My husband works for FedEx and was attacked by pit bulls on the job. They are not allowed to carry mace. Tore his rotator.

Asked over 1 year ago - Groves, TX

Working for fed ex 26 yrs. lost his route, health insurance had to be paid back, treated him like dirt. I was left taking care of lawn, cars, house etc.

Attorney answers (8)

  1. J. Trenton Bond

    Pro

    Contributor Level 12

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    Answered . I am not sure what your question is? If you are asking about whether he can sue his employer that will depend on whether his employer carried workers compensation, if so, the the employer is typically insulated from a lawsuit under Texas Law even if their procedures caused the harm, ( for example not allowing him to carry mace). Contrarily, if an employer does not have workers compensation they may be sued.
    If the dog's owners can be located there might be a possible lawsuit against the dog's owners. In any event, I suggest an in person consultation with a lawyer as soon as possible.
    I hope this helps.

    Any communication through the Avvo site with Portner Bond, PLLC or any individual member of the firm does not... more
  2. Donivan W. Flowers

    Contributor Level 10

    7

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    Answered . As Mr. Bond states, if you know the identity of the owners of the pit bulls, you may have a claim against them for permitting dangerous animals to attack. If you want to sue FedEx, that depends on the employment relationship and whether they are a subscriber to workers compensation.

    You need to speak with a personal injury attorney as soon as possible. Dog bites are horrible and cause serious damage. I wish you the best of luck.

    Donivan Flowers

    Donivan Flowers is a licensed attorney in the State of Texas only. The answers provided in this forum are for... more
  3. Byron Keith Barclay

    Contributor Level 11

    5

    Lawyers agree

    Answered . I checked the Texas Workers' Compensation status for Federal Express (https://www.ewccv.com/cvs/Default.aspx), which indicates that Federal Express Corporation is a subscriber to Workers' Compensation insurance in Texas. This means that he will be unable to sue FedEx for his injuries, however the Workers' Compensation system will allow him some medical treatment and lost income replacement monies. No doubt he is receiving those benefits now. If he is not, he should report his injury immediately to FedEx.

    As for a suit against the dog owners, the toughest thing about that will be finding out who owned those dogs. Once that is determined, a good lawyer will want to determine if the dogs' owners have homeowners' insurance. If they do not have such insurance, a suit against them may be successful on the issue of liability (i.e. are they responsible for the dogs' attack), but from a practical standpoint, the dogs' owners may have no money to pay you damages for the dogs' attack.

    You are, in a general sense, in a good place to bring such a lawsuit, but if the dogs' owners don't have homeowners' insurance, I am skeptical whether a suit against them will be worth your efforts. Best of luck to you and your husband.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    5

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    Answered . Get a workers comp lawyer for the comp portion, and if you can find the owner, and the owner has a home, a personal injury lawyer would investigate going after the homeowner's insurance.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  5. Sagi Shaked

    Pro

    Contributor Level 13

    4

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    Answered . You can sue the owner of the dogs for his injury. He should seek immediate medical treatment.

  6. Gregory H. Bevel

    Pro

    Contributor Level 8

    2

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    Answered . You've received good advise all around so far, I would just add that when you interview local lawyers make sure you find a lawyer who has prior experience suing property owners on dog bite cases. The law as it used to be was very simple, as they taught us back in law school, "every dog gets its bite" meaning that the first time a dog bites someone, the owner is not liable or financially responsible for the injuries, but if that dog ever bites again, then the owner is liable. That old law still applies here in Texas, but there are several other State and Local Municipal laws that might also apply. Many cities in Texas have adopted "leash laws" that make it a minor crime to allow your dog to roam at large. Those Municipal Ordinances can be used to establish an owners liability even if the dogs have never bitten anyone before. The facts are very important, where the dogs on their own property or did they pursue and attack your husband outside of their own property lines. Dog bite cases seem simple but they are really more complex than most people might realize. You should definitely contact a local lawyer and in the process, make sure to find someone who has had experience in your kind of case, specifically a dog bite case. You actually probably will need two lawyers, one with experience and expertise in handling workers compensation claims, and that lawyer can probably help you find another lawyer to handle the dog bite claim.

    Good Luck to you and your husband.

  7. Robert Bruce Kopelson

    Contributor Level 20

    3

    Lawyers agree

    Answered . He has a workers comp claim and a personal injury claim. he should consult an atty who does both or 2 separate attys asap.

  8. Jeffrey Mark Adams

    Contributor Level 20

    2

    Lawyers agree

    Answered . Candidly, there inexcusable corporate conduct.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more

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