The family pet being the arch-nemesis of your friendly letter carrier is a common theme in television and the comic pages in the Sunday paper, but this theme has its roots in a serious reality. Dogs do bite mailmen. Just such an attack occurred in San Jose about two weeks ago.

Around 10:30 in the morning, two dogs named Lolita and King objected to the presence of one mailman in particular. Lolita, a German Shepherd, and King, a Pittbull mix, broke through a fence and attacked the mailman leaving him wounded and bloody. San Jose animal control officers have stated that King has caused problems in the past and that King's owner had agreed to keep the animal confined as the result of 2006 incident.

Thankfully, the mailman is recovering from his injuries. But, this may not be the end of the story, especially for the dog owner.  In general, people are responsible for injuries caused to other people by their own acts and omissions. In the legal profession we call this negligence.  While dogs cannot be held to account for the damage they cause in a court of law, there is an area of negligence law called premises liability.

Premises liability happens when a visitor or guest is injured by a dangerous condition on a property. Examples of dangerous conditions can include open well, broken steps, a missing handrail or a dangerous animal. When a visitor is injured by a dangerous condition on a property, that visitor can seek compensation from the owner of the land or the owner of an animal.

In general, people have a right to be safe from dangers. In fact, people have a similar duty to protect others from dangers. These rights and duties exist in public, in private, and at the workplace.

Source: KTVU.com: South Bay Mailman Injured After Dog Mauling; 9/30/2010