Brent Adams & Associates Legal Blog

Mail Carrier Files Suit Against Dog Owner After Two Attacks

After two separate hectic encounters with the same “big black dog,” an employee of the U.S. Postal service is taking action by filing a personal injury suit against the dog’s owner.

According to the suit mail carrier Marcus Lockhart filed against him on July 20, in Texas’ Jefferson County District Court, John Fore Jr. was aware that his dog “had a propensity to attack people’ but refused to place a lock on the gate to his fence and keep the dog in the backyard.

The suit claims that Lockhart was attacked twice within a year’s time by the dog.

In the first incident, which took place on July 28, 2008, Lockhart was making a delivery to a home in Beaumont, Texas when a large black dog came out of a gate that had been left open and attacked him. He used his mailbag to shield himself from the dog, but suffered a cut to his right hand. Animal Control was called after the attack.

Lockhart was delivering mail to the same residence on April 19, 2009 when the same dog emerged from the same gate that had once again been left open. He again placed his bag between himself and the dog, but fell to the ground and twisted his left knee and ankle. Animal Control was once again contacted.

The suit alleges negligence on the part of Fore for knowing of his dog’s propensity to attack others, but failing to keep the canine on a leash or secured in the backyard.

Lloyd Hughes was also named as a defendant, also claiming that he “was aware of the dog’s vicious nature.”