State Dog Bite Law

Dog bite law in all 50 states and D.C., cited to the statute and dated

Every state checked against its statutes, October 2026

My Dog Bit a Mail Carrier or Delivery Driver: What Happens Next

Dog owners10 min readBy Editorial team

Your dog bit the mail carrier or an Amazon driver. Mail suspension, who can sue you (including the U.S. Labor Department), state rules and insurance, cited.

A black and white dog watching through a front window, the way many dogs wait for the mail carrier or a delivery driver

When your dog bites a mail carrier or a delivery driver, three things follow. The bite is reported and the dog is observed for rabies like any other bite. Your mail or package delivery can stop. And a claim for the worker’s injuries can reach you, often pursued by the worker’s employer, its insurer or, for a postal carrier, the U.S. Department of Labor 1 2.

Delivery workers have a stronger claim than most visitors. Several dog bite statutes name people on the property to perform a duty under “postal regulations” as lawfully there, so the usual question of whether the bitten person had a right to be on your porch is settled in their favor 3 4.

The first days after the bite

The steps are the same as for any bite: make sure the worker gets help, give your name, address and proof of the dog’s rabies vaccination, expect a bite report to animal control or the health department, and expect a 10-day observation of the dog. The my dog bit someone guide walks through each step, and dog bite quarantine covers home and shelter observation.

Two things are different with a delivery worker. The worker’s employer learns of the bite the same day, because the worker reports it to get treatment covered. And the employer often flags your address, which affects your deliveries before any claim is filed.

Will my mail delivery stop?

It can, and it can stop for your neighbors too. In its May 2026 release on dog attacks, the Postal Service said that “when a carrier feels unsafe because of a roaming dog, mail service can be temporarily suspended” 1. Until the carrier “feels safe enough to restart delivery,” the mail must be picked up at the owner’s local Post Office. If the dog roams, neighbors “would also have to pick up their mail at the Post Office until it is safe to resume delivery” 1.

The release adds that if “a dangerous dog issue is not resolved, owners can be required to rent a Post Office Box to receive mail” 1. Carriers are warned about addresses through dog warning cards placed in the mail sorting cases and alerts built into their handheld scanners 1. Postal employees suffered more than 5,200 dog attacks in 2025, according to the same release 1.

The Postal Service’s own advice to owners is concrete: keep the dog in a separate closed room before opening the front door, make sure the door is latched if you step outside, leash the dog if it is outdoors during delivery, and never take mail directly from the carrier with the dog present 1.

Amazon and other package drivers

Amazon tells its drivers that “if you see an unsecured pet, return to your vehicle” and contact the customer from there 5. It adds: “If you ever feel unsafe during a delivery, you do not have to deliver the package.” The driver marks the stop “Unable to deliver” and “Unsafe due to dog,” and the package is returned 5. In April 2026 Amazon described a paw-print icon that tells drivers a dog may be present, based on reports from customers or other drivers, and asked customers to secure pets and note them in their delivery instructions 5.

So the practical effect of a bite, or even a lunge, can be missed packages until the dog is secured. The legal effect is the same as for a postal carrier: the driver was on your property by implied invitation, which the statutes in the table below treat as lawful presence 3 6.

Are you liable? It depends on your state

The rule that decides your liability is the dog bite law of the state where the bite happened. Federal compensation pays a postal carrier’s benefits, but the carrier’s claim against the owner is decided under state law, as both cases below show 7 8.

In 22 jurisdictions a statute makes the owner liable for a bite without proof that the owner knew the dog was dangerous, and in 16 more a statute does so in narrower situations. These statutes say who is lawfully on the owner’s property, and the ones below name, in so many words, a person there to perform a duty under federal law or postal regulations. Every one of them also covers people the owner invited, expressly or by implication, except Indiana’s, which protects only people doing a legal duty:

State Statute Limits worth knowing
Alabama Ala. Code § 3-6-2 Covers only bites on the owner’s property; also names meter readers and utility workers 9
California Civ. Code § 3342 Bites only 3
Colorado C.R.S. § 13-21-124 Serious bodily injury or death only; a conspicuous “beware of dog” or “no trespassing” sign on the owner’s property bars the statutory claim 10
Florida Fla. Stat. § 767.04 A prominent “Bad Dog” sign is a defense unless the victim is under 6 or the owner was negligent 4
Indiana IC 15-20-1-3 Protects only people doing a legal duty, and for them liability is strict 11 7
Michigan MCL 287.351 Unprovoked bites only 12
Montana Mont. Code Ann. § 27-1-715 Only inside incorporated cities and towns 13
New Jersey N.J.S.A. 4:19-16 Bites only 14
Oklahoma 4 O.S. § 42.2 Also names meter readers and utility repair workers; does not apply in rural areas or towns without city mail delivery 15 16
South Carolina S.C. Code § 47-3-110 Bites and other attacks 6

The list is not complete; other statutes protect anyone “lawfully” on the property without spelling out who that includes. The full list of statutes, with their limits, is in strict liability dog bite states.

