QUESTION
Can I still sue for a dog bite at work?
Asked on Oct 03rd, 2015 on Personal Injury - Florida
More details to this question:
On my 4th day on the job at a vets office I was told to walk the dogs. One dog acted aggressive towards me and tried to bite me through the fence. I went back to the person in charge and advised her of his actions. She said he was fine and proceeded to get the dog out herself. When she opened the kennel he pushed past her and attacked me. She was able to get the dog back into the kennel and seek medical attention and an emergency care facility. After returning to work the dog was still in their care and I still fed and watered the dog through the fence and a caution sign was on his board. Workman's comp did pay all doctor bills and supervisor did buy me pants to wear to work to replace my shredded jeans. But I did not receive any other compensation after. I have since quit working there for personal reasons including not being comfortable around a dogs anymore and this same dog continues to be boarded at this facility. The injuries I received has resulted in some nasty scaring.
1 ANSWER
While it is true that your exclusive remedy against your employer for an "on the job injury" is workers comp, you may be able to sue the owner of the dog on a strict liability theory. Of course, this depends on facts unique to each case. One factor is whether you contractually waived any claim for damages against a third party dog owner when you were hired. Inspection of your work related documents that you signed may be relevant to that analysis. That being said, you may have a case, depending on the aforementioned issue of liability against a third party and depending on the extent of your injuries
Stephen Black
407-581-2581
Answered on Oct 03rd, 2015 at 4:17 PM