Georgia Legal Guide: Can a Delivery Driver Sue After Being Bitten by a Dog While Delivering a Package?

You Were Just Doing Your Job. Now You’re Dealing with a Dog Bite Injury 

Driving for a delivery company like Amazon, UPS, or FedEx means walking up to dozens of doors every day. You may not think anything about it. What happens when a homeowner’s dog attacks you while you’re doing your job delivering packages? Can you sue the homeowner? What do you need to prove to win your case? 

Georgia delivery drivers ask these questions every day. Dog bite injuries are more common than you might think. Georgia law gives injured drivers a path to recovery, but you must meet certain legal requirements.  

What Does Georgia Law Say About Dog Bite Liability? 

Georgia’s dog bite statute is sometimes called the “dangerous animal liability” law (O.C.G.A. § 51-2-7). The law states that the owner of a vicious or dangerous animal may be liable for dog bite injuries if: 

• The owner “carelessly managed” the animal or allowed it to “go at liberty” meaning let it run loose, and 
• The animal was “vicious or unrestrained” at the time of the injury, and 
• The animal caused the injury 

What this means for a delivery driver dropping off a package is that a dog must be running loose or be otherwise free to attack you because the owner was careless or let the dog roam. For example, if the dog was safely kenneled on the porch, and a driver tried to pet it, the owner would not be liable if the driver got bitten. However, if the owner let the dog play in the front yard, the owner would be liable if the driver got bitten. 

What the “First Bite Rule” Really Means 

Georgia follows the “first bite rule.” This does not mean every dog gets to bite someone once. It means that the dog’s owner must know or reasonably should know a dog tends to bite or attack before you were bitten. 

The law calls this “knowledge of the dog’s vicious propensity.” In a lawsuit, it is one of the key elements you must prove to make your claim. Normally, dogs only bite when they are injured, ill, or starving. If your bite was the first sign of a dog’s aggressive tendencies, the owner could avoid responsibility because they did not know their dog was dangerous. 

If the dog has a history of prior bites, attacking people, or behaving aggressively towards strangers, then the owner can be held liable for any attacks on delivery drivers. This is true even if the owner says their dog has never been aggressive while they have had it. 

Unlike some states, Georgia does not recognize any “dangerous breeds.” Some states presume that certain breeds, like pit bulls or Dobermans, are inherently dangerous. Georgia presumes the opposite. Dogs are considered a “harmless species.” You must show that this dog was aggressive, not just that it was a pit bull, and therefore presumptively aggressive. 

Victor, Mr. Donaldson, and Trigger 

Let’s see how this works in the real world. 

Victor is a package delivery driver in Decatur, Georgia. He’s been on his route for three years and knows most of the houses like the back of his hand. One afternoon, Victor walks up to deliver a box to the Donaldson home. Mr. Donaldson is standing in the driveway with his two large dogs, Rex and Trigger, who are off leash. 

As Victor approaches with the package, Trigger suddenly lunges at him. Victor stumbles backward, falls hard on the concrete driveway, and injures his wrist, arm, and hip. Trigger didn’t bite Victor, but Trigger’s aggressive charge caused the fall and Victor’s injuries. 

Victor later learns from other delivery drivers on the route that Trigger has a history of aggressively barking, lunging at delivery trucks, and scratching at the door whenever someone comes to deliver a package. One driver tells Victor that Trigger once cornered him against his truck several months earlier. 

Can Victor successfully sue Mr. Donaldson? It depends on which legal theory Victor pursues. 

Theory 1: The Dangerous Animal Statute (O.C.G.A. § 51-2-7) 

If Victor sues Mr. Donaldson under the “dangerous animal” statute, he has a good argument, especially if Decatur has a “leash law” that requires dogs to be restrained or leashed on the owner’s property. Many cities and counties in Georgia require dogs to be secured even on the owner’s property. 

Under O.C.G.A. § 51-2-7, if a local ordinance required the dog to be “at heel or on a leash,” and the dog was not restrained at the time of the incident, then the dog is presumptively vicious. Victor would not need additional evidence of past vicious or aggressive behavior, although Trigger’s previous attacks on delivery drivers would help. 

