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U.S. Postal Workers and Dog Attacks

Are dog attacks still a significant risk for both postal employees and children?

Los Angeles is the second-most dangerous city for dog attacks against letter carriers in the U.S. Dogs, over time, will view uniformed mail carriers as a threat because the mail carrier leaves six days a week, every time after the dog barks. Over time, the animal feels validated that the mailman or woman is a threat because the dog thinks it “protected” its home by scaring off the intruder. So, over time, dogs can view the mail carriers’ uniforms as a potential threat.

So, our uniformed letter carriers have good reason to be cautious when they hear or see a barking dog. And since June 14-20, 2020, is all about dog bite prevention week, I thought I would share my thoughts as a Los Angeles lawyer who helps postal workers attacked by domesticated animals. Man’s best friend is a crucial companion for millions nationwide. However, dogs also represent one of the highest injury risks for:

  1. Young children. (This figure includes children living within the household itself).
  2. Elderly visitors.
  3. U.S. postal workers are walking on their mail routes.

Attacks against mail delivery people in Los Angeles have seen their fair share of media coverage. Most of us have seen the mostly white postal truck with its right-hand steering wheels parked along residential streets. Postal workers pull over, grab their mailbags, and start walking the shoulder of the roads and paths at a brisk pace. And this has been their job for ages since the inception of the Pony Express.

But occasionally, Rover, Fido, and a pack of dogs get loose from a neighbor’s yard. Female dogs in heat can especially make male dogs jump fences and dig holes to get a chance at mating. And when something like that happens, uniformed postal workers are rarely not perceived as a threat to dogs. After all, being the ancestors of wolves, canines are territorial by nature.

Most postal employees know if they run, they will get nipped or bitten in the buttocks or ankle, thrown to the asphalt and ripped apart, or worse. So, these government employees are trained to stand their ground and defend against the attack if possible.

How U.S.P.S. Campaigns Like “Be Alert: Prevent the BITE” Can Helping Reduce Dog Attacks Against Postal Delivery People

Most mail delivery personnel will carry mace or some dog repellent. But no amount of pepper spray can stop every determined canine from attacking. Furthermore, certain breeds are far more likely to attack, leading to caution.

Such strains of dogs are much more likely to attack. These breeds tend to maim or, in some cases, even kill compared to other domesticated dogs. The United States Postal Service (U.S.P.S.) is ringing in National Dog Bite Awareness Week with all this in mind.

What Do the 2020 U.S. Postal Service Dog Attack National Rankings Say?

There is good news for U.S. postal workers in 2020. According to the U.S.P.S., attacks on postal workers by dogs have dropped annually since 2017. In 2019, attacks against mail people substantially decreased by almost 200 episodes from 2018.

However, the 5,803 dog attacks in 2019 represent a whopping 400 fewer attacks than in 2017. That is a significant drop that contributes to the safety of postal workers and civilians. One way the U.S.P.S. is helping to avoid dog attacks is through education and public outreach programs.

Also, it has made its list of the most dangerous cities with the most reported canine assaults against letter carriers. Tips and educational neighborhood outreach like this have assisted in preventing injuries to these essential government employees who we count on to deliver our mail, rain, sleet, or snow.

“Even during these difficult times, it’s important for our customers to understand that letter carriers are still coming to homes daily and need to deliver mail safely,” said USPS Safety Awareness Program Manager Chris Johnson. “We are confident we can keep moving the trends of attacks downward, and ramping up overall awareness for everyone is the best way to do that.” (Chris Johnson USPS)

Tips and Technology for Letter Carriers to Stay Safe.

According to Johnson, technology supports carrier safety in two ways: mobile delivery devices and handheld scanners carriers use to confirm customer delivery. It includes a feature to indicate the presence of a dog at an individual address. The Informed Delivery service alerts customers to mail and packages coming to their homes, allowing them to plan for the carrier’s arrival by securing their dogs safely.