Indiana: a rule written for mail carriers

Indiana is the clearest example. Its statute protects only people doing a legal duty, and in Cook v. Whitsell-Sherman (2003) the Indiana Supreme Court held that it makes the owner strictly liable for an unprovoked bite of a letter carrier 7. The carrier needs to prove little more than who owns the dog and that it bit without provocation. The dog in Cook, a 100-pound Rottweiler with no history of aggression, was being looked after by friends while its owner was out of town. The owner was still liable, because the statute adds keepers to the owner instead of replacing the owner 7.

New York: a postal carrier’s case changed the law

In the 13 jurisdictions without a statute, and in states with only a partial one, the carrier must show that you knew or should have known the dog was dangerous, or that you were careless. Flanders v. Goodfellow (2025) shows how that plays out 8. A postal carrier delivering a package found the mailbox missing and walked to the porch. The owner opened the door to take the package, and the dog slipped past him and bit her shoulder, causing a torn muscle that needed several surgeries 8.

Two parts of the decision matter to owners. Other carriers swore that the dog had growled, snarled, slammed into the windows and tried to bite them through the glass. The Court of Appeals held that this was enough for a jury to find the owners should have known the dog was dangerous, even without a prior bite 8. And the court allowed carriers and other victims to sue for ordinary negligence, such as opening the door with an unsecured dog behind it 8. See the New York page for how the rule works after Flanders.

South Dakota: a bite on a worker makes a “vicious dog”

South Dakota has no dog bite statute, but its nuisance law defines a vicious dog to include one that, unprovoked, attacks “a mailman, meter reader, serviceman, journeyman, delivery man, or other employed person” on private property with permission 17. Owning or keeping such a dog is a public nuisance, which brings in the state’s nuisance remedies on top of any claim for damages 18. See the South Dakota dangerous dog law page.

Who comes after you when a postal carrier is bitten

Often the U.S. Department of Labor, not only the carrier. Postal employees are covered by the Federal Employees’ Compensation Act (FECA), which pays the carrier’s medical bills and lost pay. When someone other than the United States is legally liable for the injury, the Secretary of Labor may require the carrier to assign the claim to the United States or to sue in the carrier’s own name 19. A carrier who refuses is not entitled to compensation 19 2.

Since July 1, 2013, these third-party matters, including those of postal employees, have been handled by the Labor Department’s Office of the Solicitor, not by the Postal Service 20. The regulations set out what the carrier must do: seek damages from the person responsible, file suit within the statute of limitations or get a written release, and not settle for less than the amount needed to repay the government without permission 2. The carrier can be released if a lawyer advises that the claim is unlikely to succeed or not worth the cost 2.

For you, that has three consequences:

  1. A friendly carrier may still have to pursue you. The obligation comes from the government, not from the carrier’s choice 2.
  2. The claim has a floor. The government recovers what it paid in compensation and continuation of pay out of any recovery, and the carrier keeps at least one-fifth of the net amount 19 2.
  3. The letter may come from the government. If the claim is assigned, the Secretary of Labor can prosecute or settle it in the name of the United States 19. Send any letter about the bite to your insurer.

The deadline for the carrier’s lawsuit is your state’s personal injury limitation period, listed in the statute of limitations guide. The carrier’s side of FECA is covered in dog bite at work.

When the driver works for a private company

The pattern is similar. A driver who is an employee usually receives workers’ compensation from the employer’s insurer and can also claim against you. In Texas the insurer is subrogated to the driver’s rights and can enforce the claim in the driver’s name, up to the benefits it paid 21. California lets the employer sue the person responsible too 22. In practice, a demand can arrive from the driver’s lawyer or from a comp insurer you have never heard of.

Some drivers are independent contractors with no workers’ comp. Amazon says it provides occupational accident insurance for Amazon Flex deliveries that start in California, with medical coverage up to $1,000,000 23. Whatever insurance the driver has, their claim against you is decided by your state’s dog bite law.

Your insurance

A homeowners or renters policy with personal liability coverage is usually what pays these claims. Report the bite to your insurer promptly and forward every letter, whether it comes from the worker, an employer’s insurer or the Department of Labor. Some policies exclude certain dogs or breeds, and some states require owners of dogs declared dangerous to carry liability insurance; both are covered in dog bite insurance.

If the carrier hurt your dog

Postal carriers are trained to use their mail satchel as a shield and to “deploy dog repellent if necessary” 1. If you believe a postal employee injured your dog wrongfully, the claim runs against the United States under the Federal Tort Claims Act, not against the carrier personally. It must be presented in writing within two years, usually on Standard Form 95 with a specific dollar amount, to the Tort Claims Coordinator for the postal district or any Postal Service office 24 25. A lawsuit is possible only after the claim is denied or six months pass without a decision 25. For a private driver, the claim runs under state law; see dog attacked my dog for how courts value pets.

Preventing a second bite

A second bite to a delivery worker is where the consequences grow. A dog with a prior bite is the classic case for a dangerous-dog designation, and the earlier bite answers the “knew or should have known” question in any later claim 8. The criminal charges guide covers when an owner can be prosecuted after a serious injury.

