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  1. #11
    Join Date
    Oct 2006
    Posts
    13,867

    Default Re: UPS Driver Broke personal phone on my driveway

    Quote Quoting adjusterjack
    View Post
    A key element of negligence law is "proximate cause." (You can look it up.)

    The proximate cause of the phone dropping was the dog attacking, not that the phone was in the driver's hand.

    Suppose the driver was delivering a package of dishes when the dog attacked and he dropped the package. It's the dog attack that is the proximate cause of the damage.
    Barking may or my not be provable as an attack. Someone like a UPS guy or a mailman or anybody like that should be prepared for something like a barking dog.

  2. #12
    Join Date
    Oct 2016
    Posts
    1,262

    Default Re: UPS Driver Broke personal phone on my driveway

    Quote Quoting llworking
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    Barking may or my not be provable as an attack. Someone like a UPS guy or a mailman or anybody like that should be prepared for something like a barking dog.
    The OP wrote
    My dog ran up to him barking...
    A reasonable person would be scared by that. UPS drivers can't read a dog's mind.

  3. #13
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    97,262

    Default Re: UPS Driver Broke personal phone on my driveway

    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.

  4. #14
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    23,023

    Default Re: UPS Driver Broke personal phone on my driveway

    Why did the driver have his personal phone out while he was making a delivery?

  5. #15
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    97,262

    Default Re: UPS Driver Broke personal phone on my driveway

    Quote Quoting cbg
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    Why did the driver have his personal phone out while he was making a delivery?
    Why would it matter?

  6. #16
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    23,023

    Default Re: UPS Driver Broke personal phone on my driveway

    I'm not sure that it does - I'm just wondering about personal liability.

  7. #17

    Default Re: UPS Driver Broke personal phone on my driveway

    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

  8. #18
    Join Date
    Apr 2017
    Posts
    10

    Default Re: UPS Driver Broke personal phone on my driveway

    Quote Quoting adjusterjack
    View Post
    Besides, how do you define attack?

    A barking dog suddenly runs up to you, that's an attack.
    I don't get it. Why do you say it's an attack? Is it the because the dog ran up to him? Is it the bark? Are both required to constitute an attack? What if it's a poodle puppy? What if my toddler ran up to him screaming?

    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?

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