Some Steps Letters Carriers Learn to Mitigate a Dog Assault

Both dog owners and workers can achieve a safer neighborhood by: 

  • Crate or keep your dog apart from any rooms, allowing your dog access to the front entry when receiving packages or letters while opening your door.
  • For example, workers may not even drop your mail if they see a snarling dog behind a sliding glass door.
  • Dogs are powerful and can often leap and shatter a large windowpane. So now, rather than get your mail, you get a visit from your local animal control or even an L.A.P.D. The detective will be investigating you for attempted murder charges. Just keep your dog away from making aggressive actions against the mailman, simple.
  • Letter carriers and dog owners should avoid letting the family pet see the mail carrier take or hand letters back and forth. Especially in their homes, dogs could view this physical activity as an attack on their owner. If so, the dog will likely go for your hand, causing potentially long-term damage or worse.
  • The Post Office usually warns homeowners, but your packages will be available for pickup at some point. So now you will have to drive to the postal office, wait in line, show your ID, and waste a lot of time to get your mail. Watch the video in support of U.S.P.S. carrier Dog Bite Prevention here.

Even when all parties take extra precautions, a postal worker risks being bitten by a dog. And if so, this innocent worker could suffer life-threatening injuries to their person.

Remember, dog bites can involve shredded muscles, destroyed nerves, facial and other bodily disfigurements, permanent adhesions, and more. Dogs are known to lunge at heads, shoulders, necks, arms, hands, and other parts of your torso, neck, legs, arms, and torso. Trust me, the last thing you want is a dog taking a bite out of you.

What are the Most Dangerous Cities for a Dog Attack Against a Postal Worker?

Dogs attacked a total of 5,803 USPS employees in 2019. The top 20 rankings comprise 30 cities, as some towns reported the same number of attacks:

How Does Your City Rank For 2019 Postal Employee Dog Attacks?

Houston, Texas, has the most dog assaults against letter carriers. But my city, L.A., ranks second, with 74 attacks. So, it makes sense that letter carriers would be more alert here and have the technology to warn them of areas where loose dogs are present.

City State 2019
HOUSTON TX 85
LOS ANGELES CA 74
CHICAGO IL 54
CLEVELAND OH 51
DALLAS TX 40
COLUMBUS OH 35
PHILADELPHIA PA 34
TOLEDO OH 32
DENVER CO 30
SAN DIEGO CA 29
BALTIMORE MD 29
LOUISVILLE KY 28
SAN ANTONIO TX 28
FORT WORTH TX 27
DETROIT MI 26
CINCINNATI OH 26
SACRAMENTO CA 25
KANSAS CITY MO 25
EL PASO TX 25
MEMPHIS TN 24
PHOENIX AZ 23
ST LOUIS MO 22
ALBUQUERQUE NM 22
LONG BEACH CA 21
JACKSONVILLE FL 21
INDIANAPOLIS IN 21
CHARLOTTE NC 21
SEATTLE WA 21
MINNEAPOLIS MN 20
DAYTON OH 20

A national map with statistics for each city can be accessed at this link. For more data related to your area, contact your local U.S.P.S. Corporate Communications professional. Check out our dog bite law blog for more info on dog bite risks, such as the most dangerous breed and reporting dog attacks.

We can also assist you in cases where you were hit or injured by a postal truck or other vehicles on your delivery route. Call our attorneys at (213) 596-9642 about how we can help you get money for your troubles

Victim Rights After a Dog Bite Attack

Understanding Your Dog Assault Rights and Responsibilities 101

Victim Rights After a Dog Bite AttackThe aftermath of a terrible dog bite attack may be confusing and complicated. You are already injured, and now you have to face both medical treatment and a possible legal battle. You should consider your legal rights and the best path forward. Furthermore, your actions will affect whether a dangerous dog can attack more individuals. Of course, the first thing you should do is seek out medical attention. However, after that, the best idea is to contact a legal expert, like the trusted attorneys at the Ehline Law Firm, Personal Injury Attorneys, or APLC.