Victor must still prove that Mr. Donaldson knew the dog was unrestrained (not leashed). Since Mr. Donaldson was present and witnessed the incident, he evidently was aware the dog was not leashed at the time. 

If Victor proceeds under this theory, he has a good case against Mr. Donaldson. 

Theory 2: Premises Liability (O.C.G.A. § 51-3-1) 

When a delivery driver comes to a home for a legitimate purpose, a homeowner owes them a duty of care to keep the premises reasonably safe. The law calls Victor an “invitee” and Mr. Donaldson could be liable under the “premises liability” legal theory (O.C.G.A. § 51-3-1). 

Victor must still show the dog had a “vicious propensity” and that Mr. Donaldson was aware of the hazard and took reasonable steps to prevent it. Under some legal theories, a homeowner must have at least “constructive” knowledge of the dog’s tendencies. For instance, just because Trigger had barked at other drivers or lunged at delivery trucks in the past may not be sufficient to prove he would rush at a driver, especially when his owner was present. 

Victor has less chance of prevailing under a premises liability theory than under a dangerous animal theory. 

Theory 3: The “Voluntary Undertaking” Doctrine 

In some cases, a homeowner can be held liable even without proof of the dog’s vicious behavior or history. If a homeowner promises to restrain a dog or claims to have them under control, then fails to follow through with the promise, they can still be held liable if the dog bites or attacks. 

In one Georgia case, a cable television installer arrived at a home and saw dogs on the property. He refused to leave his truck until the homeowner promised to restrain them. The homeowner said he “would take care of it.” The installer got out, relied on that promise, and was bitten. The court held that the homeowner could be liable, not because the dog was known to be dangerous, but because the homeowner voluntarily took on the duty to restrain the dog and then failed to do it properly. 

In this case, if Victor had asked Mr. Donaldson, “Are those dogs okay?” and Mr. Donaldson said, “Don’t worry, they’re friendly, I’ve got them under control,” he could be liable when Trigger lunged forward since he had claimed responsibility for the dog’s actions.  

You Don’t Have to Be Bitten to Have a Case 

As shown in Victor’s case, the dog does not have to bite you for you to have a valid claim. If the dog’s aggressive behavior causes you to trip, fall or injure yourself trying to flee, you could still have a case. Under O.C.G.A. § 51-2-7, the only requirement is that the dog’s aggressive actions cause your injuries. The owner may still be liable. 

It is unknown if this includes tripping on a small poodle or puppy. 

Punitive Damages 

Punitive damages are awarded in cases where a defendant’s actions were unusually outrageous or there were aggravating circumstances (O.C.G.A. § 51-12-5.1(b)). In the case of a dog bite, an owner who had received previous animal control citations, or knew the dog had bitten people previously and still did not take precautions against future attacks could receive punitive damages. 

In one Georgia case, homeowners were ordered to pay $50,000 in punitive damages on top of $75,000 in compensatory damages after their dog attacked a USPS mail carrier delivering packages to their front door. The dog had previously bitten a FedEx driver and a neighbor, the owners had appeared in “dog bite court,” the dog had been officially classified as “vicious,” and yet the only precaution they took was a baby gate operated by their 11-year-old child. 

What You Should Do If You’re Bitten on the Job 

• Seek immediate medical attention. The old tale about dog’s mouths being cleaner than humans’ is just that. Dog bites can become infected quickly and lead to serious illness.  
• Call animal control. Do this at once if the animal was acting ill or injured. You also want an official record of the bite. 
• Document everything. Take photos of your injuries before and after treatment, the property, and the dog if possible. Keep records of the date and time of the incident and your medical treatment. If there were witnesses, get witness contact information. 
• Contact an experienced Georgia personal injury attorney as soon as possible. You may need legal assistance to gather other information to help your case.  

Other information that can help your case includes speaking with other drivers or service personnel who work the route. Other drivers or technicians (such as cable installers or meter readers) may have encountered the dog and know of its tendencies). Local leash laws or other county ordinances about dogs can be essential to establishing your case. An attorney can assist you in obtaining this information.