Jeff Varcadipane
October 9, 2025
Dog Bites
The delivery gig economy is booming in New Jersey and New York, and delivery drivers are constantly on the move to meet demand. But along with the fast-paced work comes a hidden risk: dog bites. A single encounter with an unleashed or aggressive dog can turn a routine delivery into a serious injury, medical bills, and lost income.
This blog explains common dog bite scenarios for delivery drivers, outlines legal and workers’ compensation options in NJ and NY, and shows why hiring a dog bite lawyer can protect your rights and recovery.
Why Are Delivery Drivers at Risk for Dog Bites?
Delivery drivers face unique hazards, navigating unfamiliar properties where unleashed dogs can strike without warning. In Ocean County, NJ, or Long Island, NY, dense neighborhoods amplify encounters with pets, often guard dogs or territorial breeds left unsecured. The rise in online orders, with U.S. e-commerce deliveries up, means more drivers, more stops, and more bites. OSHA flags dog attacks as a recordable workplace hazard, yet gig platforms like DoorDash rarely cover non-vehicle injuries, leaving drivers to pursue owners or workers’ comp.
Common Causes of Dog Attacks on Delivery Drivers
Dog bites usually result from preventable negligence by owners:
- Unrestrained Dogs: Loose in yards or charging through open doors.
- Lack of Warnings: No “Beware of Dog” signs or verbal alerts.
- Aggressive Breeds: Pit bulls or shepherds account for 60% of severe bites , though any dog can attack.
- Poor Property Maintenance: Broken gates or missing leashes.
- Owner Distraction: Ignoring drivers’ presence during drops.
Delivery drivers are legally protected as visitors performing lawful deliveries, making owners responsible for unsafe conditions.
Types of Injuries from Dog Bites
Injuries range from minor to life-altering:
- Punctures and Lacerations: Deep tears risking infection.
- Fractures and Nerve Damage: Bites crushing bones or impairing hand/leg function.
- Scarring/Disfigurement: Facial or limb marks affecting confidence.
- Infections: Bacterial spread requiring long-term antibiotics.
- Mental Trauma: PTSD or delivery route phobias, disrupting work.
Such injuries often lead to lost wages and medical expenses, making legal recourse essential.
Dog Bite Laws in NJ & NY
Both states hold dog owners accountable for bites, though rules differ slightly:
- New Jersey: Owners are liable if the dog is known to be aggressive or negligence contributed to the attack.
- New York: Owners are liable for all bites causing bodily harm, regardless of prior behavior.
Comparative fault rules apply: NJ bars recovery if the victim is more than 51% at fault, while NY adjusts recovery based on fault percentage. Lawful delivery drivers typically face few defenses from dog owners.
Workers’ Compensation vs. Third-Party Claims
Delivery drivers’ employment status affects recovery options:
- Employees (UPS, FedEx): Eligible for workers’ compensation covering medical care and partial wage replacement.
- Gig Workers (Uber Eats, DoorDash): May qualify if treated as employee-like under recent rulings; otherwise, owners can be sued directly.
- Third-Party Suits: Homeowners may be liable for unsafe conditions like broken fences or missing restraints.
Claims must be filed within two years in both NJ and NY.
Steps to Take After a Dog Bite as a Delivery Driver
Act fast to protect health and claims:
- Seek Medical Care: Visit ER for wound cleaning, rabies shots, or X-rays critical for infection prevention and claim evidence.
- Document the Scene:
- Photograph bites, dog, property, and lack of signage.
- Note exact time, address, and owner details (name, contact).
- Grab GPS or app logs proving delivery.
- Report Promptly: Notify employer/app, animal control, and police for official records; quarantine dogs for rabies checks (10 days, per NJ/NY health codes).
- Gather Witnesses: Collect neighbor or bystander contacts for statements.
- Consult a Dog Bite Lawyer: Free case review to clarify comp vs. civil suit paths.
Why Hire a Dog Bite Lawyer for Delivery Drivers?
Navigating gig status, comp laws, and owner defenses demands expertise. A lawyer excels in:
- Liability Proof: Using Ring footage, vet records, or prior complaints to pin owners.
- Claim Strategy: Filing comp or suits for max recovery, dodging misclassification traps.
- Insurance Battles: Countering lowball offers from homeowners’ policies or platforms.
Varcadipane & Pinnisi, PC, in NJ and NY, works on contingency no fees unless you win.
Proving Liability in Dog Bite Claims
Solid evidence seals the case:
- Incident Logs: Police, animal control, or app reports tying bite to delivery.
- Visual Proof: Photos of wounds, loose dogs, or unsigned properties.
- Witness Accounts: Neighbors confirming owner negligence.
- Medical Records: Linking injuries to lost work or therapy needs.
What Can Compensation Cover?
Claims restore losses:
- Economic Damages: ER visits, surgeries, lost wages, reduced earning capacity.
- Non-Economic Damages: Pain, trauma, disfigurement – no caps in NJ/NY.
- Punitive Damages: For reckless owners (e.g., ignoring past bites).
5 Mistakes to Avoid in Delivery Driver Dog Bite Claims
Don’t sabotage your case:
- Skipping immediate medical care, risking infection and weak evidence.
- Failing to report to employer or authorities, losing official records.
- Not photographing dog, wounds, or scene.
- Talking to insurers without a lawyer they minimize payouts.
- Missing the two-year lawsuit deadline.
How Long Does a Dog Bite Claim Take?
Workers’ comp settles in 3–6 months for clear cases; third-party suits take 6–18 months, with trials stretching to 2+ years in NJ/NY’s crowded courts. Severity and owner cooperation impact timelines.
Preventing Dog Bites for Delivery Drivers
Minimize risks:
- Check Routes: Use app notes for “dog” flags; call owners before approaching.
- Stay Defensive: Drop packages at gates, carry legal pepper spray.
- Wear Gear: Long pants, bite-resistant gloves.
- Report Hazards: Alert platforms to risky addresses.
Take Action for Delivery Driver Dog Bites
Dog bites are a growing threat to delivery drivers in NJ and NY, causing injuries, lost income, and lasting trauma. Strict liability laws and workers’ compensation protect drivers, but action must be swift. Seek treatment, document the incident, and consult an experienced dog bite lawyer to maximize recovery.
Varcadipane & Pinnisi, PC, provides contingency-based legal support across New Jersey and New York, helping drivers fight for compensation and justice.
Visit www.vplaw.com or call us at (201) 588-1500 for a free consultation to claim your justice.
Jeffrey W. Varcadipane
Jeffrey W. Varcadipane is a Certified Civil Trial Attorney by the Supreme Court of the State of New Jersey and a Founding Partner of the Firm. He handles a variety of matters including civil and commercial litigation, appellate practice, real estate, and business law.
University: J.D. Fordham Law School
Bar Number: 29472005
Locations: New Jersey, New York, and Florida.
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