Dog Assaults and Civil Liability

The owner or handler of the dog in question carries specific legal responsibilities. These are even more severe if the owner does not properly care for, train, or restrain the dog.

This includes:

Strict Liability for Trespass

There is 100% liability on the dog’s keeper if it enters into the injured party’s property.

Inherently Dangerous Animals

Furthermore, dog owners are strictly liable even if they don’t know that the animal is dangerous. An improperly trained dog or one that has attacked before is a particular case. The owner must keep the general public safe from dangerous animals.

Negligence and Attacking Dogs

This is more of a gray area than the above examples, but just as relevant. Owners who do not adequately leash or restrain their animals will likely be responsible. This is the case in public places where the owner brings the dog. Furthermore, each owner has a scale of duty, depending on how reckless their actions are. This includes allowing the dog off the leash in public or not restraining it at home. In addition, particular care could be needed for animals of certain breeds, such as pit bulls or Rottweilers.

Determining Your Rights After a Dog Attacks

Your rights start even before the animal attack. If you are not acting recklessly, the dog bite’s responsibility falls primarily on the owner. Contact us for more info on your next move, such as medical treatment and clamming up without a lawyer talking for you. Our trusted law firm has handled hundreds of similar cases– and makes the same promise each time. We will help you in your hour of need so you can receive an award of substantial compensation. If you don’t win, we don’t ask for a penny.

San Bernardino Dog Ownership Laws

Understanding the Dog Laws of San Bernardino County

If you have a dog or are considering getting one, you should be abreast of the local municipal ordinances statutes where you reside. We’re reviewing the Animal Laws and Welfare from the San Bernardino County Public Health Department.

Licensing Your Dog in San Bernardino County.

From the County licensing laws. All dogs four months and older must be licensed by the County. When the dog reaches four months, the County requires owners to license dogs within 15 days of arriving at home. Dogs not spayed or neutered cost $96 for one year, $192 for two years, or $288 for a three-year license. Dogs unable to be spayed or neutered are eligible for lower-cost licenses. If a vet signs off, license fees drop to $24 annually.

A spayed or neutered dog costs the same annually for a license. However, there are discounts for paying for years in advance—$42 for two years and $54 for three. Seniors and disabled residents also qualify for reduced pricing. In this case, dog licenses are $12 per year. Late permits come with a $20 fee.

What are San Bernardino’s County Rules Regarding Leashing and Tethering Dogs?

We get this information from the County’s leash and tether laws. According to County Ordinance 32.0108, all animals must be adequately restrained in a car or cage. If a dog gets loose, the County can impound it. Furthermore, the owner must pay a reclaiming fee if a dog is impounded. In addition, the County requests that all dogs cannot exit a vehicle when riding in it.

All dogs should be leashed or tethered even when on your property. Dogs tethered to an object such as a tree, fence, or another stationary object for more than 3 hours per day is a violation of the California State Health and Safety Code, seen below:

No person shall tether, fasten, chain, tie, or restrain a dog, or cause a dog to be tethered, fastened, chained, tied, or restrained, to a dog house, tree, fence, or any other stationary object.

In addition, the state recommends using a mobile restraining system, like a trolley line, to keep your dog exercised and mobile. As you can see, San Bernardino has an extensive set of dog ownership laws. Feel free to surf our site to learn more about San Bernardino County Dog Bites.

San Diego’s “Dangerous Dog” Laws

Understanding San Diego County’s Hodge Podge of Dog Bite Laws

Although each city in San Diego has local ordinances, San Diego County has created a County-Wide dog nuisance and dangerous breed law scheme. To better understand the legal ramifications of dog bites, dog bite lawyer Michael Ehline will review the salient points from the San Diego County Department of Animal Services.

What is San Diego’s Definition of a Nuisance or Dangerous Dog?

