Dog Bites Pizza Delivery Man

[artbuc]

What is the name of your state (only U.S. law)? DE

Pizza delivery man knocked on the door. Main door was open but screen door was closed. Resident said to wait while we got the money but delivery man opened the screen door and started to step inside the house. Family dog went after delivery man, chased him out of the house while resident unsuccessfully tried to restrain dog. Dog bit delivery man and medical treatment was necessary. Delivery man wants resident to pay $300 for out-of-pocket medical expenses. Does delivery man share responsibility for this incident because he opened the screen door? Do pizza delivery people have implied invitations to enter a house?

If resident agrees to pay the $300 or if resident and delivery person agree on a lesser amount, can resident ask delivery man to sign a paper releasing resident from all future claims?

Thanks.

 

[ecmst12]

Turn it over to your homeowners insurance. You DID invite the delivery person onto your property when you ordered the pizza.

 

[GotSmart]

I could make all kinds of comments here~~(about the delivery boys leg tasting better than the pizza) Is the property clearly marked about the dog?

The delivery person did not have an invitation to cross the line. BUT, you have a duty to restrain your animal when you call a delivery person on your property for just that reason.

Homeowners insurance. That is why you pay it. $300 is cheap!

Dog was doing its job.

I did a lot of home repairs, and when faced by a dog I would not move. (A moving target is tempting!) I was bit twice. Once when I tripped over the dog, (my fault) and once when the property was not marked. (Pack of dogs.)

 

[artbuc]

$1k deductble on HO's insurance.

Where can I go to get the right words for a waiver releasing the dog owner from all future claims/liability upon payment of the $300?

 

[Banned_Princess]

$1k deductble on HO's insurance.

Where can I go to get the right words for a waiver releasing the dog owner from all future claims/liability upon payment of the $300?

You know what, I began to say that it is easy, but with injuries like dog bites, it might not be possible. Complications could arise. Signed statement or not, sometimes can be thrown out of court if it comes to that. thats what HO insurance is for.

BTW, did you call your insurance company? I'm pretty confident there is NO deductible on liability claims. They may require you to get rid of the dog, or loose coverage (maybe not). but definately they will handle it for you.


anyway...Never hurts to try. "With the receipt of the requested 300.00, and the claimants signature below confirming agreement, claimant releases homeowner (insert names of course) from future monitary claim arising out of claim date and description."

 

[ecmst12]

Nope, the deductible only applies to claims that you make for your own property being damaged. Liability coverage has no deductible.

 

[tammy8]

I would tell this as a friend and not an agent (liability does NOT have a deductible however your insurance could double or be nonrenewed).

What kind of dog is this? Any prior incidents? What was the damage to the delivery person? Small or leaving a scar?

If it was a once in time incident with a non violent type dog and no lasting effects, I would personally pay it out out of pocket and learn to keep your doors locked.

 

[ecmst12]

Would the rates really be affected that much by such a small claim? Especially since it would probably fall under Medical Payments rather then liability, which is a no-fault coverage? Or is it more because of having the poorly-socialized/controlled dog that would affect the rates?

 

[justalayman]

gotsmart posted:

. BUT, you have a duty to restrain your animal when you call a delivery person on your property for just that reason.

the dog was restrained. The pizza guy released the dog from his restraint.

I don't know about you guys but the instant anybody walks into my house without specific invitation, they are liable to get shot. I do not personally know the guys that deliver pizzas to my house. I do not know if they are coming in to rob me. If I want him in the house, I will invite him in. Until that time, he stands outside the door.

I am obviously in the minority but insurance be damned. The guy had no right to enter the house. Technically he was a criminal the instant he opened the door. He got nothing less than he deserved.

Personally, I would have given the dog a steak for being a good dog and protecting the home.

 

[JustAPal00]

the dog was restrained. The pizza guy released the dog from his restraint.

I don't know about you guys but the instant anybody walks into my house without specific invitation, they are liable to get shot. I do not personally know the guys that deliver pizzas to my house. I do not know if they are coming in to rob me. If I want him in the house, I will invite him in. Until that time, he stands outside the door.

I am obviously in the minority but insurance be damned. The guy had no right to enter the house. Technically he was a criminal the instant he opened the door. He got nothing less than he deserved.

Personally, I would have given the dog a steak for being a good dog and protecting the home.

You may have a point, but if you part your hair right no one will notice.

The problem is the dog chased the driver outside. The OP would be best off if he keeps this quiet and pays the claim out of pocket. Get a reciept and be very nice to the driver.

OP, were the police called?

 

[Mass_Shyster]

the dog was restrained. The pizza guy released the dog from his restraint.

This may be the correct analysis. There is strict liability for a dog bite in Delaware, but in a similar case, the plaintiff was told to wait outside while defendant could restrain the dog. Plaintiff came in anyway and was bitten. Bemiller v. Rodriguez, No. 99C-12-002, 2000 Del Super. LEXIS 363, 2000 WL 1611085, (Del.Super.Aug.21, 2000)

The plaintiff's motion for summary judgment was denied because there was a question if the plaintiff was a trespasser.

 

[artbuc]

This may be the correct analysis. There is strict liability for a dog bite in Delaware, but in a similar case, the plaintiff was told to wait outside while defendant could restrain the dog. Plaintiff came in anyway and was bitten. Bemiller v. Rodriguez, No. 99C-12-002, 2000 Del Super. LEXIS 363, 2000 WL 1611085, (Del.Super.Aug.21, 2000)

The plaintiff's motion for summary judgment was denied because there was a question if the plaintiff was a trespasser.

Thanks to all who have answered. I just read Bemiller v Rodriquez. Is the pizza guy a trespasser? This is the key question. He was definitely invited onto the property by virtue of the pizza order. However, he was not invited into the house. In Bemiller, Defendant claimed that Plaintiff was not invited onto his property. After a discussion, P asked to enter D's house to use the bathroom. D said ok but to wait until dog could be restrained but P barged in and was bitten. Because of the dispute of material facts, summary judgment was not awarded.

 

[jack705]

It is very dreadful & panic situation & in such cases circumstantial evidences plays very important role. The owner of the Dog will be liable to pay the injured & give him free medical treatment...

 

[cyjeff]

It is very dreadful & panic situation & in such cases circumstantial evidences plays very important role. The owner of the Dog will be liable to pay the injured & give him free medical treatment...

So.. you are just going to ignore the case law presented?

Your opinion doesn't mean jack.... pun intended.