Whether or not a court would find for the driver will depend upon facts not known to us -- the past behavior of the dog, the size of the dog, the dog's behavior at the time of the incident, its size and weight....
With some dogs, and at times with the same dog, one approach may seem like excessive friendliness, while another may reasonably seem like the dog is about to attack.
Why did the driver have his personal phone out while he was making a delivery?
I'm not sure that it does - I'm just wondering about personal liability.
If i was forced to feed my family by doing a dangerous job like delivering packages past innumerable attacking dogs every day, id have MY phone in my hand so i could record evidence of an attack, should it take place, instead of being ridiculed back at the office for being scared of dogs. O.o. The delivery guy has reasonable expectation of permission to be there so its not trespass. To be honest, and i sympathize with the dog owner- the dog is sadly one single additional episode away from being forced to be put down, given this past encounter, all thats required for an injured party in my county to require its destruction is that it attack, not that it attack *successfully . Sadly, OP must be verrry careful to keep such a situation from occuring , to protect his pet . If OP cant get a fence put up, some kind of restraint seems indicated. Good luck sir, i think if you can mollify the ups guy, you'd be money ahead, to do so however you can. Maybe offer to help with screen replacement? Should be cheaper than a whole phone at least :S
If a dog ran up to me barking, I certainly wouldn't call it an "attack". Wasn't the dog just being a good watchdog?