A Public Nuisance Animal has repeatedly violated state and local laws, obstructed, damaged, or inconvenienced the community, or injured or killed another animal.

A Dangerous Dog has:

  • Attacked or bitten two people within 48 months
  • Attacked or bitten any person, causing substantial injury or death

What Duties and Obligations Exist In Case of a Dog Bite?

You must notify the County Department of Animal Services if your dog bites someone. (San Diego County Code 62.615) By law, the dog must be quarantined for ten days from the bite date, and the manner of the quarantine is at the discretion of County Animal Services. So, if this is your dog’s first reported minor bite of a person, the government may not impound your dog.

But quarantine shall be required even if your dog has a current rabies vaccination. However, you may be allowed to quarantine the dog at your home if you have a secure enclosure that will isolate the dog from other people and animals during the quarantine period. But if you fail to keep the dog separated, you can be charged with a misdemeanor, and the dog could be impounded for the remainder of the quarantine period. No matter what, the dog cannot be released until County Animal Services approves. Their animal control staff will contact you after the quarantine to see if your dog is healthy and is not showing signs of rabies.

Restrictions on Nuisance or Dangerous Dogs

  • It is obtaining and maintaining liability insurance.
  • The building or purchasing specified fencing and using certain restraints and muzzling.
  • I was getting the dog microchipped and having photo identification.
  • We are altering the dog.
  • We require a special registration and possibly other restrictions.

Furthermore, the County requires owners to keep dogs leashed at home. In addition, when away from home, owners must restrain their dogs with a leash no longer than six feet. The person must control the dog. While in a motor vehicle, the dog must be denied so that it does not hit the car or fall out. Each rule exists for a specific purpose.

So, if you remain unsure about the role of law, contact the County Dept of Animal Services. Furthermore, each dog is a unique case. The dog must be registered with the County. Hopefully, you learned more than you knew before about San Diego’s dangerous dog breed laws. To learn more about nationwide dangerous breeds and statistics, go here.

Texas Ranks 3rd in the Nation for Dog Bites: Is Texas Dog Bite Law Different from California

Texas Ranks 3rd in the Nation for Dog Bites: Is Texas Dog Bite Law Different from California
Texas Ranks 3rd in the Nation for Dog Bites: Is Texas Dog Bite Law Different from California

According to State Farm Insurance, Texas ranked third in the country for the most dog bites, making it a severe threat to mail carriers and other Texan residents.

The Lone Star state had 236 dog bite claims in 2012, and insurance companies paid out $4.3 million in compensation for dog bite injuries. This puts the state next to California and Illinois, the top two states for the most payouts for dog bite claims.

Dog bites can cause long-lasting injuries and severe emotional trauma to the victim. Ehline Law and our California and Texas dog bite attorneys help injured victims fight for their rights and recover the compensation they deserve.

Contact us now to learn more about your rights as an injured victim.

Texas Ranks 3rd in the Nation for Dog Bites in a 2012 Report: San Antonio, Houston, and Dallas Makes It to the Top 15

The US Postal Service released a report in 2012 listing the top cities in the country with the most dog attacks on postal service employees or letter carriers.

A 2012 insurance report revealed concerning news that three cities in Texas, San Antonio (42), Houston (27), and Dallas (21), made the list of the top 15 cities with the most recorded dog bite incidents.

According to the US Postal Service, the most famous last words before the dog attack were “it won’t bite.”

2016 State Farm Insurance Report Reveals $3.1 Million in Payouts for Dog Bite Injuries

A much more recent 2016 State Farm Insurance report ranks Texas fifth among states with the most dog bite claims, a drop from third place.

In 2016, about 165 claims were made for dog bites, totaling $3.1 million, an average of $33,253 per claim.

Although Texas has twice the population of Illinois, it ranks behind The Prairie State for the highest number of payouts.

