A recent report has been commissioned by the Royal Mail which has concluded that the laws to protect postal workers from dog attacks is inadequate. According to the report, further laws need to be created to deal with the owners of dogs which attack postal workers while delivering mail.
According to the commissioned report, around 3,000 postal works a year are subject to attacks by dogs when on their rounds. These attacks can be brutal and in certain circumstances ruin people’s lives. As a result of the commissioned report it has come to light of a postal worker who was attacked in Sheffield by two Staffordshire Bullterriers and has been left with visual and mental scars and is now disabled as a result of the attack.
This commissioned report has called for the Government to introduce immediate changes to the law which will help protect postal workers. One of the proposals from the Royal Mail is to suspend deliveries to addresses where there is a threat to a postal worker from being attacked. This pressure has also been increased due to recent changes to the law on dog attacks in Scotland, Northern Ireland and soon to be introduced in Wales, leaving England the only part not to take action.
The call for a change is mainly for the criminal law and not necessarily the civil law. Under the current civil law postal workers can be protected by the Occupiers Liability Act 1957 and the Animals Act 1971.
Under the Occupiers Act 1957 the common duty of care is a duty to take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which he or she is invited or permitted by the occupier to be there. As a postal worker it has supported by case law that they are visitors for the purpose of the act and by the nature of purpose of stepping onto private property they have been impliedly invited.
When applying the above act to the circumstances if it is known to the occupier that their dog is likely to attack or be a threat to a visitor then they must take reasonable steps to ensure that the dog is unable harm the visitor. If the occupier failed to take reasonable steps and the visitor were injured they would be in breach of their duty and be liable to pay compensation to the victim.
In addition to the Occupiers Liability Act 1957 postal workers can look to rely on the Animal Act 1971. Under section 2 of the Animals Act 1981 where any damage is caused by an animal which belongs to a dangerous species, any person who is a keeper of the animal is liable for the damage, except as otherwise provided by this Act or where damage is caused by an animal which does not belong to a dangerous species, a keeper of the animal is liable for the damage, except as otherwise provided by this Act, if—
(a)the damage is of a kind which the animal, unless restrained, was likely to cause or which, if caused by the animal, was likely to be severe; and
(b)the likelihood of the damage or of its being severe was due to characteristics of the animal which are not normally found in animals of the same species or are not normally so found except at particular times or in particular circumstances; and
(c)those characteristics were known to that keeper or were at any time known to a person who at that time had charge of the animal as that keeper’s servant or, where that keeper is the head of a household, were known to another keeper of the animal who is a member of that household and under the age of sixteen.
It is important to note that the above acts not only provide protection to postal workers but to all other lawful visitors such as delivery drivers and milk men or women. If you have been unfortunate enough to have been attacked by a dog then the best advice is to firstly report the incident to the police and secondly check with the owner for any pet or house insurance as this will be vital for your dog bite injury claim.
To obtain any further information do not hesitate in contacting The Injury Lawyers were you can speak directly with a friendly qualified lawyer to take you through the steps to making a personal injury claim.
