Is there any legal recourse whenan appliance delivery/repair mangets bitten by a dog while on the job?

Dog left large bruise and skin was broken. Delivery/repair man was moving a washer at the time.

Asked on March 10, 2012 under Personal Injury, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The delivery/repair person:

1) May be eligible for worker's compensation--an injury on the job.

2) Might be able to sue the homeowner, IF it can be shown that he/she was negligent, or unreasonably careless, in some way--e.g. the dog had bitten others before; the dog had been snarling/growling at the repair person, but the homeowner didn't restrain it; the dog was supposed to be crated or in the backyard, but a door was open and it got in; etc.

Note, however that in a case like this, the repair person can typically only recover actual medical costs and lost wages, if any--the injury, from what is written, is not serious enough to recover pain and suffering. It is therefore extremely unlikely that a lawsuit would be economically justified.


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