You may want to believe that more people mean more dog bite incidents, but that is not the case. Other factors, including the number of dogs, the severity of the bite, and the frequency of contact between dogs and people, contribute to the many attacks in a state.

Children Are the Most Vulnerable, Followed by Mail Carriers

The State Farm’s report also sheds light on the most vulnerable group of individuals, stating that children make up half of the victims of dog bites, followed by letter carriers and older people.

In 2016, 6,700 postal workers suffered from dog bite injuries across the United States, with 200 more reported attacks than in 2015.

However, if you break down the number city-wise, Los Angeles ranks number one for the most dog attacks, followed by Houston in Texas.

Texas Does Not Have a Civil Statute for Dog Bites

Unlike many states, Texas does not have a dog bite statute. However, that does not mean no one is liable for dog bite incidents in the Lone Star state.

In the 1994 case of Marshall v. Ranne, the court relied on Restatement of Torts section 509, a doctrine that holds an individual responsible for any harm caused by their domestic animal.

The doctrine allows the victim to recover compensation from the dog owner if:

  • The dog has a violent past, either biting someone or acting like it wants to
  • The defendant knew about their pet’s previous conduct.

Texas Supreme Court stated that Texas follows the one-bite rule about injuries arising from dog bites, meaning that the animal’s first bite is “free” regarding the dog owner’s liability.

After the first bite, the dog owner must be careful about their dog’s aggressive nature and take reasonable precautions to ensure that their furry companion does not bite anyone else.

The first bite is a warning, and any other incident following the first event holds the dog owner liable.

Negligence as an Alternative to the One-bite Rule in Texas

In Texas, an injured victim can use negligence law as an alternative to the “one-bite” rule.

For a dog bite claim in Texas under negligence law, the injured victim must show the following:

  • The defendant owned or possessed the dog
  • The defendant had the duty to ensure that their dog did not cause harm to others
  • The defendant breached that duty
  • The breach resulted in injuries to the plaintiff.

If there is a failure to prove any of thements of negligence law, the court will dismiss the case.

Texas personal injury laws apply to dog bites and any other injury from the inter-interacting animal.

Suppose a big dog jumps over a stranger, causing him to fall and break his wrist.

In such situations, the injured victim may pursue a lawsuit against the dog owner for the injury. However, before they can do that, they must show that the dog owners were aware of their dog’s aggressive nature and failed to take reasonable care to prevent harm.

Is There Criminal Liability for Dog Bites in Texas?

Besides civil liability, under Texas Health and Safety Code section 822.005, law enforcement officers may charge the dog owner with a felony if:

  • If the owner is aware of the risks that their dog may bite or harm someone and yet refuses to do anything about it by failing to secure the dog.
  • The owner knows that their pet is a “dangerous” dog, and the animal attacks a person outside a secure enclosure.
  • The person suffers serious bodily injuries or dies.

Defenses for a Dog Bite Claim

When an injured person pursues a dog bite claim against the negligent dog owner, they must prove that the defendant was aware of their dog’s vicious nature.

The defendant can argue that they were unaware of their dog’s dangerous propensities, which can work in their favor, especially if the owner tried their best to control the animal.

Texas is a “modified” comparative negligence state, meaning that the defendant can reduce their degree of fault and pin some blame on the plaintiff, especially if the dog bite incident took place on the dog owner’s property.

They can also argue that the plaintiff was trespassing on their property, meaning they were also partially at fault for the incident.

Schedule a Free Consultation with Ehline Law

Unlike Texas, California has strict liability for dog bites. Under the Civil Code § 3342, the law holds the dog owner strictly liable for any injuries caused to another person, even if the dog has no previous record of aggression or bites.

Pursuing dog bite claims can be challenging in California, especially if the case falls outside California’s strict liability statute. In such situations, the injured victim must present sufficient evidence proving that the dog owner was at fault.

If you suffered dog bite injuries in California, contact us at (833) LETS-SUE for a free consultation with our California dog bite lawyers, as you may qualify for compensation.