Dog Bite Claims for Delivery Drivers in Illinois

Top-Rated Dog Bite Lawyers for Amazon Drivers, UPS Drivers, and USPS Mail Carriers in DuPage County, Kane County, and Throughout Illinois

Being a delivery driver can be a demanding job, involving navigating traffic, carrying packages, and often interacting with people’s pets. In Illinois, one of the unfortunate hazards that delivery drivers face is the risk of dog bites. As a delivery driver, you may find yourself at the doorstep of homes where the property owner’s dog feels the need to protect its territory, and you may have limited options with dealing with the delivery and the dog. These situations can lead to serious injuries that have both physical and financial consequences.

The rise of delivery services has led to a surge in independent contractors (also known as “gig workers”) working for companies like Amazon, UPS, Uber Eats, and USPS. According to the Bureau of Labor Statistics (BLS), over 1.5 million delivery drivers are currently employed in the U.S., and this number is rapidly growing. Unfortunately, many of these drivers face an increased risk of dog bites while delivering packages. Compounding this issue, many independent contractors lack the insurance protections provided to employees, leaving them vulnerable to covering medical bills and lost wages when an incident occurs.

Growing Risks for Delivery Drivers

Delivery drivers face unique challenges due to the nature of their jobs, which include encountering unfamiliar dogs regularly. As more people choose home delivery services, drivers are more likely to encounter pets on private property. According to Amazon, its delivery drivers alone made over 5 billion deliveries in 2020, with drivers frequently facing unsafe conditions such as unleashed dogs.

Understanding your rights as a delivery driver when it comes to dog bite injuries in Illinois is crucial. At John J. Malm & Associates, we know that dealing with dog bites as an Amazon delivery driver, a UPS driver, Uber eats contractor, DoorDash driver, Instacart contractor, or even a USPS mail carrier can be difficult and scary. Our team of experienced Illinois dog bite attorneys are here to help you navigate your dog bite claim and get you the compensation you deserve.

Illinois Dog Bite Law: Strict Liability

Illinois follows a strict liability rule when it comes to dog bites, which means the dog owner can be held liable for injuries caused by their dog regardless of whether the dog has shown any previous aggressive behavior. Under the Illinois Animal Control Act (510 ILCS 5/), the law states:

“If a dog or other animal, without provocation, attacks, attempts to attack, or injures any person who is peaceably conducting themselves in any place where they may lawfully be, the owner of the animal is liable for civil damages.”

This statute is particularly beneficial to delivery drivers, as it makes it easier to hold dog owners responsible for injuries caused by their pets. In order to file a successful dog bite claim in Illinois, you must demonstrate the following:

1. The dog attacked, attempted to attack, or caused injury to you.
2. You were lawfully on the property – as a delivery driver, you are considered lawfully present on the property if you are delivering a package or food to the home.
3. You were not provoking the dog – the law also requires that the victim did not provoke the dog in any way that would justify the attack.

The Unique Risks for Delivery Drivers

While dog bites can happen to anyone, delivery drivers face an elevated risk due to the nature of their job. The rise of delivery services for groceries, packages, and meals means drivers regularly encounter new homes and pets. Dogs may react out of fear or territorial instincts when strangers approach their homes.

Some factors that increase the risk of dog bites for delivery drivers include:

• Frequent interactions with unfamiliar dogs: Delivering to different homes every day means drivers are regularly exposed to dogs they have no history with, making it harder to predict the animal’s behavior.
• Unsupervised dogs: Some homeowners leave their dogs outside or fail to secure them when expecting deliveries, creating a greater opportunity for attacks.
• Time pressure: Drivers often work under tight schedules, which might lead to situations where they are less cautious, especially if they are rushing to complete a delivery.

Common Injuries from Dog Bites

Dog bites can range in severity, from minor scratches to life-threatening injuries. As a delivery driver, the type and extent of your injuries may depend on factors such as the size of the dog and the location of the bite. Common injuries from dog bites include:

1. Lacerations and puncture wounds:  Dogs have powerful jaws, and their bites can cause deep puncture wounds, tearing through skin, muscles, and tissues.
2. Infections: Dog bites can introduce bacteria into the wound, leading to infections like cellulitis or sepsis if not treated promptly.
3. Nerve damage: Severe bites may damage nerves, potentially causing long-term or permanent impairment.
4. Broken bones: A large dog may have the strength to crush or fracture bones, especially in the arms or hands.
5. Scarring and disfigurement: Even after healing, dog bite injuries can leave lasting scars, particularly if the bites were on the face or other visible areas.
6. Emotional trauma: Dog attacks can also have psychological effects, leading to conditions like post-traumatic stress disorder (PTSD) or a long-term fear of dogs.

