. This includes scarring, long-term pain, emotional distress, and other damages.
A third party claim may also reimburse the workers’ compensation insurer for medical bills paid on behalf of the employee. An experienced law firm knows how to handle this issue and ensure that the injured worker receives the full amount of compensation allowed by law.
Common Injuries in Delivery Driver Dog Bite Cases
Dog bites vary in severity. Some involve punctures and tearing. Some cause broken bones in the hand or arm when the driver tries to defend against the dog. Others leave deep wounds that lead to infection or scarring.
Common injuries include:
- puncture wounds
- torn tissue
- lacerations in need of stitches
- broken bones (often fingers or hands)
- nerve damage
- infections, including cellulitis
- scarring and disfigurement
- psychological trauma following an attack
These injuries affect a driver’s ability to work and may require significant medical care. Early treatment and documentation are important for both workers’ compensation and the third party claim.
What a Delivery Driver Should Do After a Dog Bite in Pennsylvania
A clean process after the incident helps protect health and legal rights. The following steps are important.
1. Seek medical care
A dog bite can lead to infection in a short period of time. A doctor will clean the wound, check for tendon or nerve involvement, and determine whether the driver needs antibiotics or a tetanus shot. Medical records also create clear documentation of the injury.
2. Report the incident
The driver should report the bite to the employer, which starts the workers’ compensation process. The driver should also contact local animal control or the police when appropriate. These reports often help identify the dog, confirm vaccination status, and note prior incidents.
3. Gather evidence
If possible, the driver should take photographs of the wound, the yard, the delivery location, and the dog. A photograph of the door, gate, or fence can help show how the bite occurred. The driver should also get the names of any witnesses, including neighbors or co-workers.
4. Avoid discussions with insurance companies
Insurance adjusters may call early and request statements. These statements can affect the claim. Speaking with a lawyer before giving any statement protects the injured worker.
5. Contact a personal injury lawyer
Dog bite cases involving delivery drivers often include multiple insurance policies and two legal systems: workers’ compensation and personal injury law. A lawyer with experience in both areas will guide the driver through the process and protect the right to full compensation.
Who May Be Liable for a Delivery Driver Dog Bite in Pennsylvania
Liability can extend to more than one person depending on the property and the dog’s living arrangement. The dog owner is the primary responsible party. In some cases, the property owner may also share responsibility.
Examples include:
- a tenant’s dog that bites a delivery driver in a rental home
- a landlord who knew a dangerous dog lived on the property and failed to act
- a dog that lives with multiple people who share custody and control
- a homeowner who allows a visiting relative’s dog to roam the property
Each case requires a careful review. Shenderovich, Shenderovich and Fishman, P.C. investigates all possible sources of liability to maximize recovery for the injured worker.
The Two Year Statute of Limitations in Pennsylvania
A dog bite claim must be filed within two years from the date of the injury. This deadline applies to personal injury claims. Workers’ compensation deadlines are different, but they also require prompt action. Delay can harm a claim and limit the damages available. This is another reason to consult a lawyer as soon as possible after the incident.
How Shenderovich, Shenderovich and Fishman, P.C. Helps Delivery Drivers After Dog Bites
A delivery driver faces a unique set of challenges after a dog bite. The driver may have physical injuries, lost income, and stress related to time away from work. The driver may also have concerns about workers’ compensation, third party claims, and how these systems overlap.
Shenderovich, Shenderovich and Fishman, P.C. focuses on personal injury cases in Pennsylvania and handles dog bite claims on a regular basis. The firm understands the rules that apply to strict liability, negligence, and severe injuries. The firm also understands how to coordinate workers’ compensation benefits with a third party claim to secure full compensation.
The firm reviews the facts, gathers evidence, works with medical providers, negotiates with insurance companies, and prepares each case with care. Delivery drivers deserve clear guidance and strong representation. Shenderovich, Shenderovich and Fishman, P.C. provides this support.
Dog Bite Cases Involving Delivery Drivers Need Careful Legal Attention
A delivery driver who suffers a dog bite in Pennsylvania has important rights under state law. Strict liability covers medical bills. Workers’ compensation covers workplace injuries. A third party claim may provide full damages when the injury is severe or when the dog owner failed to act with reasonable care. These cases benefit from a clear strategy and prompt legal guidance. If you are a delivery driver who suffered a dog bite while working, contact Shenderovich, Shenderovich and Fishman, P.C. for a free consultation. Call the firm today to learn your options and protect your right to full compensation.