The measures that address delivery risks are simple and come from the companies themselves: the dog in a closed room before the door opens, a latched door, a leash outdoors during delivery hours, no mail or packages taken by hand with the dog nearby, and a pet note in delivery instructions 1 5. Flanders began when an owner opened the door to take a package 8.

Each state page, reached from the state index, gives that state’s rule, defenses and deadline with citations, and the claim checker applies the state’s rule to a specific bite.

Questions

Can I be sued if my dog bit the mailman on my own property?

Yes. Dog bite statutes in states such as California, Florida, Michigan and South Carolina treat a person carrying out a duty under federal postal regulations as lawfully on the owner's property, so the owner's own yard or porch is covered34126. In states without a statute, the carrier must show you knew or should have known the dog was dangerous, or were negligent8.

The carrier said not to worry. Can the claim still come?

Yes. The Department of Labor can require an injured federal employee to sue the person responsible or to hand the claim to the United States, and a carrier who refuses can lose compensation192. The carrier also may not settle for less than the government's outlay without permission2.

Will the post office stop delivering mail to my whole street?

It can. The Postal Service says that when a carrier feels unsafe because of a roaming dog, delivery can be suspended, and neighbors may also have to pick up their mail at the Post Office until delivery is safe again1.

Does homeowners insurance pay when my dog bites a delivery driver?

Personal liability coverage in a homeowners or renters policy usually responds to bite claims, subject to the policy's limits and any dog or breed exclusions. The dog bite insurance guide covers exclusions and what happens to the policy afterwards.

Can the Postal Service make me rent a P.O. box because of my dog?

Yes. The Postal Service says that if a dangerous dog issue is not resolved, owners can be required to rent a Post Office Box to receive mail1.

Sources

  1. Postal Service Names Top Cities and States for Dog Attacks on Mail Carriers (May 28, 2026), United States Postal Service. Checked 28 May 2026.
  2. 20 C.F.R. §§ 10.705–10.719 (FECA third-party liability), Electronic Code of Federal Regulations. Checked 28 October 2026.
  3. California Civil Code § 3342, California Legislature. Checked 28 October 2026.
  4. Florida Statutes § 767.04, Florida Legislature. Checked 28 October 2026.
  5. Amazon is helping keep delivery partners safe when delivering around pets (Apr. 9, 2026), Amazon Flex. Checked 9 April 2026.
  6. South Carolina Code § 47-3-110, South Carolina Legislature. Checked 28 October 2026.
  7. Cook v. Whitsell-Sherman, 796 N.E.2d 271 (Ind. 2003), Supreme Court of Indiana (via CourtListener). Checked 28 October 2026.
  8. Flanders v Goodfellow, 44 NY3d 57, 2025 NY Slip Op 02261 (Apr. 17, 2025), New York Court of Appeals. Checked 28 October 2026.
  9. Code of Alabama § 3-6-2, Alabama Legislature. Checked 28 October 2026.
  10. Colorado Revised Statutes § 13-21-124, Colorado Revised Statutes (via Public.Law). Checked 28 October 2026.
  11. Indiana Code 15-20-1 (Liability for Dog Bites), Indiana General Assembly. Checked 28 October 2026.
  12. Michigan Compiled Laws § 287.351, Michigan Legislature. Checked 28 October 2026.
  13. Montana Code Annotated § 27-1-715, Montana Legislature. Checked 28 October 2026.
  14. Model Civil Jury Charge 5.60A, Dog Bite Statute (N.J.S.A. 4:19-16), New Jersey Courts. Checked 28 October 2026.
  15. 4 O.S. § 42.2, Postmen: persons lawfully on premises, Oklahoma State Courts Network. Checked 28 October 2026.
  16. 4 O.S. § 42.3, Rural areas exception, Oklahoma State Courts Network. Checked 28 October 2026.
  17. SDCL 40-34-14 (vicious dog defined), South Dakota Legislature. Checked 28 October 2026.
  18. SDCL 40-34-13 (vicious dog as public nuisance), South Dakota Legislature. Checked 28 October 2026.
  19. 5 U.S.C. § 8131 (subrogation of the United States), Legal Information Institute, Cornell Law School. Checked 28 October 2026.
  20. Responsibility for FECA Third-Party Cases, U.S. Department of Labor, Office of Workers' Compensation Programs. Checked 28 October 2026.
  21. Texas Labor Code ch. 417 (§ 417.001, third-party liability), Texas Legislature. Checked 28 October 2026.
  22. California Labor Code § 3852, California Legislature. Checked 28 October 2026.
  23. Delivering in California (Protect App-Based Drivers and Services Act), Amazon Flex. Checked 28 October 2026.
  24. 39 C.F.R. Part 912 (claims for personal injury or property damage against the Postal Service), Electronic Code of Federal Regulations. Checked 28 October 2026.
  25. 28 U.S.C. § 2675 (disposition by federal agency as prerequisite to suit), Legal Information Institute, Cornell Law School. Checked 28 October 2026.

Written by the Editorial team

State Dog Bite Law is researched and written by a small editorial team that reads each state's statutes, regulations and appellate decisions and cites them line by line. We are not a law firm, we do not sell leads, and no lawyer or insurer pays to be mentioned. About the team

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