Steps to Take After a Dog Bite

If you’ve been bitten by a dog while delivering packages or food in Illinois, there are critical steps you should take to protect your health and your potential legal claim:

1. Seek medical attention: Even if the injury seems minor, it’s important to see a doctor to ensure the wound is properly cleaned and treated. Dog bites can easily become infected, and untreated injuries can worsen over time.
2. Report the incident: Contact local animal control or law enforcement to report the dog bite. This documentation can be vital for your claim and ensures the authorities are aware of the dangerous dog. You should also report the incident to your employer immediately.
3. Document the injury: Take pictures of your injuries, the location where the incident occurred, and any visible signs of negligence, such as a broken fence or open gate. This evidence can be crucial when building your case.
4. Gather information: Try to obtain the dog owner’s contact information, as well as the names and addresses of any witnesses who saw the attack. These details can help strengthen your claim.
5. Speak to a personal injury attorney: After a dog bite, consulting with an attorney who specializes in personal injury claims is crucial. An experienced Illinois dog bite lawyer can help you navigate the legal process, communicate with insurance companies, and pursue the compensation you deserve.

Filing a Dog Bite Claim in Illinois

In Illinois, you have the legal right to pursue compensation if a dog bites you while lawfully on someone’s property. To do this, you may file a personal injury claim against the dog owner or their homeowner’s insurance. Here’s a breakdown of the compensation you can seek:

1. Medical expenses: This includes costs for emergency treatment, surgeries, physical therapy, and any ongoing medical care related to your injuries.
2. Lost wages: If your injuries prevent you from working, you may be entitled to compensation for lost wages during your recovery.
3. Pain and suffering: In addition to physical injuries, dog bite victims often suffer from emotional distress and trauma, for which you can seek damages.
4. Permanent disability or disfigurement: If the dog bite causes long-term or permanent damage, such as nerve injuries or scarring, you may be entitled to additional compensation for these losses.
5. Future medical care: Severe dog bites may require ongoing treatment, such as reconstructive surgeries, which can be factored into your compensation claim.

Workers’ Compensation vs. Personal Injury Claim

If you are a delivery driver employed by a company (as opposed to an independent contractor), you may be entitled to file a workers’ compensation claim in addition to pursuing a personal injury lawsuit against the dog owner. Workers’ compensation can cover your medical expenses and lost wages, but it generally won’t cover pain and suffering or emotional distress. However, filing a personal injury lawsuit may allow you to recover additional damages.

Determining whether to file a workers’ compensation claim or a personal injury claim—or both—can be complex. Consulting with an attorney is the best way to explore all your options and ensure you receive the full compensation to which you are entitled.

Defenses a Dog Owner May Use

While Illinois’s strict liability laws are favorable to dog bite victims, there are a few defenses that a dog owner may attempt to use to avoid liability. These include:

1. Provocation: If the dog owner can prove that the victim provoked the dog, such as by teasing or threatening it, they may not be held liable for the attack.
2. Trespassing: If the victim was unlawfully on the property at the time of the attack, the dog owner may not be responsible for the injuries. However, as a delivery driver, you are lawfully present when making deliveries.
3. Assumption of risk: The owner may claim that the victim assumed the risk of injury by entering the property or ignoring warning signs about a dangerous dog.

A skilled attorney can help you overcome these defenses and build a strong case for your claim.

Why You Need John J. Malm & Associates for Your Dog Bite Claim

Dealing with the aftermath of a dog bite is challenging, especially if you are juggling medical treatment, time off work, and insurance negotiations. An experienced personal injury attorney can handle every aspect of your case, from gathering evidence to negotiating with insurance companies on your behalf. By having a lawyer in your corner, you maximize your chances of receiving fair compensation and can focus on your recovery.

“A dog attack can leave a delivery driver with painful injuries that may affect their ability to work, earn a living, and maintain their physical and emotional well-being. The fear and uncertainty that follow such an incident can be overwhelming. We are here to help our clients find peace of mind by fighting for justice and fair compensation, allowing them to focus on their recovery.” — John J. Malm

If you are a delivery driver who has been bitten by a dog in Illinois, you have legal rights and options to pursue compensation for your injuries. The Illinois Animal Control Act provides strong protections for dog bite victims, and with the help of the skilled Naperville dog bite  attorneys at John J. Malm & Associates, you can hold negligent dog owners accountable and recover the damages you deserve.

At John J. Malm & Associates, we have extensive experience representing delivery drivers and other individuals injured by dog bites. Contact us today for a free consultation to discuss your case and learn how we can help you navigate the legal process.